Defines "aggravated cruelty" and makes any person who commits the conduct which falls under that definition guilty of a class E felony, punishable by up to two years imprisonment; defines "in the presence of a child" and makes any person who commits the conduct which falls under that definition, guilty of a class D felony.
STATE OF NEW YORK
________________________________________________________________________
2140
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
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Introduced by M. of A. ROSENTHAL, MOYA, LUPARDO -- Multi-Sponsored by --
M. of A. COLTON, GLICK, LIFTON, McDONOUGH, THIELE -- read once and
referred to the Committee on Codes
AN ACT to amend the agriculture and markets law, in relation to acts of
animal cruelty in the presence of a child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 3 of section 353-a of the agriculture
2 and markets law, as added by chapter 118 of the laws of 1999, are
3 amended to read as follows:
4 1. A person is guilty of aggravated cruelty to animals when, with no
5 justifiable purpose, he or she intentionally kills or intentionally
6 causes serious physical injury to a companion animal with aggravated
7 cruelty. For purposes of this section, "aggravated cruelty" shall mean
8 conduct which: [(i)] (a) is intended to cause extreme physical pain; or
9 [(ii)] (b) is done or carried out in an especially depraved or sadistic
10 manner.
11 3. [Aggravated cruelty to animals is a felony. A defendant convicted
12 of this offense shall be sentenced pursuant to paragraph (b) of subdivi-
13 sion one of section 55.10 of the penal law provided,] (a) Any person who
14 commits one or more of the acts specified in subdivision one of this
15 section is guilty of a class E felony; provided however, that any term
16 of imprisonment imposed for [violation] a conviction of this section
17 shall be a definite sentence, which may not exceed two years.
18 (b) Any person who commits one or more of the acts specified in subdi-
19 vision one of this section in the presence of a child is guilty of a
20 class D felony. For the purposes of this section, "in the presence of a
21 child" shall mean in the physical presence of a child under the age of
22 eighteen knowing or having reason to know that a child is present and
23 may see or hear such act.
24 § 2. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05365-01-7
