STATE OF NEW YORK
________________________________________________________________________
4031
2013-2014 Regular Sessions
IN SENATE
March 5, 2013
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting the dissem-
ination of depictions of animal cruelty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 245.13 to
2 read as follows:
3 § 245.13 Disseminating a depiction of animal cruelty.
4 1. A person is guilty of disseminating a depiction of animal cruelty
5 when he or she knowingly promotes a depiction of animal cruelty.
6 2. As used in this section:
7 a. "Depiction of animal cruelty" means any visual depiction, including
8 any photograph, motion-picture film, video recording or electronic
9 image, which depicts an animal being intentionally injured or killed,
10 that:
11 (1) depicts actual conduct in which a living animal is tortured,
12 maimed, or mutilated that violates any criminal prohibition on inten-
13 tional cruelty under Federal law or state law; and
14 (2) taken as a whole, does not have religious, political, scientific,
15 educational, journalistic, historical, or artistic value.
16 b. "Promote" means to manufacture, create, issue, sell, give, provide,
17 possess, furnish, lend, mail, deliver, transfer, transmit, publish,
18 distribute, circulate, disseminate, present, exhibit or advertise, or to
19 offer to agree to do the same.
20 3. Nothing in this section shall be construed to prohibit the selling
21 of or offering to sell all filmed or electronic images that depict hunt-
22 ing, farming or veterinary practices or for law enforcement purposes.
23 Disseminating a depiction of animal cruelty is a class D felony,
24 punishable by imprisonment or by both imprisonment and fine.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08439-01-3
S. 4031 2
1 § 2. If any section, paragraph, sentence, clause, phrase or any part
2 of this act hereafter is declared to be unconstitutional or void, or if
3 for any reason is declared to be invalid or of no effect, the remaining
4 sections, paragraphs, sentences, clauses, phrases or parts thereof shall
5 be in no manner affected thereby but shall remain in full force and
6 effect.
7 § 3. This act shall take effect on the first of November next succeed-
8 ing the date on which it shall have become a law.
