STATE OF NEW YORK
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4252
2019-2020 Regular Sessions
IN SENATE
March 5, 2019
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Introduced by Sen. MARTINEZ -- 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 theft of a companion
animal or pet
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 three new sections
2 165.75, 165.76 and 165.77 to read as follows:
3 § 165.75 Definitions.
4 As used in sections 165.76 and 165.77 of this article, the following
5 terms have the following definitions:
6 1. The term "companion animal" or "pet" is defined as a dog, cat, or
7 any other domesticated animal normally maintained in or near the house-
8 hold of the owner or person who cares for such domesticated animal.
9 "Pet" or "companion animal" shall not include a "farm animal" as defined
10 in subdivision four of section three hundred fifty of the agriculture
11 and markets law.
12 2. The term "aggravated cruelty" shall mean conduct which:
13 a. is intended to cause extreme physical pain; or
14 b. is done or carried out in an especially depraved or sadistic
15 manner.
16 § 165.76 Pet theft in the second degree.
17 1. A person is guilty of pet theft in the second degree when he or she
18 steals a companion animal or pet.
19 2. Nothing contained in this section shall be construed to prohibit or
20 interfere in any way with anyone lawfully engaged in hunting, trapping,
21 or fishing, as provided in article eleven of the environmental conserva-
22 tion law, the dispatch of rabid or diseased animals, as provided in
23 article twenty-one of the public health law, or the dispatch of animals
24 posing a threat to human safety or other animals, where such action is
25 otherwise legally authorized, or any properly conducted scientific
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04488-01-9
S. 4252 2
1 tests, experiments, or investigations involving the use of living
2 animals, performed or conducted in laboratories or institutions approved
3 for such purposes by the commissioner of health pursuant to section
4 three hundred fifty-three of the agriculture and markets law.
5 Pet theft in the second degree is a class E felony.
6 § 165.77 Pet theft in the first degree.
7 1. A person is guilty of pet theft in the first degree when he or she
8 commits pet theft in the second degree, and when:
9 a. such animal is sold for scientific research purposes; or
10 b. with no justifiable purpose, he or she intentionally kills or
11 intentionally causes serious physical injury to such companion animal or
12 pet with aggravated cruelty.
13 2. Nothing contained in this section shall be construed to prohibit or
14 interfere in any way with anyone lawfully engaged in hunting, trapping,
15 or fishing, as provided in article eleven of the environmental conserva-
16 tion law, the dispatch of rabid or diseased animals, as provided in
17 article twenty-one of the public health law, or the dispatch of animals
18 posing a threat to human safety or other animals, where such action is
19 otherwise legally authorized, or any properly conducted scientific
20 tests, experiments, or investigations involving the use of living
21 animals, performed or conducted in laboratories or institutions approved
22 for such purposes by the commissioner of health pursuant to section
23 three hundred fifty-three of the agriculture and markets law.
24 Pet theft in the first degree is a class D felony.
25 § 2. This act shall take effect immediately.
