Establishes the crimes of sexual conduct with an animal resulting in injury or death and sexual conduct with an animal; makes such crimes a class E felony and class A misdemeanor, respectively.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A614
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to estab-
lishing the crimes of sexual conduct with an animal resulting in injury
or death and sexual conduct with an animal
PURPOSE:
This legislation will add sexual contact with an animal to our state's
animal cruelty laws.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 353-g.
Section two amends the agriculture and markets law by adding a new
section 353-h. Section three sets forth the effective date.
JUSTIFICATION:
A Brooklyn woman was charged with sexual misconduct after being caught
on a nanny cam engaging in a sexual act with her roommate's dog.
Disturbingly, these incidents are not uncommon. In 2018, a Long Island
man was charged under similar circumstances, and a year earlier, a
couple in the Rochester area was also charged after sexual conduct with
a dog.
Though this act is rightly classified as sexual misconduct, there is no
law clarifying that this behavior also constitutes cruelty to animals.
The link between cruelty to animals and violence toward humans is well
documented, and a 1997 Massachusetts SPCA and Northeastern University
study concluded that animal abusers are five times more likely to harm
humans. Acts of animal abuse, including sexual conduct with animals, are
a precursor of violence to humans and these individuals must also be
charged with animal cruelty, be required to undergo psychological evalu-
ation and be prohibited from owning an animal.
This legislation would add sexual conduct with an animal to New York
State's animal cruelty laws and would make it a felony-level offense
when the conduct results in serious injury or death of the animal.
Further, this legislation would require that the abuser relinquish
custody of any animals in their possession and prohibit them from future
ownership of animals. If the animal does not belong to the abuser, the
abuser would be required to reimburse the owner for any medical expenses
related to any injury or death caused by such act.
LEGISLATIVE HISTORY:
2019-20: A.8744 -Referred to Agriculture
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the first of November succeeding the date
on which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
614
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing the crimes of sexual conduct with an animal resulting in inju-
ry or death and sexual conduct with an animal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 353-g to read as follows:
3 § 353-g. Sexual conduct with an animal resulting in injury or death.
4 1. A person is guilty of sexual conduct with an animal resulting in
5 injury or death when he or she engages in sexual conduct with an animal
6 which results in the injury or death of such animal. For the purposes of
7 this section, "sexual conduct" shall have the same meaning as provided
8 in section 130.00 of the penal law.
9 2. Nothing contained in this section shall be construed to prohibit or
10 interfere in any way with anyone lawfully engaged in any properly
11 conducted scientific tests, experiments, or investigations involving the
12 use of living animals, performed or conducted in laboratories or insti-
13 tutions approved for such purposes by the commissioner of health pursu-
14 ant to section three hundred fifty-three of this article.
15 3. Sexual conduct with an animal resulting in injury or death is a
16 felony. A defendant convicted of this offense shall be sentenced pursu-
17 ant to paragraph (b) of subdivision one of section 55.10 of the penal
18 law.
19 4. In addition to the penalty imposed pursuant to subdivision three of
20 this section, the court shall order a person convicted of violating this
21 section to:
22 (a) relinquish and permanently forfeit custody of all animals under
23 such person's ownership, possession, control, or residing in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00411-01-1
A. 614 2
1 person's household to a pound, duly incorporated society for the
2 prevention of cruelty to animals, duly incorporated humane society, or
3 duly incorporated animal protective association, or if such person is
4 not the owner of such animal or animals, then such animal or animals
5 shall be returned to the owner of such animal or animals;
6 (b) be permanently prohibited from harboring, owning, possessing, or
7 exercising control over any animal, residing in any household where
8 animals are present, or working or volunteering in a place where such
9 person has unsupervised access to animals;
10 (c) reimburse the pound, duly incorporated society for the prevention
11 of cruelty to animals, duly incorporated humane society, or duly incor-
12 porated animal protective association for any reasonable costs incurred
13 for the care and maintenance of the animal involved in such violation in
14 addition to any other animals relinquished to such pound, duly incorpo-
15 rated society for the prevention of cruelty to animals, duly incorpo-
16 rated humane society, or duly incorporated animal protective association
17 pursuant to paragraph (a) of this subdivision; and
18 (d) where the animal was injured as a result of such violation, pay
19 the costs of any veterinary medical treatment or rehabilitation needed
20 as a result of such injury.
21 § 2. The agriculture and markets law is amended by adding a new
22 section 353-h to read as follows:
23 § 353-h. Sexual conduct with an animal. 1. A person is guilty of sexu-
24 al conduct with an animal when he or she engages in sexual conduct with
25 any animal. For the purposes of this section, "sexual conduct" shall
26 have the same meaning as provided in section 130.00 of the penal law.
27 2. Nothing contained in this section shall be construed to prohibit or
28 interfere in any way with anyone lawfully engaged in any properly
29 conducted scientific tests, experiments, or investigations involving the
30 use of living animals, performed or conducted in laboratories or insti-
31 tutions approved for such purposes by the commissioner of health pursu-
32 ant to section three hundred fifty-three of this article.
33 3. Sexual conduct with an animal is a misdemeanor. A defendant
34 convicted of this offense shall be sentenced pursuant to paragraph (b)
35 of subdivision two of section 55.10 of the penal law.
36 4. In addition to the penalty imposed pursuant to subdivision three of
37 this section, the court shall order a person convicted of violating this
38 section to:
39 (a) relinquish and permanently forfeit custody of all animals under
40 such person's ownership, possession, control, or residing in such
41 person's household to a pound, duly incorporated society for the
42 prevention of cruelty to animals, duly incorporated humane society, or
43 duly incorporated animal protective association, or if such person is
44 not the owner of such animal or animals, then such animal or animals
45 shall be returned to the owner of such animal or animals;
46 (b) be permanently prohibited from harboring, owning, possessing, or
47 exercising control over any animal, residing in any household where
48 animals are present, or working or volunteering in a place where such
49 person has unsupervised access to animals; and
50 (c) reimburse the pound, duly incorporated society for the prevention
51 of cruelty to animals, duly incorporated humane society, or duly incor-
52 porated animal protective association for any reasonable costs incurred
53 for the care and maintenance of the animal involved in such violation in
54 addition to any other animals relinquished to such pound, duly incorpo-
55 rated society for the prevention of cruelty to animals, duly incorpo-
A. 614 3
1 rated humane society, or duly incorporated animal protective association
2 pursuant to paragraph (a) of this subdivision.
3 § 3. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
