Establishes the crimes of cruelty to animals to threaten, intimidate or harass in the second degree and cruelty to animals to threaten, intimidate or harass in the first degree when in the presence of a minor child.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1353
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crimes of
cruelty to animals to threaten, intimidate or harass in the second
degree and first degree
PURPOSE:
This bill imposes felonious liability for a person who kills a companion
animal without a justifiable purpose with the intent to intimidate a
family or household member. This legislation enhances the penalty if the
killing takes place in the presence of a minor child.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends penal law by adding two new sections 120.80 and
120.85.
Section two sets forth the effective date.
JUSTIFICATION:
In homes where domestic violence exists, abusers often commit violent
acts on defenseless household pets, including killing them, solely to
intimidate family members or cause them extreme emotional distress.
Abusers will also commit these acts in front of children to force them
to keep silent about abuse in the home. Committing violence on a house-
hold pet results in psychological control and dominance over the victim,
and prevents the victim from leaving the home and separating from the
violent relationship.
Children who witness violent acts committed against their pets suffer
grave emotional stress and can become desensitized to violence and lose
the ability to empathize with victims. Steps must be taken to break the
cycle of violence, which becomes an intergenerational problem.
LEGISLATIVE HISTORY:
2019-20: A.588 - Referred to Codes
2017-18: A.5075 - Referred to Codes
2015-16: A.8638 -Referred to Codes
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
1353
2021-2022 Regular Sessions
IN ASSEMBLY
January 8, 2021
___________
Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
cruelty to animals to threaten, intimidate or harass in the second
degree and first degree
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 two new sections 120.80
2 and 120.85 to read as follows:
3 § 120.80 Cruelty to animals to threaten, intimidate or harass in the
4 second degree.
5 1. A person is guilty of cruelty to animals to threaten, intimidate or
6 harass in the second degree when he or she intentionally injures or
7 kills, with no justifiable purpose, any companion animal with the intent
8 to threaten, intimidate, or harass a family or household member who he
9 or she knows or should have known owned, possessed, leased, kept, or
10 held such companion animal.
11 2. For purposes of this section:
12 (a) "Family or household member" shall have the same meaning as subdi-
13 vision two of section four hundred fifty-nine-a of the social services
14 law.
15 (b) "Companion animal" shall have the same meaning as subdivision five
16 of section three hundred fifty of the agriculture and markets law.
17 Cruelty to animals to threaten, intimidate or harass in the second
18 degree is a class D felony.
19 § 120.85 Cruelty to animals to threaten, intimidate or harass in the
20 first degree.
21 1. A person is guilty of cruelty to animals to threaten, intimidate or
22 harass in the first degree when he or she intentionally injures or
23 kills, with no justifiable purpose and in the presence of a minor child,
24 any companion animal with the intent to threaten, intimidate, or harass
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00625-01-1
A. 1353 2
1 a family or household member who he or she knows or should have known
2 owned, possessed, leased, kept, or held such companion animal.
3 2. For purposes of this section:
4 (a) "Family or household member" shall have the same meaning as subdi-
5 vision two of section four hundred fifty-nine-a of the social services
6 law.
7 (b) "Companion animal" shall have the same meaning as subdivision five
8 of section three hundred fifty of the agriculture and markets law.
9 (c) "Minor child" means an individual under the age of eighteen.
10 (d) "Presence of a minor child" shall mean in the physical presence of
11 a child under the age of eighteen knowing or having reason to know that
12 a child is present and may see or hear such act.
13 Cruelty to animals to threaten, intimidate or harass in the first
14 degree is a class C felony.
15 § 2. This act shall take effect on the sixtieth day after it shall
16 have become a law.
