A00614 Summary:

BILL NOA00614
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Add 353-g & 353-h, Ag & Mkts L
 
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.
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A00614 Actions:

BILL NOA00614
 
01/06/2021referred to agriculture
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A00614 Committee Votes:

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A00614 Floor Votes:

There are no votes for this bill in this legislative session.
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A00614 Memo:

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.
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A00614 Text:



 
                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.
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