NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5177
SPONSOR: Tannousis TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to penal-
ties for intent to cause injury to an animal
PURPOSE OR GENERAL IDEA OF BILL::
The purpose of this bill is to create an additional means to establish
the crime of aggravated cruelty to animals where a person injures or
kills an animal due to behavior evincing a depraved indifference to the
life of the animal.
SUMMARY OF PROVISIONS::
Section 1 amends § 353-a of the agriculture and markets law by adding an
additional means to establish the crime of aggravated cruelty to animal
where; under circumstances evincing a depraved indifference to the life
of an animal, he or she recklessly engages in conduct which creates a
grave risk of serious physical injury or death to the animal, and there
by causes serious physical injury or death to such animal.
JUSTIFICATION::
Because most cases have to be proven circumstantially, there are always
issues with proving if the defendant possessed the intent to cause the
injury. Just like with other criminal statutes, like Murder in the
Second Degree, there should be different types of offenses relating to
animal cruelty laws that take into account the defendant's mens rea at
the time of the offense. Thus, instead of requiring prosetution to prove
intent for the felony charge, this would allow them to find an aggravat-
ing factor where the conduct was not intentional, but reckless or
depraved.
PRIOR LEGISLATIVE HISTORY::
2020 A6900 Referred to Agriculture.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
None.
EFFECTIVE DATE::
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5177
2023-2024 Regular Sessions
IN ASSEMBLY
March 3, 2023
___________
Introduced by M. of A. TANNOUSIS -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to penal-
ties for intent to cause injury to an animal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 353-a of the agriculture and
2 markets law, as added by chapter 118 of the laws of 1999, is amended to
3 read as follows:
4 1. A person is guilty of aggravated cruelty to animals when[,]: (a)
5 with no justifiable purpose, he or she intentionally kills or inten-
6 tionally causes serious physical injury to a companion animal with
7 aggravated cruelty or (b) under circumstances evincing a depraved indif-
8 ference to the life of an animal, he or she recklessly engages in
9 conduct which creates a grave risk of serious physical injury or death
10 to the animal, and thereby causes serious physical injury or death to
11 such animal. For purposes of this section, "aggravated cruelty" shall
12 mean conduct which: (i) is intended to cause extreme physical pain; or
13 (ii) is done or carried out in an especially depraved or sadistic
14 manner.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05087-01-3
