BILL NUMBER: S8581
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the penal law, the agriculture and markets law, the
education law and the administrative code of the city of New York, in
relation to the crime of aggravated cruelty to animals; and to repeal
section 353-a of the agriculture and markets law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
To strengthen protections for companion animals by relocating the aggra-
vated cruelty to animals statute in the Agriculture and Markets law to
the Penal law, making aggravated cruelty a class E violent felony
offense under the Penal law.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill repeals Agriculture and Markets Law § 353a.
Section 2 of the bill creates a new Penal Law Article 243, "Offenses
Against Animals," which does the following: defines "aggravated cruel-
ty," "companion animal," and "farm animal," and establishes the crime of
aggravated cruelty to animals, making it a class E felony when a person
intentionally kills or causes serious physical injury to a companion
animal with aggravated cruelty and without justifiable purpose.
Section 3 of the bill adds aggravated cruelty to animals to the list of
class E violent felony offenses under Penal Law § 70.02.
Sections 4-6 of the bill make conforming amendments to Agriculture and
Markets Law § 374, Education Law § 6714, and the NYC Administrative Code
to update references.
Section 7 of the bill provides the effective date.
 
JUSTIFICATION:
New York first criminalized aggravated cruelty to animals in 1999.
However, the statute has remained within the Agriculture and Markets Law
rather than the Penal Law, limiting its recognition and enforcement.
This bill modernizes and strengthens New York's commitment to animal
welfare by (1) relocating aggravated cruelty to the Penal Law, signaling
its seriousness alongside other violent crimes; (2) classifying aggra-
vated cruelty to animals as a violent felony offense, ensuring stronger
sentencing, predicate felony treatment, and broader prosecutorial tools;
(3) clarifying statutory definitions and preserving exemptions for
lawful hunting, fishing, farming, public health, and scientific research
activities.
Addressing aggravated cruelty to animals is not only a matter of
protecting animal welfare; research and experience in law enforcement
demonstrate a strong connection between cruelty to animals and violence
toward people. A 2021 article in the FBI's Law Enforcement Bulletin
emphasized that animal abuse is often a predictive or co-occurring crime
with violence against humans and is associated with other violent
offenses. The National Sheriffs' Association has likewise reported high
overlap between households experiencing child abuse and incidents of
animal cruelty. By updating this law, New York affirms that intentional
acts of extreme cruelty against animals are violent crimes that endanger
both animals and communities.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8581: 353-a agriculture and markets law, 70.02 penal law, 70.02(1) penal law, 6714 education law, 6714(2) education law