N.Y. Agriculture & Markets Law Section 351
Prohibition of animal fighting


1.

For purposes of this section, the term “animal fighting” shall mean any fight between cocks or other birds, or between dogs, bulls, bears or any other animals, or between any such animal and a person or persons, except in exhibitions of a kind commonly featured at rodeos.

2.

Any person who engages in any of the following conduct is guilty of a felony punishable by imprisonment for a period not to exceed four years, or by a fine not to exceed twenty-five thousand dollars, or by both such fine and imprisonment:

(a)

For amusement or gain, causes any animal to engage in animal fighting; or

(b)

Trains any animal under circumstances evincing an intent that such animal engage in animal fighting for amusement or gain; or

(c)

Breeds, sells or offers for sale any animal under circumstances evincing an intent that such animal engage in animal fighting; or

(d)

Permits any act described in paragraph (a), (b) or (c) of this subdivision to occur on premises under his control; or

(e)

Owns, possesses or keeps any animal trained to engage in animal fighting on premises where an exhibition of animal fighting is being conducted under circumstances evincing an intent that such animal engage in animal fighting.

3.

(a) Any person who engages in conduct specified in paragraph (b) of this subdivision is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed fifteen thousand dollars, or by both such fine and imprisonment.

(b)

The owning, possessing or keeping of any animal under circumstances evincing an intent that such animal engage in animal fighting.

4.

(a) Any person who engages in conduct specified in paragraph (b) hereof is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed one thousand dollars, or by both such fine and imprisonment.

(b)

The knowing presence as a spectator having paid an admission fee or having made a wager at any place where an exhibition of animal fighting is being conducted.

5.

(a) Any person who engages in the conduct specified in paragraph (b) of this subdivision is guilty of a class B misdemeanor punishable by imprisonment for a period not to exceed three months, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment. Any person who engages in the conduct specified in paragraph (b) of this subdivision after having been convicted within the previous five years of a violation of this subdivision or subdivision four of this section is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed one thousand dollars, or by both such fine and imprisonment.

(b)

The knowing presence as a spectator at any place where an exhibition of animal fighting is being conducted.

6.

(a) Any person who intentionally owns, possesses, sells, transfers or manufactures animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate animal fighting as defined in subdivision one of this section is guilty of a class B misdemeanor punishable by imprisonment for a period of up to ninety days, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment. Any person who engages in the conduct specified in this subdivision after having been convicted within the previous five years of a violation of this subdivision is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed one thousand dollars, or by both such fine and imprisonment.

(b)

For purposes of this section, animal fighting paraphernalia shall mean equipment, products, or materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning or furtherance of animal fighting. Animal fighting paraphernalia includes the following:

(i)

A breaking stick, which means a device designed for insertion behind the molars of a dog for the purpose of breaking the dog’s grip on another animal or object;

(ii)

A cat mill, which means a device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog;

(iii)

A treadmill, which means an exercise device consisting of an endless belt on which the animal walks or runs without changing places;

(iv)

A springpole, which means a biting surface attached to a stretchable device, suspended at a height sufficient to prevent a dog from reaching the biting surface while touching the ground;

(v)

A fighting pit, which means a walled area, or otherwise defined area, designed to contain an animal fight;

(vi)

Any other instrument commonly used in the furtherance of pitting an animal against another animal.

Source: Section 351 — Prohibition of animal fighting, https://www.­nysenate.­gov/legislation/laws/AGM/351 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

350
Definitions
351
Prohibition of animal fighting
353
Overdriving, torturing and injuring animals
353‑A
Aggravated cruelty to animals
353‑B
Appropriate shelter for dogs left outdoors
353‑C
Electrocution of fur-bearing animals prohibited
353‑D
Confinement of companion animals in vehicles: extreme temperatures
353‑E
Companion animal grooming facilities
353‑F
Companion animal piercing and tattooing prohibited
354
Sale of baby chicks and baby rabbits
355
Abandonment of animals
356
Failure to provide proper food and drink to impounded animal
357
Selling or offering to sell or exposing diseased animal
358
Selling disabled Equidae
358‑A
Live animals as prizes prohibited
359
Carrying animal in a cruel manner
359‑A
Transportation of horses
360
Poisoning or attempting to poison animals
361
Interference with or injury to certain domestic animals
362
Throwing substance injurious to animals in public place
363
Unauthorized possession of dogs presumptive evidence of larceny
364
Running horses on highway
365
Clipping or cutting the ears of dogs
366
Companion animal stealing
366‑A
Removing, seizing or transporting dogs for research purposes
367
Leaving state to avoid provisions of this article
368
Operating upon tails of horses unlawful
369
Interference with officers
370
Protection of the public from attack by wild animals and reptiles
371
Powers of peace officers
372
Issuance of warrants upon complaint
373
Seizure of animals lost, strayed, homeless, abandoned or improperly confined or kept
374
Humane destruction or other disposition of animals lost, strayed, homeless, abandoned or improperly confined or kept
375
Officer may take possession of animals or implements used in fights among animals
376
Disposition of animals or implements used in fights among animals
377
Disposal of dead animals
377‑A
Spaying and neutering of dogs and cats
378
Unlawful tampering with animal research
379
Prohibition of the selling of fur, hair, skin or flesh of a dog or cat
380
Use of elephants in entertainment acts
380*2
Examination of seized animals or animals taken possession of
381
Prohibition of the declawing of cats
382
Prohibition of the slaughter of race horses and race horse breeding stock
383
Examination of seized animals or animals taken possession of
384
Special provisions related to the importation of dogs and cats into the state for sale, resale or adoption
385
Prohibition of slaughtering horses for human or animal consumption

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 351’s source at nysenate​.gov

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