N.Y. Agriculture & Markets Law Section 353
Overdriving, torturing and injuring animals

  • failure to provide proper sustenance
A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor and for purposes of paragraph (b) of subdivision one of section 160.10 of the criminal procedure law, shall be treated as a misdemeanor defined in the penal law. Nothing herein contained shall be construed to prohibit or interfere with any properly conducted scientific tests, experiments or investigations, involving the use of living animals, performed or conducted in laboratories or institutions, which are approved for these purposes by the state commissioner of health. The state commissioner of health shall prescribe the rules under which such approvals shall be granted, including therein standards regarding the care and treatment of any such animals. Such rules shall be published and copies thereof conspicuously posted in each such laboratory or institution. The state commissioner of health or his duly authorized representative shall have the power to inspect such laboratories or institutions to insure compliance with such rules and standards. Each such approval may be revoked at any time for failure to comply with such rules and in any case the approval shall be limited to a period not exceeding one year.

Source: Section 353 — Overdriving, torturing and injuring animals; failure to provide proper sustenance, https://www.­nysenate.­gov/legislation/laws/AGM/353 (updated Sep. 22, 2014; accessed Apr. 13, 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
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Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 353’s source at nysenate​.gov

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