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 Jun. 8, 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:
Jun. 8, 2024

Last modified:
Sep. 22, 2014

§ 353’s source at nysenate​.gov

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