N.Y. Agriculture & Markets Law Section 353-A
Aggravated cruelty to animals

1.

A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, “aggravated cruelty” shall mean conduct which:

(i)

is intended to cause extreme physical pain; or

(ii)

is done or carried out in an especially depraved or sadistic manner.

2.

Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as provided in article eleven of the environmental conservation law, the dispatch of rabid or diseased animals, as provided in article twenty-one of the public health law, or the dispatch of animals posing a threat to human safety or other animals, where such action is otherwise legally authorized, or any properly conducted scientific tests, experiments, or investigations involving the use of living animals, performed or conducted in laboratories or institutions approved for such purposes by the commissioner of health pursuant to § 353 (Overdriving, torturing and injuring animals)section three hundred fifty-three of this article.

3.

Aggravated cruelty to animals is a felony. A defendant convicted of this offense shall be sentenced pursuant to paragraph (b) of subdivision one of section 55.10 of the penal law provided, however, that any term of imprisonment imposed for violation of this section shall be a definite sentence, which may not exceed two years.

Source: Section 353-A — Aggravated cruelty to animals, https://www.­nysenate.­gov/legislation/laws/AGM/353-A (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
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 353-A’s source at nysenate​.gov

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