A 3528: Defines "aggravated cruelty"; makes any person who commits the conduct which falls under that definition guilty of a class E felony, punishable by up to two years imprisonment; defines "in the presence of a child" and makes any person who commits the conduct which falls under that definition, guilty of a class D felony.

  
  STATE OF NEW YORK ________________________________________________________________________ 3528 2025-2026 Regular Sessions  IN ASSEMBLY January 28, 2025 ___________ Introduced by M. of A. ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M. of A. COLTON, GLICK, McDONOUGH -- read once and referred to the Committee on Codes AN ACT to amend the agriculture and markets law, in relation to acts of animal cruelty in the presence of a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 3 of section 353-a of the agriculture 2 and markets law, as added by chapter 118 of the laws of 1999, are 3 amended to read as follows: 4 1. A person is guilty of aggravated cruelty to animals when, with no 5 justifiable purpose, [he or she] such person intentionally kills or 6 intentionally causes serious physical injury to a companion animal with 7 aggravated cruelty. For purposes of this section, "aggravated cruelty" 8 shall mean conduct which: [(i)] (a) is intended to cause extreme phys- 9 ical pain; or [(ii)] (b) is done or carried out in an especially 10 depraved or sadistic manner. 11 3. [Aggravated cruelty to animals is a felony. A defendant convicted 12 of this offense shall be sentenced pursuant to paragraph (b) of subdivi- 13 sion one of section 55.10 of the penal law provided,] (a) Any person who 14 commits one or more of the acts specified in subdivision one of this 15 section is guilty of a class E felony; provided however, that any term 16 of imprisonment imposed for [violation] a conviction of this section 17 shall be a definite sentence, which may not exceed two years. 18 (b) Any person who commits one or more of the acts specified in subdi- 19 vision one of this section in the presence of a child is guilty of a 20 class D felony. For the purposes of this section, "in the presence of a 21 child" shall mean in the physical presence of a child under the age of 22 eighteen knowing or having reason to know that a child is present and 23 may see or hear such act. 24 § 2. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06362-01-5