Assembly Bill A8638

2015-2016 Legislative Session

Establishes the crimes of cruelty to animals to threaten, intimidate or harass in the second degree and first degree

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A8638 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง120.80 & 120.85, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5075
2019-2020: A588
2021-2022: A1353
2023-2024: A483

2015-A8638 (ACTIVE) - Summary

Establishes the crimes of cruelty to animals to threaten, intimidate or harass in the second degree and cruelty to animals to threaten, intimidate or harass in the first degree when in the presence of a minor child.

2015-A8638 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8638

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            December 23, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  cruelty to animals to threaten, intimidate or  harass  in  the  second
  degree and first degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding two new sections  120.80
and 120.85 to read as follows:
S 120.80 CRUELTY  TO  ANIMALS  TO  THREATEN, INTIMIDATE OR HARASS IN THE
           SECOND DEGREE.
  1. A PERSON IS GUILTY OF CRUELTY TO ANIMALS TO THREATEN, INTIMIDATE OR
HARASS IN THE SECOND DEGREE WHEN HE  OR  SHE  INTENTIONALLY  INJURES  OR
KILLS, WITH NO JUSTIFIABLE PURPOSE, ANY COMPANION ANIMAL WITH THE INTENT
TO  THREATEN,  INTIMIDATE, OR HARASS A FAMILY OR HOUSEHOLD MEMBER WHO HE
OR SHE KNOWS OR SHOULD HAVE KNOWN OWNED,  POSSESSED,  LEASED,  KEPT,  OR
HELD SUCH COMPANION ANIMAL.
  2. FOR PURPOSES OF THIS SECTION:
  (A) "FAMILY OR HOUSEHOLD MEMBER" SHALL HAVE THE SAME MEANING AS SUBDI-
VISION  TWO  OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES
LAW.
  (B) "COMPANION ANIMAL" SHALL HAVE THE SAME MEANING AS SUBDIVISION FIVE
OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  CRUELTY TO ANIMALS TO THREATEN, INTIMIDATE OR  HARASS  IN  THE  SECOND
DEGREE IS A CLASS D FELONY.
S 120.85 CRUELTY  TO  ANIMALS  TO  THREATEN, INTIMIDATE OR HARASS IN THE
           FIRST DEGREE.
  1. A PERSON IS GUILTY OF CRUELTY TO ANIMALS TO THREATEN, INTIMIDATE OR
HARASS IN THE FIRST DEGREE WHEN   HE OR  SHE  INTENTIONALLY  INJURES  OR
KILLS, WITH NO JUSTIFIABLE PURPOSE AND IN THE PRESENCE OF A MINOR CHILD,
ANY  COMPANION ANIMAL WITH THE INTENT TO THREATEN, INTIMIDATE, OR HARASS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13303-01-5
              

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