S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1630
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing the crimes of sexual conduct with an animal resulting in inju-
   ry or death and sexual conduct with an animal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 section 353-g to read as follows:
   §  353-G.  SEXUAL CONDUCT WITH AN ANIMAL RESULTING IN INJURY OR DEATH.
 1. A PERSON IS GUILTY OF SEXUAL CONDUCT  WITH  AN  ANIMAL  RESULTING  IN
 INJURY  OR  DEATH  WHEN  SUCH  PERSON  ENGAGES IN SEXUAL CONDUCT WITH AN
 ANIMAL WHICH RESULTS IN THE INJURY OR DEATH  OF  SUCH  ANIMAL.  FOR  THE
 PURPOSES  OF  THIS SECTION, "SEXUAL CONDUCT" SHALL HAVE THE SAME MEANING
 AS PROVIDED IN SECTION 130.00 OF THE PENAL LAW.
   2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
 INTERFERE IN ANY WAY  WITH  ANYONE  LAWFULLY  ENGAGED  IN  ANY  PROPERLY
 CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE
 USE  OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTI-
 TUTIONS APPROVED FOR SUCH PURPOSES BY THE COMMISSIONER OF HEALTH  PURSU-
 ANT TO SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE.
   3.  SEXUAL  CONDUCT  WITH  AN ANIMAL RESULTING IN INJURY OR DEATH IS A
 FELONY. A DEFENDANT CONVICTED OF THIS OFFENSE SHALL BE SENTENCED  PURSU-
 ANT  TO  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION 55.10 OF THE PENAL
 LAW.
   4. IN ADDITION TO THE PENALTY IMPOSED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION, THE COURT SHALL ORDER A PERSON CONVICTED OF VIOLATING THIS
 SECTION TO:
   (A) RELINQUISH AND PERMANENTLY FORFEIT CUSTODY OF  ALL  ANIMALS  UNDER
 SUCH  PERSON'S  OWNERSHIP,  POSSESSION,  CONTROL,  OR  RESIDING  IN SUCH
 PERSON'S HOUSEHOLD  TO  A  POUND,  DULY  INCORPORATED  SOCIETY  FOR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04166-01-5
              

 A. 1630                             2
 
 PREVENTION  OF  CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR
 DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, OR IF  SUCH  PERSON  IS
 NOT  THE  OWNER  OF  SUCH ANIMAL OR ANIMALS, THEN SUCH ANIMAL OR ANIMALS
 SHALL BE RETURNED TO THE OWNER OF SUCH ANIMAL OR ANIMALS;
   (B)  BE  PERMANENTLY PROHIBITED FROM HARBORING, OWNING, POSSESSING, OR
 EXERCISING CONTROL OVER ANY ANIMAL,  RESIDING  IN  ANY  HOUSEHOLD  WHERE
 ANIMALS  ARE  PRESENT,  OR WORKING OR VOLUNTEERING IN A PLACE WHERE SUCH
 PERSON HAS UNSUPERVISED ACCESS TO ANIMALS;
   (C) REIMBURSE THE POUND, DULY INCORPORATED SOCIETY FOR THE  PREVENTION
 OF  CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR DULY INCOR-
 PORATED ANIMAL PROTECTIVE ASSOCIATION FOR ANY REASONABLE COSTS  INCURRED
 FOR THE CARE AND MAINTENANCE OF THE ANIMAL INVOLVED IN SUCH VIOLATION IN
 ADDITION  TO ANY OTHER ANIMALS RELINQUISHED TO SUCH POUND, DULY INCORPO-
 RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO  ANIMALS,  DULY  INCORPO-
 RATED HUMANE SOCIETY, OR DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (D)  WHERE  THE  ANIMAL WAS INJURED AS A RESULT OF SUCH VIOLATION, PAY
 THE COSTS OF ANY VETERINARY MEDICAL TREATMENT OR  REHABILITATION  NEEDED
 AS A RESULT OF SUCH INJURY.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 353-h to read as follows:
   § 353-H. SEXUAL CONDUCT WITH AN ANIMAL. 1. A PERSON IS GUILTY OF SEXU-
 AL CONDUCT WITH AN ANIMAL WHEN SUCH PERSON  ENGAGES  IN  SEXUAL  CONDUCT
 WITH  ANY  ANIMAL.  FOR THE   PURPOSES OF THIS SECTION, "SEXUAL CONDUCT"
 SHALL HAVE THE SAME MEANING AS PROVIDED IN  SECTION 130.00 OF THE  PENAL
 LAW.
   2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
 INTERFERE  IN  ANY  WAY  WITH  ANYONE  LAWFULLY  ENGAGED IN ANY PROPERLY
 CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE
 USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR  INSTI-
 TUTIONS  APPROVED FOR SUCH PURPOSES BY THE COMMISSIONER OF HEALTH PURSU-
 ANT TO SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE.
   3. SEXUAL CONDUCT  WITH  AN  ANIMAL  IS  A  MISDEMEANOR.  A  DEFENDANT
 CONVICTED  OF THIS  OFFENSE SHALL BE SENTENCED PURSUANT TO PARAGRAPH (B)
 OF SUBDIVISION TWO OF SECTION 55.10 OF THE PENAL LAW.
   4. IN ADDITION TO THE PENALTY IMPOSED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION, THE COURT SHALL ORDER A PERSON CONVICTED OF VIOLATING THIS
 SECTION TO:
   (A) RELINQUISH AND PERMANENTLY FORFEIT CUSTODY OF  ALL  ANIMALS  UNDER
 SUCH  PERSON'S  OWNERSHIP,  POSSESSION,  CONTROL,  OR  RESIDING  IN SUCH
 PERSON'S HOUSEHOLD  TO  A  POUND,  DULY  INCORPORATED  SOCIETY  FOR  THE
 PREVENTION  OF  CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR
 DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, OR IF  SUCH  PERSON  IS
 NOT  THE  OWNER  OF  SUCH ANIMAL OR ANIMALS, THEN SUCH ANIMAL OR ANIMALS
 SHALL BE RETURNED TO THE OWNER OF SUCH ANIMAL OR ANIMALS;
   (B) BE PERMANENTLY PROHIBITED FROM HARBORING, OWNING,  POSSESSING,  OR
 EXERCISING  CONTROL  OVER  ANY  ANIMAL,  RESIDING IN ANY HOUSEHOLD WHERE
 ANIMALS ARE PRESENT, OR WORKING OR VOLUNTEERING IN A  PLACE  WHERE  SUCH
 PERSON HAS UNSUPERVISED ACCESS TO ANIMALS; AND
   (C)  REIMBURSE THE POUND, DULY INCORPORATED SOCIETY FOR THE PREVENTION
 OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR DULY  INCOR-
 PORATED  ANIMAL PROTECTIVE ASSOCIATION FOR ANY REASONABLE COSTS INCURRED
 FOR THE CARE AND MAINTENANCE OF THE ANIMAL INVOLVED IN SUCH VIOLATION IN
 ADDITION TO ANY OTHER ANIMALS RELINQUISHED TO SUCH POUND, DULY  INCORPO-
 RATED  SOCIETY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPO-
 A. 1630                             3
 
 RATED HUMANE SOCIETY, OR DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.