Bill Text: NY A01630 | 2025-2026 | General Assembly | Introduced


Bill Title: Establishes the crimes of sexual conduct with an animal resulting in injury or death and sexual conduct with an animal; makes such crimes a class E felony and class A misdemeanor, respectively.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-10 - referred to agriculture [A01630 Detail]

Download: New_York-2025-A01630-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1630

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 353-g to read as follows:
     3    §  353-g.  Sexual conduct with an animal resulting in injury or death.
     4  1. A person is guilty of sexual conduct  with  an  animal  resulting  in
     5  injury  or  death  when  such  person  engages in sexual conduct with an
     6  animal which results in the injury or death  of  such  animal.  For  the
     7  purposes  of  this section, "sexual conduct" shall have the same meaning
     8  as provided in section 130.00 of the penal law.
     9    2. Nothing contained in this section shall be construed to prohibit or
    10  interfere in any way  with  anyone  lawfully  engaged  in  any  properly
    11  conducted scientific tests, experiments, or investigations involving the
    12  use  of living animals, performed or conducted in laboratories or insti-
    13  tutions approved for such purposes by the commissioner of health  pursu-
    14  ant to section three hundred fifty-three of this article.
    15    3.  Sexual  conduct  with  an animal resulting in injury or death is a
    16  felony. A defendant convicted of this offense shall be sentenced  pursu-
    17  ant  to  paragraph  (b) of subdivision one of section 55.10 of the penal
    18  law.
    19    4. In addition to the penalty imposed pursuant to subdivision three of
    20  this section, the court shall order a person convicted of violating this
    21  section to:
    22    (a) relinquish and permanently forfeit custody of  all  animals  under
    23  such  person's  ownership,  possession,  control,  or  residing  in such
    24  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

     1  prevention  of  cruelty to animals, duly incorporated humane society, or
     2  duly incorporated animal protective association, or if  such  person  is
     3  not  the  owner  of  such animal or animals, then such animal or animals
     4  shall be returned to the owner of such animal or animals;
     5    (b)  be  permanently prohibited from harboring, owning, possessing, or
     6  exercising control over any animal,  residing  in  any  household  where
     7  animals  are  present,  or working or volunteering in a place where such
     8  person has unsupervised access to animals;
     9    (c) reimburse the pound, duly incorporated society for the  prevention
    10  of  cruelty to animals, duly incorporated humane society, or duly incor-
    11  porated animal protective association for any reasonable costs  incurred
    12  for the care and maintenance of the animal involved in such violation in
    13  addition  to any other animals relinquished to such pound, duly incorpo-
    14  rated society for the prevention of cruelty to  animals,  duly  incorpo-
    15  rated humane society, or duly incorporated animal protective association
    16  pursuant to paragraph (a) of this subdivision; and
    17    (d)  where  the  animal was injured as a result of such violation, pay
    18  the costs of any veterinary medical treatment or  rehabilitation  needed
    19  as a result of such injury.
    20    §  2.  The  agriculture  and  markets  law  is amended by adding a new
    21  section 353-h to read as follows:
    22    § 353-h. Sexual conduct with an animal. 1. A person is guilty of sexu-
    23  al conduct with an animal when such person  engages  in  sexual  conduct
    24  with  any  animal.  For the   purposes of this section, "sexual conduct"
    25  shall have the same meaning as provided in  section 130.00 of the  penal
    26  law.
    27    2. Nothing contained in this section shall be construed to prohibit or
    28  interfere  in  any  way  with  anyone  lawfully  engaged in any properly
    29  conducted scientific tests, experiments, or investigations involving the
    30  use of living animals, performed or conducted in laboratories or  insti-
    31  tutions  approved for such purposes by the commissioner of health pursu-
    32  ant to section three hundred fifty-three of this article.
    33    3. Sexual conduct  with  an  animal  is  a  misdemeanor.  A  defendant
    34  convicted  of this  offense shall be sentenced pursuant to paragraph (b)
    35  of subdivision two of section 55.10 of the penal law.
    36    4. In addition to the penalty imposed pursuant to subdivision three of
    37  this section, the court shall order a person convicted of violating this
    38  section to:
    39    (a) relinquish and permanently forfeit custody of  all  animals  under
    40  such  person's  ownership,  possession,  control,  or  residing  in such
    41  person's household  to  a  pound,  duly  incorporated  society  for  the
    42  prevention  of  cruelty to animals, duly incorporated humane society, or
    43  duly incorporated animal protective association, or if  such  person  is
    44  not  the  owner  of  such animal or animals, then such animal or animals
    45  shall be returned to the owner of such animal or animals;
    46    (b) be permanently prohibited from harboring, owning,  possessing,  or
    47  exercising  control  over  any  animal,  residing in any household where
    48  animals are present, or working or volunteering in a  place  where  such
    49  person has unsupervised access to animals; and
    50    (c)  reimburse the pound, duly incorporated society for the prevention
    51  of cruelty to animals, duly incorporated humane society, or duly  incor-
    52  porated  animal protective association for any reasonable costs incurred
    53  for the care and maintenance of the animal involved in such violation in
    54  addition to any other animals relinquished to such pound, duly  incorpo-
    55  rated  society  for  the prevention of cruelty to animals, duly incorpo-

        A. 1630                             3

     1  rated humane society, or duly incorporated animal protective association
     2  pursuant to paragraph (a) of this subdivision.
     3    § 3. This act shall take effect on the first of November next succeed-
     4  ing the date on which it shall have become a law.
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