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. LBD04166-01-5A. 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.