2018 Citizens Guide to Reporting Animal Cruelty in New York State

1. What Citizens Should Know About Reporting Animal Cruelty
Sue McDonough – NYSP Retired
• In accordance with the New York State Agriculture & Markets Law, Article 26, animal
cruelty is a crime. Some sections are misdemeanors and some are felonies. All suspected
cases of animal cruelty should be reported to your state, county or local police.
• Section 350 provides the definitions of cruelty.
• Section 353 refers to the unjustifiable death or injury of ANY animal, whether wild or
domesticated. It also refers to failure to provide proper food and drink where animals are
obviously underweight and finally – ANY form of neglect.
• Section 353a refers to the killing or serious physical injury of a companion animal that is
done in a way that causes extreme physical pain. A companion animal is ANY DOG or
CAT – or any other animal who lives in or near the household and is considered a pet.
• Section 353b refers to appropriate shelter for dogs who are left outdoors. Dogs must have
shelter that is appropriate for the breed of the dog. The surrounding area must be clean
and sanitary.
• Section 353d – confinement of animals in vehicles during extreme temperatures. This
section applies to any companion animal who is left in a vehicle without proper
ventilation or other protection against extreme temperatures where such confinement
places the animal in imminent danger of death or serious physical injury. It gives any
police, peace or SPCA agent the right to take necessary steps to remove the animal
without being held criminally or civilly liable for actions taken.
• In accordance with section 371, it is the police who must make arrests for animal cruelty.
If you suspect cruelty, the police who handle the area where the crime was or is being
committed should be contacted. Always get the name of the officer or dispatcher you
spoke to. If no action is taken, call back and ask to speak to a supervisor.
• If you are a veterinarian, work for a humane organization, are a horse owner, farmer, or
have knowledge in regard to a certain species that you believe is neglected or mistreated,
the police might rely heavily on your expertise in knowing what to look for when
investigating cruelty. Signs of neglect such as collars embedded into a dog’s neck,
extremely overgrown hooves on horses, severe skin disease where the owner refuses to
get medical treatment might all constitute neglect.
• Individuals who abuse or neglect animals sometimes act the same way towards their
children. By filing a report regarding suspected animal cruelty or neglect, you might just
be putting an end to a situation of child or elder abuse.
• Section 373 states that a police or peace officer may obtain a Search Warrant and seize
any and all animals who have not received proper care for more than twelve hours. It also
states that a judge MUST immediately issue a warrant.