New York State's animal cruelty law is located in Article 26 of the Agriculture and Markets Law. Article 26 defines animal cruelty and differentiates between misdemeanor and felony offenses. Failing to provide an animal with proper sustenance, shelter, or medical care is considered a misdemeanor, while intentionally causing serious physical injury or death with aggravated cruelty is a felony. Neglectful situations like animal hoarding and puppy mills often lead to animals suffering from a lack of care. Those who commit acts of animal cruelty have been shown to be more likely to engage in violent or criminal acts against humans as well.

1. Animal CrueltyAnimal Cruelty
InvestigationInvestigation
New York StateNew York State
Agriculture and Markets LawAgriculture and Markets Law
Article 26Article 26
Valerie Lang Waldin, J.D., M.L.S.Valerie Lang Waldin, J.D., M.L.S.
Hudson Valley Community CollegeHudson Valley Community College

2. Why bother investigating..Why bother investigating..
 Indicator of violenceIndicator of violence
 According to the FBI, the triad of: 1) beingAccording to the FBI, the triad of: 1) being
abused as a childabused as a child, 2), 2) reactingreacting by torturingby torturing
animals, and 3) becominganimals, and 3) becoming violent to humansviolent to humans
is so well established, that animal cruelty isis so well established, that animal cruelty is
used as a means ofused as a means of identifying possibleidentifying possible
suspects in violent crimessuspects in violent crimes and as an indicatorand as an indicator
of possible future offendersof possible future offenders

3. The LawThe Law
 NYS Agriculture and Markets Law (AGM)NYS Agriculture and Markets Law (AGM)
 Article 26Article 26
 Section 371: “A constable orSection 371: “A constable or police officer MUSTpolice officer MUST
and any agent of a duly incorporated humaneand any agent of a duly incorporated humane
society MAY issue an appearance ticket, summonsociety MAY issue an appearance ticket, summon
or arrest … any person offending against any ofor arrest … any person offending against any of
the provisions of Article 26.”the provisions of Article 26.”

4. AN
EPIDEMIC

5. Juvenile violenceJuvenile violence
Every yearEvery year
4000 kids under 184000 kids under 18 commit murdercommit murder
Virtually all of them were abused and began abusing animals by theVirtually all of them were abused and began abusing animals by the
time they reached their teens.time they reached their teens.

6. Luke Woodham 16 – 1997 killed his mother and 3Luke Woodham 16 – 1997 killed his mother and 3
classmates in Pearl Mississippiclassmates in Pearl Mississippi

7. Kip Kinkle 15 – killed his parents and 2 classmatesKip Kinkle 15 – killed his parents and 2 classmates
wounding 22 more in Oregonwounding 22 more in Oregon

8. Eric Harris and Dylan Kiebold killed 13 and wounded 20 inEric Harris and Dylan Kiebold killed 13 and wounded 20 in
Littleton, Colorado.Littleton, Colorado.

9.  AllAll of them were known toof them were known to
torture animalstorture animals
 Nobody did anything about it.Nobody did anything about it.

10. Serial KillersSerial Killers
 The FBI estimates there are 500 serialThe FBI estimates there are 500 serial
killers operating in the U.S. at any onekillers operating in the U.S. at any one
time.time.
All known serial killersAll known serial killers
tortured animals.tortured animals.

11. Jeffrey DahmerJeffrey Dahmer killed 17 young men, started torturingkilled 17 young men, started torturing
animals at age 10.animals at age 10.

12. Albert DeSalvo (the Boston Strangler)Albert DeSalvo (the Boston Strangler)
strangled and killed 13 women,strangled and killed 13 women,
trapped dogs in orange crates and shot arrows throughtrapped dogs in orange crates and shot arrows through
them.them.

13. Edmund KemperEdmund Kemper mutilated cats putting their heads onmutilated cats putting their heads on
poles as “trophies”.poles as “trophies”.
Convicted in 1973 of 8 counts of murder including hisConvicted in 1973 of 8 counts of murder including his
mothermother

14. Brenda SpencerBrenda Spencer set cats and dogs on fire.set cats and dogs on fire.
In 1979, shot 9 people in an elementary school, killing two.In 1979, shot 9 people in an elementary school, killing two.

15. Other violent crimesOther violent crimes
88% of child abuse88% of child abuse andand 70-80% of70-80% of
spouse abusespouse abuse alsoalso includes animal cruelty.includes animal cruelty.

16. So why bother?So why bother?
1. We’re talking about both felony and misdemeanor1. We’re talking about both felony and misdemeanor
crimes.crimes.
2. Could lead to discovery of OTHER criminal2. Could lead to discovery of OTHER criminal
activityactivity
3. Concern for:3. Concern for:

17. First of all, New York State’sFirst of all, New York State’s
animal cruelty law is located in theanimal cruelty law is located in the
Agriculture and Markets Law,Agriculture and Markets Law,
Article 26.Article 26.
So let’s get someSo let’s get some
definitions straight.definitions straight.

18. Article 26Article 26
Section 350Section 350 of the New York State Agriculture & Market Lawof the New York State Agriculture & Market Law
states:states: An animal is every living creature except a human being.An animal is every living creature except a human being.

19. Section 350–2Section 350–2
 ““Torture or Cruelty”Torture or Cruelty”
 EveryEvery ACTACT – Unjustifiable killing,– Unjustifiable killing,
beating, burning, hanging, shooting, etc.beating, burning, hanging, shooting, etc.
 OmissionOmission
 NeglectNeglect
 wherebywhereby unjustifiable physical pain,unjustifiable physical pain,
suffering or death issuffering or death is causedcaused oror
permittedpermitted..

20. Farmed AnimalsFarmed Animals
"Farm animal", as used in this article, means any"Farm animal", as used in this article, means any
ungulate, poultry, species of cattle, sheep, swine,ungulate, poultry, species of cattle, sheep, swine,
goats, llamas, horses or fur-bearing animals, asgoats, llamas, horses or fur-bearing animals, as
defined in section 11-1907 of the environmentaldefined in section 11-1907 of the environmental
conservation law, which are raised for commercialconservation law, which are raised for commercial
or subsistence purposes.or subsistence purposes.

21. Misdemeanor - Section 353Misdemeanor - Section 353
1.1. § 353. Overdriving, torturing and injuring animals; failure to§ 353. Overdriving, torturing and injuring animals; failure to
provide proper sustenance. A person who overdrives,provide proper sustenance. A person who overdrives,
overloads, tortures or cruelly beats oroverloads, tortures or cruelly beats or unjustifiablyunjustifiably injures,injures,
maims, mutilates or kills any animal, whethermaims, mutilates or kills any animal, whether wild or tamewild or tame, and, and
whether belonging to himself or to another, or deprives anywhether belonging to himself or to another, or deprives any
animal of necessary sustenance, food or drink, or neglects oranimal of necessary sustenance, food or drink, or neglects or
refuses to furnish it such sustenance or drink, or causes,refuses to furnish it such sustenance or drink, or causes,
procures or permits any animal to be overdriven, overloaded,procures or permits any animal to be overdriven, overloaded,
tortured, cruelly beaten, or unjustifiably injured, maimed,tortured, cruelly beaten, or unjustifiably injured, maimed,
mutilated or killed, or to be deprived of necessary food ormutilated or killed, or to be deprived of necessary food or
drink, or who wilfully sets on foot, instigates, engages in,drink, or who wilfully sets on foot, instigates, engages in, or inor in
any way furthers any act of cruelty to any animal, or any actany way furthers any act of cruelty to any animal, or any act
tending to produce such crueltytending to produce such cruelty, is guilty of a class A, is guilty of a class A
misdemeanor.misdemeanor.
1.1. Applies to ANY animal – whether wild or tame. Overloading can apply toApplies to ANY animal – whether wild or tame. Overloading can apply to
pit bulls carrying heavy weights for conditioning.pit bulls carrying heavy weights for conditioning.
2.2. This is the section used most often.This is the section used most often.

22. Failure to provide properFailure to provide proper
sustenancesustenance

23. Neglected hoovesNeglected hooves

26. Be on the lookout forBe on the lookout for
situations that lead tosituations that lead to
neglect:neglect:
Animal hoardersAnimal hoarders
Puppy millsPuppy mills

27. Animal HoardersAnimal Hoarders
 Definition – A person whoDefinition – A person who amasses moreamasses more
animals than he/she can properly care foranimals than he/she can properly care for..
 Individuals generally fail to recognize, orIndividuals generally fail to recognize, or
refuse to acknowledge when the animalsrefuse to acknowledge when the animals
in their custody become victims of grossin their custody become victims of gross
neglect.neglect.

28. Animal Hoarder residenceAnimal Hoarder residence

29. Fire HazardFire Hazard

30. Unsanitary conditionsUnsanitary conditions

31. Puppy MillsPuppy Mills
Several breeds of dogs may be foundSeveral breeds of dogs may be found
in overcrowded – unhealthy conditions.in overcrowded – unhealthy conditions.
Dogs are usually kept in cages or on chainsDogs are usually kept in cages or on chains
for their entire lifetime.for their entire lifetime.

32. This puppy mill warehoused Coonhounds andThis puppy mill warehoused Coonhounds and
German ShepherdsGerman Shepherds

33. Puppy mill victimPuppy mill victim

34. Section 353aSection 353a
 ““Buster’s Law” –Buster’s Law” – Aggravated CrueltyAggravated Cruelty
 FelonyFelony
§ 353-a. Aggravated cruelty to animals. 1. A§ 353-a. Aggravated cruelty to animals. 1. A
person is guilty ofperson is guilty of aggravated cruelty toaggravated cruelty to
animals when, with no justifiable purpose,animals when, with no justifiable purpose,
he orhe or sheshe intentionally kills or intentionallyintentionally kills or intentionally
causes serious physical injurycauses serious physical injury to ato a
companion animalcompanion animal with aggravated cruelty.with aggravated cruelty.
For purposes of thisFor purposes of this section, "aggravatedsection, "aggravated
cruelty" shall mean conduct which:cruelty" shall mean conduct which: (i) is(i) is
intendedintended
to cause extreme physical pain;to cause extreme physical pain; oror (ii) is(ii) is
done or carried out in andone or carried out in an especiallyespecially
depraved or sadistic manner.depraved or sadistic manner.

35. Cat sacrificed and hungCat sacrificed and hung

36. Dog slowly starved - tail cut offDog slowly starved - tail cut off
with butcher knifewith butcher knife

37. Section 353bSection 353b
 Dog Shelter LawDog Shelter Law
 Violations indicated by a combination of:Violations indicated by a combination of:
 Shelter itself, including wasteShelter itself, including waste
 Weather ConditionsWeather Conditions
 Physical condition or breed of the dogPhysical condition or breed of the dog

38. Section 353bSection 353b
BeginningBeginning 72 hours72 hours after a charge ofafter a charge of
violating this section,violating this section, each dayeach day aa
defendantdefendant fails to correctfails to correct deficiencies indeficiencies in
the dog shelter shall constitute athe dog shelter shall constitute a separateseparate
offenseoffense..

39. Inadequate ShelterInadequate Shelter

40. § 353-d. Confinement of companion§ 353-d. Confinement of companion
animals in vehicles: extreme temperatures.animals in vehicles: extreme temperatures.
1. A person shall not confine a companion animal in a1. A person shall not confine a companion animal in a
motor vehicle in extreme heat or cold without propermotor vehicle in extreme heat or cold without proper
ventilation or other protection from such extremeventilation or other protection from such extreme
temperatures where such confinement places thetemperatures where such confinement places the
companion animal in imminent danger of death orcompanion animal in imminent danger of death or
serious physical injury due to exposure to such extremeserious physical injury due to exposure to such extreme

41. Animal Fighting - 351Animal Fighting - 351

42. Dog FightingDog Fighting
 May require undercover operationsMay require undercover operations
 Often discovered through undergroundOften discovered through underground
fighting magazines, drug informants, thefighting magazines, drug informants, the
InternetInternet
 Called in by neighbor for barking dogsCalled in by neighbor for barking dogs

43. DogfightingDogfighting
 In the U.S., fightingIn the U.S., fighting
dogs are almostdogs are almost
exclusively pit bulls.exclusively pit bulls.
 They are usually kept inThey are usually kept in
“yards” on very heavy“yards” on very heavy
chains to strengthenchains to strengthen
neck muscles forneck muscles for
fighting.fighting.

44. Treadmills
Breaking sticksSpring-poles
Bottles of vitamins & steroids
Medication vials, syringes
Saline solution in plastic
bags used to re-hydrate
dog’s bodies after activity

45. Dog Fighting ParaphernaliaDog Fighting Paraphernalia

46. Dog Fighting -Dog Fighting -
 Conditions of the dogsConditions of the dogs
 Missing body partsMissing body parts
 Ears, eyesEars, eyes
 Recent and old bite marks,Recent and old bite marks,
 Ears often chopped offEars often chopped off

47. Dog Fighting - Street FightingDog Fighting - Street Fighting
 Occurs in playgrounds, streets, alleysOccurs in playgrounds, streets, alleys
 Owners will state the fight was an accident.Owners will state the fight was an accident.
 In addition to pit bulls, other dogs are used.In addition to pit bulls, other dogs are used.

48. CockfightingCockfighting
Another epidemic:Another epidemic:

49. CockfightingCockfighting
 Kept in single cages,Kept in single cages,
stacked in double andstacked in double and
triple layers OR outsidetriple layers OR outside
tethered to barrels.tethered to barrels.
 Combs and wattles (redCombs and wattles (red
growths on head andgrowths on head and
under chin) cut offunder chin) cut off
 Bodies may be shaved.Bodies may be shaved.
This is done to keepThis is done to keep
them cooler whilethem cooler while
fighting; it is also donefighting; it is also done
to determine the winner ­to determine the winner ­
the loser has morethe loser has more
wounds on his body.wounds on his body.

50. Cockfighting ParaphernailiaCockfighting Paraphernailia
Teasers ­ are small stick with 8 ­ 10 strips of cloth
attached to it, used to taunt the bird and make
him aggressive.
Spurs (Gaffs) are artificial steel spurs
Sparing "gloves" ­ are little leather booties that are
temporarily placed over the spurs
Weight scales and cock holding bags (look like
pillow cases)
Syringes, antibiotics, scissors for dubbing

51. Fighting SpursFighting Spurs

52. Preparing a bird for fightingPreparing a bird for fighting

53. A FightA Fight

54. Section 355 Abandonment ofSection 355 Abandonment of
AnimalsAnimals
 Owner or possessorOwner or possessor – abandons an– abandons an
animal (from a dwelling or drops it out of aanimal (from a dwelling or drops it out of a
vehicle into the street)vehicle into the street)
 Or – leaves it to lie in the street forOr – leaves it to lie in the street for moremore
than 3 hours after being notified.than 3 hours after being notified.

55. An abandoned catAn abandoned cat

56. Section 373 – Seizure ofSection 373 – Seizure of
AnimalsAnimals
 EXIGENT circumstancesEXIGENT circumstances
 Or, if for more thanOr, if for more than 12 successive hours12 successive hours hashas
been kept in crowded or unhealthy conditions,been kept in crowded or unhealthy conditions,
or –or –
 Not properly cared for, or -Not properly cared for, or -
 Without necessary sustenance, food or drinkWithout necessary sustenance, food or drink
 Provided that aProvided that a Search WarrantSearch Warrant is issuedis issued

57. Who may assist with theWho may assist with the
seizure:seizure:
 CopsCops
 Animal ControlAnimal Control
 Humane organizations/SPCAsHumane organizations/SPCAs
 VeterinariansVeterinarians
 Private individuals & rescuesPrivate individuals & rescues
 SPCA or Humane Society in the countySPCA or Humane Society in the county
where the seizure occurred should be thewhere the seizure occurred should be the
“seizing agency”.“seizing agency”.

58. Seizure of AnimalsSeizure of Animals
 The entire scene must be photographed.The entire scene must be photographed.
 Every animal is photographed – several picturesEvery animal is photographed – several pictures
might be necessary to show injuries.might be necessary to show injuries.
 Every animal is identified with a number.Every animal is identified with a number.
 A separate Information is written for everyA separate Information is written for every
animal.animal.

59. Each animal is identifiedEach animal is identified

60. Section 373-7 Retention ofSection 373-7 Retention of
propertyproperty
 If the animal(s) are unable to be removedIf the animal(s) are unable to be removed
from the existing location:from the existing location:
 ObtainObtain Court OrderCourt Order to return to the property toto return to the property to
ascertainascertain if the animal (s) are receivingif the animal (s) are receiving properproper
carecare..
 AnotherAnother Search WarrantSearch Warrant may be obtained ifmay be obtained if
animalsanimals need to be removedneed to be removed at a later date.at a later date.

61. Think Outside the Box.Think Outside the Box.
 Penal LawsPenal Laws
 Sexual Misconduct – Class A MisdemeanorSexual Misconduct – Class A Misdemeanor
 Engages in sexual conduct with an animalEngages in sexual conduct with an animal
 Any offense related to propertyAny offense related to property
 Animals are considered property with a valueAnimals are considered property with a value
 Criminal mischiefCriminal mischief
 LarcenyLarceny
 Reckless endangerment of propertyReckless endangerment of property
 ArsonArson

63. For more info. contact Valerie Lang Waldin, J.D., M.L.S.For more info. contact Valerie Lang Waldin, J.D., M.L.S.
Associate Professor/HVCC LibraryAssociate Professor/HVCC Library
Vice President, Responsible Animal Care USA, LLCVice President, Responsible Animal Care USA, LLC
518.478.1505 / langval730@gmail.com518.478.1505 / langval730@gmail.com