This document discusses animal cruelty laws in New York state. It defines key terms like animal, torture or cruelty, and outlines misdemeanor and felony animal cruelty statutes. Specifically, it notes that Section 353 covers misdemeanor cruelty, such as unjustifiably injuring, neglecting, or failing to provide sustenance for animals. Section 353a covers felony aggravated cruelty. The document also discusses why police must enforce these laws, including that cruelty can indicate other violent criminal behavior, and provides examples of animal hoarding and puppy mills that police should watch out for.

1. Animal LawAnimal Law
CRJS 230CRJS 230
Hudson Valley CommunityHudson Valley Community
CollegeCollege
Valerie A. Lang, J.D., M.L.S.Valerie A. Lang, J.D., M.L.S.

2. Animal CrueltyAnimal Cruelty
InvestigationInvestigation
New York StateNew York State
Agriculture and Markets LawAgriculture and Markets Law
Article 26Article 26

3. 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

4. AN
EPIDEMIC

5. In The Past 5 Years:
175 Deaths Have Taken Place in School
10,000 Murders Have Been Committed By Serial Killers
800,000 Children Abused With Serious Injury; 10,000 Killed
20,000 Children Have Committed Murder
25,000 Children Have Committed Suicide
115,000 Homicides
3 Million Child Abuse, Neglect, or Abandonment
5 Million Assaults Against Elders
15 Million Assaults Against Women
30 Million Violent Crimes Overall

6. The Yearly Cost Of Crime
Direct Monetary Losses - $ 50 Billion
Indirect Monetary Losses - $ 280 Billion
Adjudication Costs - $ 30 - 50 Billion
Total Costs To Society of Violent Crime:
$400 - 450 Billion
Source: National Research Council, Nat. Academy Of
Sciences

7. 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.

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

9. 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

10. 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.

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

12. 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.

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

14. 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.

15. 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

16. 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.

17. 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.

18. 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:

19. Why must police bother?Why must police bother?
 NYS Agriculture & Markets Law Article 26 Section 371NYS Agriculture & Markets Law Article 26 Section 371
States: “States: “AA ConstableConstable oror Police Officer MUSTPolice Officer MUST, and, and
anyany agent or officeragent or officer of any duly incorporatedof any duly incorporated SPCASPCA MAYMAY
issue an appearance ticket,issue an appearance ticket, summon or arrestsummon or arrest …..…..anyany
person offending against any of the provisionsperson offending against any of the provisions
of Article 26.of Article 26.

20. 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.

21. 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.

22. 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..

23. Felony andFelony and
Misdemeanor CrueltyMisdemeanor Cruelty

24. 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.

25. Unjustifiably injuring a wild animal – beak tied shut, nailsUnjustifiably injuring a wild animal – beak tied shut, nails
impaled thru eyesimpaled thru eyes

26. Failure to provide properFailure to provide proper
sustenancesustenance

27. AnyAny omission or neglectomission or neglect
Leaving dogs in HOT CARSLeaving dogs in HOT CARS
Overgrown hooves on horses –Overgrown hooves on horses –
resulting in sufferingresulting in suffering
Collars embedded into dogsCollars embedded into dogs
necksnecks
Lack of vet care resulting inLack of vet care resulting in
suffering (a disease or injury notsuffering (a disease or injury not
treated)treated)

28. Neglected hoovesNeglected hooves

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

30. 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.

31. Animal HoardersAnimal Hoarders

32. Animal HoarderAnimal Hoarder

33. Animal Hoarder residenceAnimal Hoarder residence

34. Fire HazardFire Hazard

35. Cockroach infestationCockroach infestation

36. Unsanitary conditionsUnsanitary conditions

37. 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.

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

39. Puppy mill victimPuppy mill victim

40. 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.

41. For examples of what is going on out thereFor examples of what is going on out there
See www.PetAbuse.comSee www.PetAbuse.com

42. 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

43. 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..

44. Inadequate ShelterInadequate Shelter

45. § 353-c. Electrocution of fur-bearing animals prohibited.
1.Notwithstanding any other provision of law, no person
shall intentionally kill, or stun to facilitate the killing of, a
fur-bearing animal by means of an electrical current.
2.2. A violation of subdivision one of this section is a class A
misdemeanor.

46. § 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

47. Animal Fighting - 351Animal Fighting - 351

48. 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

49. 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.

50. 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

51. Dog Fighting ParaphernaliaDog Fighting Paraphernalia

52. 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

53. 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.

54. AbandonmentAbandonment

55. 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.

56. An abandoned catAn abandoned cat

57. Section 357 – Selling DiseasedSection 357 – Selling Diseased
AnimalsAnimals
 Sells, offers to sell, uses, exposes anySells, offers to sell, uses, exposes any
animal having a disease dangerous to theanimal having a disease dangerous to the
life or health of humans or animalslife or health of humans or animals
 Applies to pet stores, breeders, privateApplies to pet stores, breeders, private
individualsindividuals

58. 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

59. 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”.

60. 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.

61. Each animal is identifiedEach animal is identified

62. 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.

63. 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