New York has comprehensive animal cruelty laws that define what constitutes animal abuse, outline penalties, and provide protections for all animals except humans. The primary statutes are found in the New York Agriculture & Markets Law, particularly Sections 353 and 353-a.
What Is Considered Animal Abuse in New York?
General Cruelty (Misdemeanor)
Under Section 353, a person commits animal cruelty if they:
- Overdrive, overload, torture, cruelly beat, or unjustifiably injure, maim, mutilate, or kill any animal (wild or tame, owned or not)
- Deprive any animal of necessary sustenance, food, or drink
- Neglect or refuse to provide food or drink
- Cause, procure, or permit any animal to be overdriven, overloaded, tortured, cruelly beaten, unjustifiably injured, maimed, mutilated, or killed
- Willfully instigate, engage in, or further any act of cruelty to any animal
Penalty: This is a Class A misdemeanor, punishable by up to one year in jail and/or a $1,000 fine.
Aggravated Cruelty (Felony)
Section 353-a, known as “Buster’s Law,” covers aggravated cruelty to animals, which is a felony. A person is guilty if, with no justifiable purpose, they:
- Intentionally kill or cause serious physical injury to a companion animal with aggravated cruelty
- Engage in conduct intended to cause extreme physical pain, or done in an especially depraved or sadistic manner
Penalty: Aggravated cruelty is a felony, punishable by up to two years in prison.
Animal Fighting and Related Offenses
It is also a felony to:
- Cause any animal to engage in fighting for amusement or gain
- Train, breed, sell, or offer any animal for fighting purposes
- Permit animal fighting on premises under your control
Penalty: Felony punishable by up to four years in prison and/or a fine up to $25,000.
Neglect and Specific Provisions
- Failure to provide appropriate shelter for dogs left outdoors can result in fines and violations.
- Abandonment of animals is a misdemeanor, punishable by up to one year in jail and/or a $1,000 fine.
- Tattooing or piercing a companion animal is a violation.
Exemptions
The law does not apply to:
- Lawful hunting, trapping, or fishing
- Dispatching rabid or diseased animals as authorized by law
- Properly conducted scientific research approved by the state
Enforcement and Reporting
- The NYPD and ASPCA work together to investigate and prosecute animal cruelty cases in New York City.
- Orders of protection in domestic violence cases can include companion animals.
Summary Table
| Offense | Description | Penalty |
|---|---|---|
| General cruelty (Section 353) | Overdriving, torturing, injuring, neglecting, or killing any animal | Misdemeanor: up to 1 year jail and/or $1,000 fine |
| Aggravated cruelty (Section 353-a) | Intentional killing or serious injury with extreme cruelty to companion animal | Felony: up to 2 years prison |
| Animal fighting | Causing, training, or permitting animal fighting | Felony: up to 4 years prison and/or $25,000 fine |
| Abandonment | Leaving an animal without care | Misdemeanor: up to 1 year jail and/or $1,000 fine |
| Failure to shelter dogs outdoors | Not providing appropriate shelter | Violation: fines |
| Tattooing/piercing companion animals | Performing body modifications | Violation |
Animal abuse in New York includes acts of cruelty, neglect, abandonment, aggravated cruelty, and animal fighting. Penalties range from fines and misdemeanors to felonies with prison time, depending on the severity of the offense.
Sources:
- https://www.animallaw.info/statute/ny-cruelty-consolidated-cruelty-statutes
- https://aldf.org/wp-content/uploads/2019/01/Animal-Protection-Laws-of-New-York-2018.pdf
- https://nysba.org/legalease-animal-law-in-new-york-state/
- https://suffolkspca.org/fight-animal-cruelty/cruelty-neglect/