Cruelty to animals is illegal in the state of New York. New York has extensive laws regarding animal cruelty, and they specify a number of actions that constitute criminal cruelty to animals in that state. Among the actions are leaving dogs outside without the shelter that is appropriate for conditions to having their ears clipped by someone who is not a veterinarian and who does not use anesthesia for the process. Cruelty to both domestic and wild animals is illegal.
A person who has been charged with criminal animal cruelty needs a lawyer consultation.
The prohibition of animal cruelty in New York does not apply to scientific experiments in which live animals are the subjects, provided the experiments have been approved per state regulations and are conducted in compliance with regulations in authorized labs and institutions.
Animal injury claims based on allegations of negligence or intentional wrong done to an individual’s animal are certainly possible, but would probably be challenging as explained below.
However, an individual would certainly want to report instances of criminal animal cruelty to their local law enforcement agency and their local animal control agency.
What Qualifies as Animal Cruelty?
It’s a misdemeanor criminal offense in New York to mistreat a domestic or wild animal in a number of ways, including:
- Torturing
- Overworking
- Beating in a cruel manner
- Injuring, maiming, mutilating, or killing without justification
- Not providing essential nutrition and hydration
- Not providing an animal with the appropriate shelter that protects them from harsh conditions.
New York law also makes it a crime for a perpetrator to allow, instigate, or participate in these forms of animal cruelty. It is a criminal offense to acquire an animal for these purposes.
New York also prohibits all kinds of animal fighting, such as dogfighting, cockfighting, or fighting that involves other animals, whether it is done for profit or entertainment. The crime may be a felony or a misdemeanor, depending on the level of an individual’s participation, whether that is breeding animals for fighting, training them, or watching or betting on fights.
In New York, state law requires that owners of all dogs that are 4 months old or older have a license for their dog. Dog owners are legally required to vaccinate their dogs for rabies. Violations can be punished by the payment of a fine.
Pet owners in New York may also be ordered to pay a fine if they are convicted of animal neglect charges for leaving their animals locked in a vehicle without ventilation when it is extremely hot or cold. Of course, such actions risk the life of the animal, just as it can risk the life of a human being.
Emergency responders may take action to rescue animals found in such circumstances and take them to a shelter.
Is Animal Abuse a Felony in NY?
It is considered aggravated animal cruelty to intentionally kill or seriously injure a pet or “companion animal,” especially if this is done in an especially sadistic manner or with the intent to cause the animal extreme pain. Such aggravated animal cruelty is a felony criminal offense in New York.
What Is the Punishment for Animal Cruelty?
The maximum penalty depends on the severity of the offense. A misdemeanor offense is punishable by payment of a fine of up to $1,000 fine and a maximum term of incarceration of 1 year in jail. A felony offense may be punished by payment of a fine of up to $15,000 and incarceration for a maximum of 2 years in prison. Repeat offenders may face more severe punishment.
Individuals who have been convicted of animal cruelty may also be subject to restrictions on owning or caring for animals. They might be banned altogether from owning certain types of animals. Or, their animal care activities may be supervised. They may also be sentenced to mandatory participation in animal care education or counseling programs. Perpetrators may be punished more severely for second or subsequent offenses.
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What Should I Do if I Saw an Animal Being Abused?
To report animal cruelty an individual could contact their local county chapter of the American Society for the Prevention of Cruelty to Animals (ASPCA). They should also contact their local police department. If the local police department is not the right agency to respond, they would be able to tell an individual where to report the cruelty.
An individual should be prepared to provide ASPCA personnel and law enforcement with information such as names, addresses, names, and contact information for any witnesses, dates, times, and, if possible, photographs.
Another option is to contact the animal control department of the city or county in which an individual lives. Personnel in the animal control department are able to direct a person to the right agency for the problem if it is not the one.
What Should I Do if My Animal Was Abused?
An animal cruelty lawsuit is an option an individual has if someone else has inflicted cruelty on the individual’s animal.
For example, an individual might claim intentional infliction of emotional distress (IIED). In New York, IIED happens when someone engages in extreme or outrageous behavior and intentionally or recklessly causes severe emotional distress, mental trauma, and/or bodily harm to another.
An individual does not have to have suffered bodily harm themselves to claim IIED. So if a third-party harms the individual’s animal, it might give the individual grounds for an IIED lawsuit.
Experts say that proving the kind of extreme or outrageous behavior that must be shown to establish IIED is challenging. A New York personal injury attorney would be able to advise a person as to whether they have a case for IIED
Another option would be a lawsuit for the negligent infliction of emotional distress (NIED). To prove NIED, an individual would have to show that another individual’s negligent conduct caused the individual to suffer mental distress. Unfortunately, a victim must show that they themselves suffered physical injury in addition to mental harm to recover damages for NIED. This might be challenging if the basis of the lawsuit is the infliction of cruelty on an animal and not the victim.
However, there are exceptions to this rule. Again, a victim would want to consult a local New York lawyer about the facts of their situation for help in determining whether they have a potentially successful case.
What Evidence Do I Need for Animal Abuse?
As noted above, to prove animal abuse either to ASPCA personnel, to law enforcement or to a jury in a civil lawsuit, an individual must be prepared with documentation and information. They should report serious abuse to law enforcement and ask that they prepare a report. They want to identify witnesses and have their names, addresses, and contact information, e.g., phone numbers and email addresses.
A person would want to note the dates and times of the abuse. They would want to take the abused animal to the veterinarian and ask the veterinarian to prepare detailed medical records documenting the abuse and treatment. If an animal has passed away as a result of abuse, the owner would want the veterinarian to carefully document the cause of the animal’s demise.
Again, a consultation with a lawyer would help a person identify and prepare the evidence they need in a specific situation.
Should I Talk to a Lawyer Regarding Animal Cruelty Laws?
If you have been charged with animal abuse, you want to talk to a New York criminal defense attorney. LegalMatch.com can connect you to an experienced criminal defense attorney who can review the facts of your case, identify any defenses you may have available to you, and negotiate the criminal justice system for you.
If your animal has been abused by another individual, you want to consult a New York personal injury attorney. Again, LegalMatch.com can put you in touch with an experienced attorney who can review the facts of your case and advise you as to whether you have a potentially successful civil lawsuit for damages for the harm done to you.
