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Lawmaker Seeks Addition To Animal Cruelty Laws

It’s hard to believe this behavior isn’t already against state law, but a state Assembly member wants to add sexual contact with an animal to the state’s animal cruelty laws.

Assemblywoman Linda Rosenthal, D-New York City, recently introduced A-8744 in the state Assembly to establish the class E felony charge of sexual conduct with an animal resulting in injury or the class A misdemeanor charge death and sexual conduct with an animal.

Penalties for a class E felony can range from probation up to four years in jail while a class A misdemeanor can include up to a year in jail, three years probation and a fine of up to $1,000 or twice the amount of an individual’s gain from a crime.

Rosenthal wrote that the legislation stems from a Brooklyn case in which a woman was charged after being caught on a nanny camera engaging in inappropriate conduct with her roommate’s dog, though Rosenthal noted a 2018 incident on Long Island and a 2017 incident involving a Rochester couple.

Such behavior is classified as sexual misconduct, but Rosenthal said there is no state law constituting such behavior as cruelty to animals. Rosenthal said that is important because research has shown a link between cruelty to animals and violence toward humans, while a 1997 Massachusetts SPCA and Northeastern University study concluded that animal abusers are five times more likely to harm humans. Those found guilty of sexual conduct with an animal resulting in injury or death would be permanently prohibited from having animals, living in a home where animals are present, working or volunteering in a place where a person has unsupervised access to animals. A person could also have to reimburse the pound or local Humane Society for any costs incurred caring for animals used in commission of the crime in addition to any other animals relinquished to the pound or Humane Society.

“This legislation would add sexual conduct with an animal to New York state’s animal cruelty laws and would make it a felony-level offense when the conduct results in serious injury or death of the animal.” Rosenthal wrote. “Further, this legislation would require that the abuser relinquish custody of any animals in their possession and prohibit them from future ownership of animals. If the animal does not belong to the abuser, the abuser would be required to reimburse the owner for any medical expenses related to any injury or death caused by such act.”

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