Stand Up for Animals!

Be part of the movement.

Issues

Issues  »  Stop Cruelty to Wildlife Animals

REPORT ON LEGISLATION

NYS A.5050 M. of A. Rosenthal
NYS S.620 Sen. Boyle

POSITION: SUPPORT

ESHV supports the enactment of NYS A.5050/S.620 to ensure that wild animals are protected under New York’s anti-cruelty laws.

Download PDF

Today, New York State law contains a loophole that excludes wildlife from protection under the state felony cruelty law. NYS A.5050/S.620 would eliminate this loophole by extending felony cruelty protection to wild animals.

Background

NY’s felony animal cruelty law (Agriculture and Markets Law § 353-a(1)) provides that “[a] person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty.” 1 Currently NY’s felony animal cruelty law applies only to “companion animals” 2 and therefore is inapplicable to wildlife. Under current law, even the most heinous cruelty to wildlife is a mere misdemeanor.

Wild animals are as capable of feeling pain and suffering as companion animals and deserve protection from aggravated cruelty. Over 38 other states include wildlife in their felony cruelty statues. It’s time for NY to get serious about animal cruelty and do the same.

Due to this loophole, a number of egregious instances of aggravated cruelty against wild animals have occurred in New York with limited consequences: 3

  • May 2016: Porcupines were clubbed to death by teens Albany and Schoharie counties. 4
  • February 2016: Baby raccoons were trapped in a cage for days without food, water or protection from the elements. 5
  • August 2011: a great blue heron was tortured and killed in Jay, NY. 6
  • July 2011: a turtle in Sag Harbor, NY was found with a rusty three-inch nail driven into his shell. 7
  • July 2011: the Suffolk County ASPCA reported several attacks against seagulls, including an incident in which a person bludgeoned a bird after luring the bird to the beach with bread, and incidents where birds were impaled with arrows and blow darts. 8
  • July 2011: a swan in Riverhead, NY was found with an arrow shot through her torso. 9
  • June 2010: a Canada goose in Prospect Park, Brooklyn was found with a crossbow arrow shot through his neck. 10
  • 2007: a snapping turtle was tortured and killed with a pipe bomb in Albany, NY. 11
  • July 2007: a peacock was choked and bludgeoned to death by a man in a restaurant parking lot in Staten Island. 12
  • May 2005: two swans were beaten and stabbed at a park in the Bronx. 13
  • May 2006: a Canadian goose was strangled by a man at Hamburg, NY fairgrounds. 14

Impact of the Proposed Legislation

NYS A.5050/S.620 would protect wildlife from aggravated cruelty by amending section 353-a of the Agriculture and Markets law to expand the existing definition of aggravated cruelty to “wildlife” (other than insects) as defined in section 11-0103 of the Environmental Conservation Law. 15 The proposed legislation would not prohibit otherwise lawful hunting, trapping, fishing or agricultural practices pursuant to N.Y. AGM. LAW §308.

Cracking down on animal cruelty protects animals as well as the entire community. There is a demonstrated a connection between animal cruelty and violence against humans, including child abuse, domestic violence, and other family violence. By allowing law enforcement and our courts to treat animal cruelty to wildlife and other animals with the seriousness it deserves, we can deter violence against animals and people.

Take Action:

Call your NYS assembly member and senator and ask them to protect wildlife from cruelty by voting for A5050/S.620.

Questions:

Contact ESHV Executive Director, Allie Feldman Taylor at allie@eshv.org