Should New York Toughen Its Penalties For Animal Cruelty? [POLL]

NEW YORK — The news was filled over the past week with some disturbing accounts of animal abuse.

A boxer mix, rescued by a shelter on Long Island, was found to have been starved. Two people in Alabama have been charged with felony aggravated cruelty, authorities said.

A New Jersey man pleaded guilty to two counts of aggravated cruelty to animals and other charges after he killed his ex-girlfriend's pets in her Putnam County home.

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In Orange County, a kennel-owning couple was convicted by a jury of what the district attorney called "horrific" animal abuse. A 13-year-old blind and deaf English Springer Spaniel that had a baseball-size ulcerated tumor on her back for more than a year was found in a cottage on the couple's property. There were also 11 other dogs found to be living in filthy conditions. The couple was charged with "overdriving, torturing and injuring animals; failure to provide proper sustenance," which is a misdemeanor.

When sentenced they each face up to one year in jail, a $1,000 fine and having to make restitution for medical care and maintenance of the dogs.

Lastly, a veterinarian in Westchester County was accused of abusing and injuring six dogs. He was charged with misdemeanor animal cruelty for abusing and/or injuring them, along with felony forgery and misdemeanor assault of a veterinary assistant.

Some of the comments left on the Orange County story questioned why the couple faces only up to a year and a $1,000 fine.

A reader said, "One year in jail and a fine is not enough for these disgraceful individuals. As the person said earlier, THE PUNISHMENT DOESN'T FIT THE CRIME." (Emphasis was the commenter's.)

Another commenter took issue with the possible sentence by saying that the dog suffered for more than a year.

New York has spelled out the charges and the penalties for animal cruelty in the state's Agriculture and Markets Law.

The charge of "overdriving, torturing and injuring animals; failure to provide proper sustenance," which is what the kennel owners were convicted of, is specifically a misdemeanor for which the maximum penalty is one year and a $1,000 fine.

Aggravated cruelty to animals, which is a felony, is described as "when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal. … For purposes of this section, 'aggravated cruelty' shall mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner."

Sheldon Siporin, writing in 2020 for the New York State Bar Association, said New York's animal abuse statutes are "poorly drafted and the punishment inadequate" and calls aggravated cruelty "redundant" because misdemeanor cruelty describes almost every kind of cruel act. What then, he asks, makes something a felony?

He said setting fire to a car is punishable by up to 15 years in prison, while burning alive a dog or cat, only two years.

Now it's time for you to weigh in on the issue. Vote in our unscientific poll and tell us what you think in the comments.