NY · jury_instructions
CJI2d[NY] Agriculture and Markets Law § 353
OVERDRIVING, TORTURING, AND INJURING ANIMALS; [FAILURE TO PROVIDE PROPER SUSTENANCE]
The (specify) count is Overdriving, Torturing and Injuring Animals [Failure to Provide Proper Sustenance].
A person is guilty of: Overdriving, Torturing and Injuring Animals [Failure to Provide Proper Sustenance] when that person
Select appropriate alternative(s):
overdrives, overloads, tortures or cruelly beats or unjustifiably² injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another,
[or] deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink,
[or] causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink,
[or] who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty.³ [A person “wilfully” engages in conduct when that person is aware that he or she is doing so.⁴]
The following term(s) used in that definition (has / have) a special meaning:
ANIMAL includes every living creature except a human being.⁵
["Torture" or "cruelty," include every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.⁶ ]
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, the following element:
That on or about (specify), in the County of (specify), the defendant, (specify):
Select appropriate alternative(s):
overdrove, overloaded, tortured or cruelly beat or unjustifiably injured, maimed, mutilated or killed any animal, whether wild or tame, and whether belonging to himself or to another,
[or] deprived any animal of necessary sustenance, food or drink, or neglected or refused to furnish it such sustenance or drink,
[or] caused, procured or permitted any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink,
[or] who wilfully set on foot, instigated, engaged in, or in any way furthered any act of cruelty to any animal, or any act tending to produce such cruelty.
If you find the People have proven beyond a reasonable doubt that element, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt that element, you must find the defendant not guilty of this crime.
History
Caption: OVERDRIVING, TORTURING, AND INJURING ANIMALS; [FAILURE TO PROVIDE PROPER SUSTENANCE] Agriculture and Markets Law § 353 Committed on or after Nov. 1, 2015 Revised Jan. 2019. Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
bf8d5a835763297b4f8c4aab681fd37098650447ffd41ad98047e44c03b3699a
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