NY · jury_instructions
CJI2d[NY] Agriculture and Markets Law § 353-a
AGGRAVATED CRUELTY TO ANIMALS
The (specify) count is Aggravated Cruelty to Animals.
Under our law, a person is guilty of Aggravated Cruelty to Animals when, with no justifiable purpose, he intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty.¹
The following terms used in that definition have a special meaning:
"Companion animal" means any dog or cat;
[and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Companion animal" shall not include a "farm animal"].²
"Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.³
“Aggravated cruelty” means conduct which is either intended to cause extreme physical pain or which is done or carried out in an especially depraved or sadistic manner.⁴
Intent means conscious objective or purpose. Thus, a person “intentionally” kills or causes serious physical injury to a companion animal with aggravated cruelty when that person’s conscious objective or purpose is to do so.⁵
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, each of the following three elements:
1. That on or about (date), in the county of (specify) the defendant, (specify),
Select appropriate alternative:
killed
caused serious physical injury to
a companion animal with aggravated cruelty;
2. That the defendant did so intentionally; and
3. That the defendant did so with no justifiable purpose.
If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.
History
Caption: AGGRAVATED CRUELTY TO ANIMALS Agriculture and Markets Law § 353-a Committed on or after November 1, 1999. 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
9300244f259ec67212517e35f59b6925ec62485945a75c81a24f8419c444111d
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