§ 353-a. Aggravated cruelty to animals. 1. A person is guilty of\naggravated cruelty to animals when, with no justifiable purpose, he or\nshe intentionally kills or intentionally causes serious physical injury\nto a companion animal with aggravated cruelty. For purposes of this\nsection, "aggravated cruelty" shall mean conduct which: (i) is intended\nto cause extreme physical pain; or (ii) is done or carried out in an\nespecially depraved or sadistic manner.\n 2. Nothing contained in this section shall be construed to prohibit or\ninterfere in any way with anyone lawfully engaged in hunting, trapping,\nor fishing, as provided in article eleven of the environmental\nconservation law, the dispatch of rabid or diseased animals, as provided\nin article twenty-one of the public health law, or the dispatch of\nanimals posing a threat to human safety or other animals, where such\naction is otherwise legally authorized, or any properly conducted\nscientific tests, experiments, or investigations involving the use of\nliving animals, performed or conducted in laboratories or institutions\napproved for such purposes by the commissioner of health pursuant to\nsection three hundred fifty-three of this article.\n 3. Aggravated cruelty to animals is a felony. A defendant convicted of\nthis offense shall be sentenced pursuant to paragraph (b) of subdivision\none of section 55.10 of the penal law provided, however, that any term\nof imprisonment imposed for violation of this section shall be a\ndefinite sentence, which may not exceed two years.\n
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