NYS Penal Law

Penal Law

New York State Consolidated Laws

Article 242 - NY Penal Law

OFFENSES AGAINST SERVICE ANIMALS AND HANDLERS

Section Offense Class
242.00Definitions. 
242.05Interference, harassment or intimidation of a service animal.B MISD
242.10Harming a service animal in the second degree.A MISD
242.15Harming a service animal in the first degree.E FELONY
S 242.00 Definitions.
For purposes of this article:
  1. "Service animal" shall mean any animal that has been partnered with
a  person who has a disability and has been trained or is being trained,
by a qualified person, to aid or guide a person with a disability.
  2. "Disability" shall have the same meaning as provided in section two
hundred ninety-two of the executive law.
  3. "Handler" shall mean a disabled person using a service animal.
  4. "Formal training program" or  "certified  trainer"  shall  mean  an
institution,  group  or  individual  who has documentation and community
recognition as a provider of service animals.

S 242.05 Interference, harassment or intimidation of a service animal.
 A  person is guilty of interference, harassment or intimidation of a
service animal when he or she commits an act with intent to and  which
does make it impractical, dangerous or impossible for a service animal
to perform its assigned responsibilities of assisting a  person  with  a
disability.
  Interference, harassment or intimidation of a service animal is a
  class B misdemeanor.

S 242.10 Harming a service animal in the second degree.
  A  person  is  guilty of harming a service animal in the second degree
when, with the intent to do so, he or she  causes  physical  injury,  or
causes such injury that results in the death, of a service animal.
  Harming a service animal in the second degree is a class A misdemeanor.

S 242.15 Harming a service animal in the first degree.
  A person is guilty of harming a service animal in the first degree
when, he or she commits the crime of harming a  service  animal  in  the
second degree, and has been convicted of harming a service animal in the
first or second degree within the prior five years.
   Harming a service animal in the first degree is a class E felony.

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