What is Harming a service animal or police animal?

Harming a service animal refers to intentionally injuring or killing a service animal.    For example, intentionally kicking a service animal would likely be considered an offense, particularly if the animal suffers serious harm

What law defines Harming a service animal or police animal in New York?

Under New York State law, Article 242 of the Penal Code defines harming a service animal or police animal  and related offenses. Section 242.15 defines harming a service animal or police animal in the first degree, a class E felony, as a person with a prior conviction of harming a service animal within the prior five years again intentionally harming a service animal.

Harming A Service Animal in the First Degree

Taking a closer look at Section 242.15 details the elements of the defined crime that must be proven in order for prosecutors to secure a conviction against a defendant. Let’s consider the letter of the law, its precise language, and what it means.

Section 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.

• The first element essentially refers back to the statute defining harming a service animal in the second degree and adding the further requirement that the defendant has a previous conviction within the preceding five years of harming a service animal.

Specifically, the language used in the second-degree offense provision requires that an individual intentionally cause injury or death to a service animal.

• Raising the offense from a second-degree crime to a first-degree charge further requires that the person have a prior conviction of intentionally hurting a service animal during the five years prior to the current charges. This element effectively ensures more serious consequences for a repeat offender.

Definition of  service animal and disability under NY Penal Code

Note that, under Section 242.00 of the New York Penal Code defines “service animal” as an animal that accompanies a person with a disability. Further, the animal must have been trained by a qualified individual to provide assistance to people with disabilities.

In addition, Section 292 of the New York State Executive Law defines “disability” as an impairment of a physical, mental or medical nature caused by an anatomical, physiological, genetic or neurological condition that prevents normal bodily function or is evidenced by medically accepted diagnostic methods, record of such impairment, or a condition regarded by others as an impairment.

Harming a Service Animal in the Second Degree

Section 242.10 defines harming a service animal or police animal in the second degree, a class A misdemeanor, as intentionally causing injury or death to a service animal.

Taking a closer look at Section 242.10 details the elements of the defined crime that must be proven in order for prosecutors to secure a conviction. Let’s review the text of the law, its exact language, and precise meaning.

Section 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.

• The first element requires the intent to harm a service animal. As such, accidentally injuring a service animal may not meet the threshold for this charge. In addition, the second element requires that the defendant’s actions caused injury to, or the death of, the service animal.

Harming an Animal Trained to Aid a Person with a Disability in the First Degree

Section 195.12  defines harming an animal trained to aid a person with a disability in the first degree, a class A misdemeanor, as intentionally harming an animal trained to help a person with a disability, while the animal is aiding the person with a disability, and the resulting harm leads to the animal’s permanent inability to provide help to any person with a disability further.

The provision also includes the offense of intentionally causing the death of a service animal while it is aiding a person with a disability.

What is “disability” under Section 292?

Recall from above that Section 292 of the New York State Executive Law defines “disability” as an impairment of a physical, mental or medical nature caused by an anatomical, physiological, genetic or neurological condition.

The condition must prevent normal bodily function or be evidenced by medically accepted diagnostic testing, recorded as an impairment, or be a condition regarded by others as an impairment.

Taking a closer look at Section 195.12  details the elements of the offense that prosecutors must establish in order for prosecutors to secure a conviction. Let’s consider the law’s language and its meaning.

Section 195.12 Harming an animal trained to aid a person with a disability in the first degree

A person is guilty of harming an animal trained to aid a person with a disability in the first degree when such person:

1. intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal permanently incapable of providing such aid to such person, or to another person with a disability; or
2.  intentionally kills such animal while it is in the performance of aiding a person with a disability.

Harming an animal trained to aid a person with a disability in the first degree is a class A misdemeanor.

• The first element of the above statute requires that the defendant’s actions must be intended to harm the animal. If the defendant did not intend to hurt the animal, the prosecution might not be able to prove this element.

In addition, the defendant’s intended harm to the animal must cause the animal to become

permanently unable to act as a service animal for any disabled person.

The second instance requires that the defendant’s actions are intended to kill the animal and do so while the animal is acting to aid a person with a disability.

Harming an Animal Trained to Aid a Person with a Disability in the Second Degree

Section 195.11  defines harming an animal trained to aid a person with a disability in the second degree, a class B misdemeanor, as intentionally hurting a service animal trained to help a person with a disability, while the animal is on duty, and consequently causes the animal to become unable to aid any person with a disability.

Taking a closer look at Section 195.11 details the elements of the defined crime that prosecutors must establish for prosecutors to secure the conviction of the defendant.  Let’s consider the text of the law, its precise language, and what it means.

Section 195.11 Harming an animal trained to aid a person with a disability in the second degree

A person is guilty of harming an animal trained to aid a person with a disability in the second degree when such person intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal incapable of providing such aid to such person, or to another person with a disability.

For purposes of this section and section 195.12 of this article, the term “disability” means “disability” as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.

Harming an animal trained to aid a person with a disability in the second degree is a class B misdemeanor.

• The first element requires that the defendant act with the specific intent to harm the animal. Accidentally hurting the animal may not be an offense under this provision. In addition, the harm must be caused while the animal is in the course of performing its duty, helping a person with a disability.

If the harm is done while the animal is not aiding an individual, it may not fall precisely into this provision, but could well still result in negative consequences. Further, the defendant’s harm to the animal must render the animal unable to provide assistance to any person with a disability going forward.

If the animal is able to recover and serve individuals again, the defendant’s conduct may not meet the requirements of this provision.

Interference, Harassment, or Intimidation of a Service Animal 

Section 242.05  defines interference, harassment or intimidation of a service animal, a class B misdemeanor, as intentionally renders it impractical, dangerous or impossible for the service animal to carry out its duty to help a person with a disability.

Taking a closer look at Section 242.05 details the elements of the defined crime that must be proven in order for prosecutors to secure a conviction. Let’s consider the letter of the law, its exact language, and what it means.

Section 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 the 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.

• The first element requires that the defendant act with the intent to interfere with a service animal’s ability to perform its responsibilities to aid a person with a disability. The second element requires that the defendant’s actions lead to the animal’s further ability to help a person with disability becoming impractical, dangerous, or impossible.

Both the intent and the consequential harm to the animal are required under this provision.

Killing or Injuring a Police Animal

Section 195.06 defines harming a trained police animal in the first degree, a class A misdemeanor, as intentionally killing or hurting a police animal, while the animal is acting in its capacity as a police animal and is under the supervision of an officer.

Taking a closer look at Section 195.06 details the elements of the offense that prosecutors must prove to secure a conviction against the defendant. Let’s consider the letter of the law, its precise language, and what it means.

Section 195.06 Killing or injuring a police animal.

A person is guilty of killing or injuring a police animal when such person intentionally kills or injures any animal while such animal is in the performance of its duties and under the supervision of a police or peace officer.

Killing or injuring a police animal is a class A misdemeanor.

• The first element requires that the defendant intentionally kill or hurt the service animal, while that animal is acting in its capacity as a police animal and is under the leadership of a police officer or a peace officer. Note that both the intent and the death or harm to the animal are required to satisfy the provision.

What are some related crimes?

The offenses discussed here are categorized by severity. Felony and misdemeanor charges each carry their own sentences. New York’s statutes detail these sentences, which may range from no time in prison to life sentences. When considering sentencing ranges, keep in mind that many factors may be considered, such as prior convictions, persistent offender status, and youthful offender status.

A Class A misdemeanor is defined under the law as an offense other than a traffic violation and carries a sentence of no prison time or a prison term-limited to 15 days to one full year. A Class B misdemeanor carries a sentence limited to no more than three months in prison and a maximum of $500 in fines.

The sentence for a Class D non-violent felony can range from no prison time to probation, or from one to seven years in prison. A Class E violent or non-violent felony carries a sentence that may include a maximum limit of four years in prison.

Killing a Police Work Dog or Police WorkHorse

Section 195.06-a lays out the legal definition, and elements required for conviction, of killing a police work dog or police workhorse. Let’s take a closer look at the requirements for this offense below.

Section 195.06-a Killing a police work dog or police workhorse.

A person is guilty of killing a police work dog or police workhorse when such person,

intentionally kills a police work dog or police workhorse while such dog or horse is in the performance of its duties, and under the supervision of a police officer.

For purposes of this section, “police work dog” or “police workhorse,” as the case may be, shall mean any dog or horse owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.

Killing a police work dog or police workhorse is a class E felony.

• The first element requires that the defendant intentionally kill a police work dog or workhorse, while that dog or horse is carrying out its responsibilities and is under the supervision of an officer.

Note that the provision also defines “police work dog” and “police workhorse” as any dog or horse kept by any government or law enforcement body that is trained to help officers and is used to provide such help.

What are the statutory penalties if you are convicted of this crime? 

Keep in mind that each of the above offenses is classified by their severity and sentencing varies accordingly. Felonies are generally more serious than misdemeanors, and a Class A charge is typically more serious than a Class B charge. New York’s sentencing statutes spell out the possible sentence for each category, which ranges from no prison time to life sentences.

When judges set sentences for a defendant, certain factors may be considered, including prior convictions, persistent offender status, and youthful offender status. A Class A misdemeanor is an offense other than a traffic violation, that carries a sentence of a prison term anywhere from 15 days to one year. The sentence for a Class D non-violent felony can range from no prison time, probation, or a prison term of one to seven years.

A Class E violent or non-violent felony carries a sentence that varies between no prison time to a four-year prison term. Sentencing for a Class B misdemeanor can be no more than three months in prison and $500 in fines.

What are some of the additional consequences of being convicted? 

Keep in mind that, regardless of the sentence imposed by a court, a conviction may carry additional consequences beyond those imposed by the court. Consider that professional consequences can include loss of your job or professional license, a lowered reputation, and financial issues.

A conviction may also make finding a job or housing more problematic, and require a fight in court that may be costly, both personally and financially. Convictions may appear in routine background checks for things as common as opening a bank account or credit card. It’s critical to take all possible action to avoid a conviction to protect your future options, as well as your family’s.

Be sure to keep in mind that harming an animal may trigger especially negative connotations for family, friends, or colleagues. There tends to be a particularly strong societal reaction to harm brought to animals. Accordingly, seeking out assistance in warding off this type of charge or conviction is paramount.

What are some defenses to Harming a service animal or police animal in New York? 

There are powerful tools you and your attorney can use to fight charges in court. An affirmative defense is spelled out in the crime statute.  To successfully win with an affirmative defense, the defendant has the burden to prove that the defense is available to them, by a preponderance of the evidence.

When non-affirmative defenses that are raised, the burden is on the prosecution to prove beyond a reasonable doubt that the defense does not apply to the defendant. Non-affirmative defenses are offered, the prosecution has the burden to prove that the defendant does not have the defense available to them, beyond a reasonable doubt.

• Defenses that may be available to charges of fleeing a police officer include justification, which is essentially a claim that fleeing was necessary because an emergency situation developed such that the defendant’s fleeing was justified prevent immediate public or private injury, which emergency developed by no fault of the defendant.

The justification defense reflects the recognition that there are times when circumstances emerge to create a situation in which a defendant may not realistically have full control over their options.

• Infancy may be another available defense. This defense is available to those under 18 years of age as a means to potentially shield them from criminal liability. This defense depends heavily on the circumstances of the case and specific facts as minors are not automatically relieved of responsibility for their actions.

This defense reflects the general policy concept that minors may lack the understanding to appreciate how their actions are wrong, or illegal. It also considers that courts may take a different approach to minors so as to minimize damage to their future options if the crime is sufficiently minor.

• Duress may be an effective defense as well. The presence of duress may remove responsibility for the commission of a crime as the defendant’s actions may not truly be their own.

How to mount an effective defense? 

In terms of mounting an effective defense, note that each of these statutes requires intent. Proving intent can be difficult as it can be seen as trying to “read minds.” While the  intent may be explicitly stated or otherwise determined, it can be quite elusive to establish without an explicit statement of intent by the defendant.

This may be a defense angle worth raising with your attorney and exploring how you can prevent prosecutors from proving the intent requirement. An experienced and effective criminal defense attorney should be able to work with you on establishing any doubt regarding the intent behind actions that affect the involved service animal.

Help is Available 

If you are faced with any of the charges or circumstances discussed above, it’s critical to secure an experienced and effective attorney to advocate on your behalf. A seasoned lawyer can help prepare you for questioning, negotiating, and crafting strategy, as well as for any public relations plans.

Minimizing, or even removing, any charges or sentencing is possible and well worth the call. A good lawyer can help you secure the best possible outcome for you and get you past a difficult chapter and well on your way to better times.