S T A T E O F N E W Y O R K ________________________________________________________________________ 2755 2009-2010 Regular Sessions I N S E N A T E March 2, 2009 ___________ Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the agriculture and markets law and the penal law, in relation to the creation, sale or possession of images of animal cruelty THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The agriculture and markets law is amended by adding eight 2 new sections 353-e, 353-f, 353-g, 353-h, 353-i, 353-j, 353-k and 353-l 3 to read as follows: 4 S 353-E. CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD 5 DEGREE. 1. A PERSON IS GUILTY OF CREATION OF IMAGES DEPICTING ANIMAL 6 CRUELTY IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY CREATES AN IMAGE 7 DEPICTING ANIMAL CRUELTY. 8 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 9 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 10 HISTORICAL, OR ARTISTIC VALUE. 11 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 12 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 13 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 14 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 15 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 16 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 17 4. CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD DEGREE IS 18 A CLASS A MISDEMEANOR. 19 S 353-F. CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND 20 DEGREE. 1. A PERSON IS GUILTY OF CREATION OF IMAGES DEPICTING ANIMAL 21 CRUELTY IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY CREATES AN IMAGE 22 DEPICTING ANIMAL CRUELTY AND INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03534-01-9 S. 2755 2 1 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 2 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 3 HISTORICAL, OR ARTISTIC VALUE. 4 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 5 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 6 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 7 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 8 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 9 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 10 4. CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE IS 11 A CLASS E FELONY. 12 S 353-G. CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST 13 DEGREE. 1. A PERSON IS GUILTY OF CREATION OF IMAGES DEPICTING ANIMAL 14 CRUELTY IN THE FIRST DEGREE WHEN: 15 A. HE OR SHE KNOWINGLY CREATES AN IMAGE DEPICTING ANIMAL CRUELTY AND 16 INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE; AND 17 B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF CREATION OF 18 IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE. 19 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 20 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 21 HISTORICAL, OR ARTISTIC VALUE. 22 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 23 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 24 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 25 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 26 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 27 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 28 4. CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE IS 29 A CLASS D FELONY. 30 S 353-H. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD 31 DEGREE. 1. A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL 32 CRUELTY IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES AN IMAGE 33 DEPICTING ANIMAL CRUELTY. 34 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 35 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 36 HISTORICAL, OR ARTISTIC VALUE. 37 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 38 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 39 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 40 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 41 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 42 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 43 4. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD DEGREE 44 IS A CLASS A MISDEMEANOR. 45 S 353-I. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND 46 DEGREE. 1. A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL 47 CRUELTY IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES AN IMAGE 48 DEPICTING ANIMAL CRUELTY AND INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE. 49 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 50 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 51 HISTORICAL, OR ARTISTIC VALUE. 52 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 53 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 54 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 55 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, S. 2755 3 1 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 2 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 3 4. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE 4 IS A CLASS E FELONY. 5 S 353-J. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST 6 DEGREE. 1. A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL 7 CRUELTY IN THE FIRST DEGREE WHEN: 8 A. HE OR SHE KNOWINGLY POSSESSES AN IMAGE DEPICTING ANIMAL CRUELTY; 9 AND 10 B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF POSSESSION 11 OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE. 12 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 13 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 14 HISTORICAL, OR ARTISTIC VALUE. 15 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 16 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 17 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 18 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 19 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 20 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 21 4. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE 22 IS A CLASS D FELONY. 23 S 353-K. SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE. 24 1. A PERSON IS GUILTY OF SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE 25 SECOND DEGREE WHEN HE OR SHE KNOWINGLY SELLS AN IMAGE DEPICTING ANIMAL 26 CRUELTY TO ANOTHER PERSON OR ENTITY. 27 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 28 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 29 HISTORICAL, OR ARTISTIC VALUE. 30 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 31 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 32 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 33 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 34 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 35 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 36 4. SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE IS A 37 CLASS E FELONY. 38 S 353-L. SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE. 39 1. A PERSON IS GUILTY OF SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE 40 FIRST DEGREE WHEN: 41 A. HE OR SHE KNOWINGLY SELLS AN IMAGE DEPICTING ANIMAL CRUELTY TO 42 ANOTHER PERSON OR ENTITY; AND 43 B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF SALE OF 44 IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE. 45 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 46 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 47 HISTORICAL, OR ARTISTIC VALUE. 48 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 49 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 50 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 51 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 52 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 53 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 54 4. SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE IS A 55 CLASS D FELONY. S. 2755 4 1 S 2. The penal law is amended by adding eight new sections 245.15, 2 245.20, 245.25, 245.30, 245.35, 245.40, 245.45 and 245.50 to read as 3 follows: 4 S 245.15 CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD 5 DEGREE. 6 1. A PERSON IS GUILTY OF CREATION OF IMAGES DEPICTING ANIMAL CRUELTY 7 IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY CREATES AN IMAGE DEPICTING 8 ANIMAL CRUELTY. 9 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 10 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 11 HISTORICAL, OR ARTISTIC VALUE. 12 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 13 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 14 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 15 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 16 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 17 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 18 CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD DEGREE IS A 19 CLASS A MISDEMEANOR. 20 S 245.20 CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND 21 DEGREE. 22 1. A PERSON IS GUILTY OF CREATION OF IMAGES DEPICTING ANIMAL CRUELTY 23 IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY CREATES AN IMAGE DEPICTING 24 ANIMAL CRUELTY AND INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE. 25 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 26 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 27 HISTORICAL, OR ARTISTIC VALUE. 28 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 29 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 30 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 31 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 32 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 33 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 34 CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE IS A 35 CLASS E FELONY. 36 S 245.25 CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST 37 DEGREE. 38 1. A PERSON IS GUILTY OF CREATION OF IMAGES DEPICTING ANIMAL CRUELTY 39 IN THE FIRST DEGREE WHEN: 40 A. HE OR SHE KNOWINGLY CREATES AN IMAGE DEPICTING ANIMAL CRUELTY AND 41 INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE; AND 42 B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF CREATION OF 43 IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE. 44 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 45 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 46 HISTORICAL, OR ARTISTIC VALUE. 47 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 48 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 49 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 50 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 51 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 52 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 53 CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE IS A 54 CLASS D FELONY. 55 S 245.30 POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD 56 DEGREE. S. 2755 5 1 1. A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY 2 IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES AN IMAGE DEPICT- 3 ING ANIMAL CRUELTY. 4 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 5 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 6 HISTORICAL, OR ARTISTIC VALUE. 7 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 8 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 9 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 10 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 11 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 12 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 13 POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD DEGREE IS A 14 CLASS A MISDEMEANOR. 15 S 245.35 POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND 16 DEGREE. 17 1. A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY 18 IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES AN IMAGE DEPICT- 19 ING ANIMAL CRUELTY AND INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE. 20 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 21 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 22 HISTORICAL, OR ARTISTIC VALUE. 23 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 24 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 25 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 26 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 27 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 28 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 29 POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE IS 30 A CLASS E FELONY. 31 S 245.40 POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST 32 DEGREE. 33 1. A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY 34 IN THE FIRST DEGREE WHEN: 35 A. HE OR SHE KNOWINGLY POSSESSES AN IMAGE DEPICTING ANIMAL CRUELTY; 36 AND 37 B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF POSSESSION 38 OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE. 39 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 40 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 41 HISTORICAL, OR ARTISTIC VALUE. 42 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 43 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 44 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 45 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 46 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 47 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 48 POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE IS A 49 CLASS D FELONY. 50 S 245.45 SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE. 51 1. A PERSON IS GUILTY OF SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN 52 THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY SELLS AN IMAGE DEPICTING 53 ANIMAL CRUELTY TO ANOTHER PERSON OR ENTITY. 54 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 55 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 56 HISTORICAL, OR ARTISTIC VALUE. S. 2755 6 1 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 2 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 3 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 4 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 5 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 6 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 7 SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE IS A 8 CLASS E FELONY. 9 S 245.50 SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE. 10 1. A PERSON IS GUILTY OF SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN 11 THE FIRST DEGREE WHEN: 12 A. HE OR SHE KNOWINGLY SELLS AN IMAGE DEPICTING ANIMAL CRUELTY TO 13 ANOTHER PERSON OR ENTITY; AND 14 B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF SALE OF 15 IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE. 16 2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT 17 HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC, 18 HISTORICAL, OR ARTISTIC VALUE. 19 3. FOR PURPOSES OF THIS SECTION, THE TERM "IMAGE DEPICTING ANIMAL 20 CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO- 21 GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND 22 RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED, 23 MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH CONDUCT IS ILLEGAL 24 UNDER FEDERAL LAW OR THE LAWS OF THIS STATE. 25 SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS 26 D FELONY. 27 S 3. This act shall take effect on the one hundred twentieth day after 28 it shall have become a law.