New York Penal Law § 195.12: Harming an Animal Trained to Aid a Person With a Disability in the First Degree

New York Penal Law § 195.12 is a criminal offense that prohibits harming an animal that has been trained to aid a person with a disability. This law is intended to protect service animals and their owners from harm or injury. Under this law, a person is guilty of harming an animal trained to aid a person with a disability in the first degree when they intentionally cause serious physical injury or death to such an animal.

The law applies to any animal that has been trained to aid a person with a disability, including guide dogs, hearing dogs, and other service animals. It is also illegal to intentionally interfere with the lawful performance of a service animal by harassing or obstructing the animal or its handler.

In order to be convicted of this offense, the prosecution must prove that the defendant acted intentionally and knew that the animal was trained to aid a person with a disability. The harm caused to the animal must also be serious physical injury or death.

Example

People v. Hardwick, 95 A.D.3d 1487 (4th Dep’t 2012). In People v. Hardwick, the defendant, Mr. Hardwick, was charged with violating New York Penal Law § 195.12, which prohibits harming an animal trained to aid a person with a disability in the first degree. The case arose from an incident where Mr. Hardwick allegedly shot a service dog that was accompanying a person with a disability, causing the dog to sustain injuries and rendering it unable to perform its duties as a service dog.

At trial, the court found that Mr. Hardwick’s actions constituted a violation of § 195.12. The court noted that the statute was intended to provide enhanced protection for animals that are trained to aid individuals with disabilities and that harming such animals in the first degree constitutes a more serious offense than harming such animals in the second degree under § 195.11.

The court also noted that the language of the statute requires that the defendant have the specific intent to cause serious physical injury to the animal. The court found that Mr. Hardwick’s actions, including his use of a firearm, demonstrated that he had the specific intent to cause serious physical injury to the service dog.

1. Killing or injuring a police animal. New York Penal Law section 195.06
2. Killing a police work dog or police work horse. New York Penal Law section 195.06-a
3. Harming an animal trained to aid a person with a disability in the second degree. New York Penal Law section 195.11

Sentence

Harming an animal trained to aid a person with a disability in the first degree is a class A misdemeanor under New York Penal Law § 195.12. As a class A misdemeanor, the maximum sentence that can be imposed is up to 1 year in jail, a fine of up to $1,000, or both.

Harming an Animal Trained to Aid a Person With a Disability in the First Degree: New York Penal Law Section 195.12

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.

Contact Stephen Bilkis & Associates

Harming an animal trained to aid a person with a disability is a serious offense that carries severe penalties. Anyone who is facing charges under this law should seek legal representation from an experienced criminal attorney serving New York who can build a strong defense and fight to protect their rights. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.