NY S05409

Expands the definition of aggravated cruelty to animals to include anyone who commits animal cruelty under Section 353 and has a prior conviction under that section within the past 10 years

Establishes a tiered felony classification system for aggravated cruelty convictions: Class E felony for first offense, Class D felony if the defendant has a prior animal cruelty conviction, and Class C felony if the defendant has a prior aggravated cruelty conviction

Replaces the previous sentencing structure that limited imprisonment to a definite sentence not exceeding two years with the standard felony classification system

Applies to offenses against companion animals committed with no justifiable purpose, involving intentional killing, serious physical injury, extreme physical pain, or conduct done in a depraved or sadistic manner