Article 242: Offenses against service animals and handlers

Article 242: Offenses against service animals and handlers

In New York law, Article 242 refers to offenses against service animals and handlers. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.

The complete law is as follows:

Article 242: Offenses against service animals and handlers

242.00 Definitions.
242.05 Interference, harassment or intimidation of a service animal.
242.10 Harming a service animal in the second degree.
242.15 Harming a service animal in the first degree.


NY PENAL LAW § 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.


NY PENAL LAW § 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.


NY PENAL LAW § 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.


NY PENAL LAW § 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.