I. Introduction 

Successful investigation and prosecution of animal cruelty cases in New York State present unique challenges for police, peace officers, district attorneys and judges alike. The location of our "anticruelty " laws itself creates substantial confusion. Cruelty to animals is a crime in New York. But unlike other crimes, it cannot be found in the Penal Law. Instead, the cruelty provisions, along with other sections of law governing treatment of animals, are grouped together in Article 26 of th e Agriculture and Markets law, an unfamiliar area in the everyday work of most law enforcement officials.

 Further complicating the matter, the police are not the only ones with authority to investigate animal cruelty complaints. Police‑both local and state‑have the power, as well as the obligation, to pursue all alleged crimes that coma to their attention, including those involving cruelty to animals (see CPL sec 15020; Agriculture and Markets Law sec. 371).

 Peace officers employed by county societies for the prevention of cruelty to animals (SPCAs) are also empowered to investigate, apply for and execute search and arrest warrants and to participate in prosecutions of alleged animal abusers. This dual authority can create uncertainty as to who should be dealing with animal abuse complaints in a particular jurisdiction. At times, local practices may fall out of sync with the dictates of the law.

 In addition to existing laws that prohibit animal cruelty, a new law took effect in New York on November 1, 1999. This provision makes cases of severe cruelty to companion animals a felony offense. This latest legislative development‑ability to prosecute serious, intentional abuse as a serious crime with heightened criminal sanctions‑makes it that much more crucial for law enforcement personnel to be fully versed in all facets of animal cruelty law.

 And, there is another reason that our criminal justice system sees the need to take animal cruelty more seriously‑the connection between animal abuse and violence toward other vulnerable victims, particularly women and children, is now firmly established.' Indeed, most serial killers have a history of abusing or torturing animals, often before moving on to human victims.