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18 U.S.C. § 43Force, violence, and threats involving animal enterprises

submitted 34 years ago by Pub. L. 102-346 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 900 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes interstate travel or commerce to harm an animal enterprise a federal crime. It also bans threatening the people connected to one. Punishment can reach life in prison, and peaceful protest stays protected.

(a) Offense. This section punishes anyone who travels across state or national lines, or who uses the mail or another tool of interstate or foreign commerce, if two things are both true. First, they do this for the purpose of damaging or interfering with an animal enterprise's operations. Second, in connection with that purpose, they do at least one of these things: (A) intentionally damage or destroy real or personal property — including animals or records — that an animal enterprise uses, or property belonging to a person or business connected to an animal enterprise; (B) intentionally make someone reasonably afraid that they, their immediate family, or their spouse or intimate partner will be killed or seriously hurt, through a pattern of threats, vandalism, property damage, trespassing, harassment, or intimidation; or (C) conspire or attempt to do either of those things. Anyone who does this is punished as described in subsection (b). (b) Penalties. The punishment depends on how much harm the offense causes. (1) A fine, up to one year in prison, or both, if the offense doesn't put anyone in reasonable fear of serious injury or death, and either causes no economic damage or bodily injury, or causes economic damage of $10,000 or less. (2) A fine, up to five years, or both, if there's no bodily injury, and either the economic damage is more than $10,000 but not more than $100,000, or the offense does put someone in reasonable fear of serious injury or death. (3) A fine, up to ten years, or both, if the economic damage is more than $100,000, or if the offense causes substantial bodily injury to someone. (4) A fine, up to twenty years, or both, if the offense causes serious bodily injury, or if the economic damage is more than $1,000,000. (5) Life in prison, any number of years in prison, a fine, or both, if the offense causes someone's death. (c) Restitution. If a court orders restitution under section 3663 or 3663A of this title for a violation of this section, that restitution can also cover: (1) the reasonable cost of repeating an experiment that the offense interrupted or ruined; (2) lost food production or farm income that the offense reasonably caused; and (3) any other economic damage caused by the offense, including losses from economic disruption. (d) Definitions. This subsection defines five terms used in the section. (1) "Animal enterprise" means: (A) a business or academic enterprise that uses or sells animals or animal products for profit, food, fiber, agriculture, education, research, or testing; (B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, rodeo, or other lawful competitive animal event; or (C) a fair or similar event meant to promote agriculture. (2) "Course of conduct" means a pattern of two or more acts that show a continuing purpose. (3) "Economic damage" (A) means the cost of replacing lost or damaged property or records, the cost of repeating an interrupted or ruined experiment, lost profits, or increased costs — including costs caused by threats, vandalism, property damage, trespassing, harassment, or intimidation aimed at someone because of their connection to an animal enterprise. (B) But it does not include lawful economic disruption — including a lawful boycott — that results from a lawful public, government, or business reaction to information becoming known about an animal enterprise. (4) "Serious bodily injury" means: (A) an injury that risks death; (B) extreme physical pain; (C) lasting, obvious disfigurement; or (D) a lasting loss or impairment of a body part, organ, or mental function. (5) "Substantial bodily injury" means: (A) deep cuts, serious burns, or abrasions; (B) short-term or non-obvious disfigurement; (C) broken or dislocated bones, or torn body parts; (D) significant physical pain; (E) illness; (F) a short-term loss or impairment of a body part, organ, or mental function; or (G) any other significant bodily injury. (e) Rules of Construction. Nothing in this section should be read to: (1) ban expressive conduct — including peaceful picketing or other peaceful demonstrations — that the First Amendment protects from legal punishment; (2) create new legal remedies for interference with activities protected by the First Amendment's free speech or free exercise clauses, no matter what viewpoint is expressed, or to limit any remedies that already exist for that kind of interference; or (3) make this section's criminal penalties or civil remedies the only ones available for the conduct it bans, or to override state or local laws that offer their own penalties or remedies for the same conduct.
the actual law source: uscode.house.gov ↗public domain
(a)Offense.—

Whoever travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility of interstate or foreign commerce—

(1)

for the purpose of damaging or interfering with the operations of an animal enterprise; and

(2)

in connection with such purpose—

(A)

intentionally damages or causes the loss of any real or personal property (including animals or records) used by an animal enterprise, or any real or personal property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise;

(B)

intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the immediate family (as defined in section 115) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation; or

(C)

conspires or attempts to do so;

shall be punished as provided for in subsection (b).

(b)Penalties.—

The punishment for a violation of section 1 (a) or an attempt or conspiracy to violate subsection (a) shall be—

(1)

a fine under this title or imprisonment not 2 more than 1 year, or both, if the offense does not instill in another the reasonable fear of serious bodily injury or death and—

(A)

the offense results in no economic damage or bodily injury; or

(B)

the offense results in economic damage that does not exceed $10,000;

(2)

a fine under this title or imprisonment for not more than 5 years, or both, if no bodily injury occurs and—

(A)

the offense results in economic damage exceeding $10,000 but not exceeding $100,000; or

(B)

the offense instills in another the reasonable fear of serious bodily injury or death;

(3)

a fine under this title or imprisonment for not more than 10 years, or both, if—

(A)

the offense results in economic damage exceeding $100,000; or

(B)

the offense results in substantial bodily injury to another individual;

(4)

a fine under this title or imprisonment for not more than 20 years, or both, if—

(A)

the offense results in serious bodily injury to another individual; or

(B)

the offense results in economic damage exceeding $1,000,000; and

(5)

imprisonment for life or for any terms of years, a fine under this title, or both, if the offense results in death of another individual.

(c)Restitution.—

An order of restitution under section 3663 or 3663A of this title with respect to a violation of this section may also include restitution—

(1)

for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense;

(2)

for the loss of food production or farm income reasonably attributable to the offense; and

(3)

for any other economic damage, including any losses or costs caused by economic disruption, resulting from the offense.

(d)Definitions.—

As used in this section—

(1)

the term “animal enterprise” means—

(A)

a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing;

(B)

a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or

(C)

any fair or similar event intended to advance agricultural arts and sciences;

(2)

the term “course of conduct” means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose;

(3)

the term “economic damage”—

(A)

means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity on account of that person’s or entity’s connection to, relationship with, or transactions with the animal enterprise; but

(B)

does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise;

(4)

the term “serious bodily injury” means—

(A)

injury posing a substantial risk of death;

(B)

extreme physical pain;

(C)

protracted and obvious disfigurement; or

(D)

protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and

(5)

the term “substantial bodily injury” means—

(A)

deep cuts and serious burns or abrasions;

(B)

short-term or nonobvious disfigurement;

(C)

fractured or dislocated bones, or torn members of the body;

(D)

significant physical pain;

(E)

illness;

(F)

short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or

(G)

any other significant injury to the body.

(e)Rules of Construction.—

Nothing in this section shall be construed—

(1)

to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;

(2)

to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; or

(3)

to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this action, or to preempt State or local laws that may provide such penalties or remedies.

Source credit: (Added Pub. L. 102–346, § 2(a), Aug. 26, 1992, 106 Stat. 928; amended Pub. L. 104–294, title VI, § 601(r)(3), Oct. 11, 1996, 110 Stat. 3502; Pub. L. 107–188, title III, § 336, June 12, 2002, 116 Stat. 681; Pub. L. 109–374, § 2(a), Nov. 27, 2006, 120 Stat. 2652.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-346 · 106 Stat. 928
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3502
  • 2002Amended · Pub. L. 107-188 · 116 Stat. 681
  • 2006Amended · Pub. L. 109-374 · 120 Stat. 2652

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-346 on 1992-08-26.

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