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18 U.S.C. § 48Animal crushing

submitted 27 years ago by Pub. L. 106-152 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 600 words · no verdicts yet

in plain englishAI-generated · not legal advice

It is a federal crime to purposely crush, burn, or otherwise seriously hurt animals in a way affecting interstate commerce, and to knowingly create, sell, or distribute videos of it if the videos are obscene. Violators can be fined and imprisoned up to 7 years. The law has exceptions for things like veterinary care, hunting, research, and unintentional harm.

(a) Offenses. This subsection lists three crimes. First, it is illegal to purposely engage in "animal crushing" affecting interstate or foreign commerce, or within U.S. maritime and territorial jurisdiction. Second, it is illegal to knowingly create an "animal crush video," if the person intends or has reason to know it will be distributed using interstate or foreign commerce, or if it actually is distributed that way. Third, it is illegal to knowingly sell, market, advertise, exchange, or distribute an animal crush video using interstate or foreign commerce. (b) Extraterritorial Application. This section also reaches conduct outside the United States — creating, selling, marketing, advertising, exchanging, or distributing an animal crush video abroad — if the person intends or has reason to know the video will be brought into the United States or its territories, or if the video actually is brought in. (c) Penalties. Anyone who violates this section can be fined under this title, imprisoned for up to 7 years, or both. (d) Exceptions. This section does not apply to certain conduct, or videos of that conduct: normal and customary veterinary care, farming practices, or other animal management; slaughtering animals for food; hunting, trapping, fishing, legal sporting activities, predator control, or pest control; medical or scientific research; actions necessary to protect a person's life or property; or humanely euthanizing an animal. It also does not apply to distributing an animal crush video in good faith to a law enforcement agency, or to a third party solely to assess whether the video should be reported to law enforcement. It does not apply to unintentional conduct that injures or kills an animal. This section must be enforced consistently with section 3 of the Religious Freedom Restoration Act of 1993. (e) No Preemption. This section does not override or replace any state or local law that protects animals. (f) Definitions. "Animal crushing" means actually crushing, burning, drowning, suffocating, impaling, or otherwise causing serious bodily injury to a living non-human mammal, bird, reptile, or amphibian, done on purpose — this includes conduct that would violate certain other federal assault laws (sections 1365, 2241, or 2242) if done to a person in U.S. maritime or territorial jurisdiction. "Animal crush video" means any photo, film, video, digital recording, or electronic image that depicts animal crushing and that is obscene. "Euthanizing an animal" means humanely destroying an animal in a way that causes rapid unconsciousness and death without pain or distress, or that uses anesthesia to cause a painless loss of consciousness followed by death.
the actual law source: uscode.house.gov ↗public domain
(a)Offenses.—
(1)Crushing.—

It shall be unlawful for any person to purposely engage in animal crushing in or affecting interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.

(2)Creation of animal crush videos.—

It shall be unlawful for any person to knowingly create an animal crush video, if—

(A)

the person intends or has reason to know that the animal crush video will be distributed in, or using a means or facility of, interstate or foreign commerce; or

(B)

the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce.

(3)Distribution of animal crush videos.—

It shall be unlawful for any person to knowingly sell, market, advertise, exchange, or distribute an animal crush video in, or using a means or facility of, interstate or foreign commerce.

(b)Extraterritorial Application.—

This section applies to the knowing sale, marketing, advertising, exchange, distribution, or creation of an animal crush video outside of the United States, if—

(1)

the person engaging in such conduct intends or has reason to know that the animal crush video will be transported into the United States or its territories or possessions; or

(2)

the animal crush video is transported into the United States or its territories or possessions.

(c)Penalties.—

Whoever violates this section shall be fined under this title, imprisoned for not more than 7 years, or both.

(d)Exceptions.—
(1)In general.—

This section does not apply with regard to any conduct, or a visual depiction of that conduct, that is—

(A)

a customary and normal veterinary, agricultural husbandry, or other animal management practice;

(B)

the slaughter of animals for food;

(C)

hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control;

(D)

medical or scientific research;

(E)

necessary to protect the life or property of a person; or

(F)

performed as part of euthanizing an animal.

(2)Good-faith distribution.—

This section does not apply to the good-faith distribution of an animal crush video to—

(A)

a law enforcement agency; or

(B)

a third party for the sole purpose of analysis to determine if referral to a law enforcement agency is appropriate.

(3)Unintentional conduct.—

This section does not apply to unintentional conduct that injures or kills an animal.

(4)Consistency with rfra.—

This section shall be enforced in a manner that is consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb–1).

(e)No Preemption.—

Nothing in this section shall be construed to preempt the law of any State or local subdivision thereof to protect animals.

(f)Definitions.—

In this section—

(1)

the term “animal crushing” means actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury (as defined in section 1365 and including conduct that, if committed against a person and in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242);

(2)

the term “animal crush video” means any photograph, motion-picture film, video or digital recording, or electronic image that—

(A)

depicts animal crushing; and

(B)

is obscene; and

(3)

the term “euthanizing an animal” means the humane destruction of an animal accomplished by a method that—

(A)

produces rapid unconsciousness and subsequent death without evidence of pain or distress; or

(B)

uses anesthesia produced by an agent that causes painless loss of consciousness and subsequent death.

Source credit: (Added Pub. L. 106–152, § 1(a), Dec. 9, 1999, 113 Stat. 1732; amended Pub. L. 111–294, § 3(a), Dec. 9, 2010, 124 Stat. 3178; Pub. L. 116–72, § 2(a), Nov. 25, 2019, 133 Stat. 1151.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-152 · 113 Stat. 1732
  • 2010Amended · Pub. L. 111-294 · 124 Stat. 3178
  • 2019Amended · Pub. L. 116-72 · 133 Stat. 1151

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-152 on 1999-12-09.

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