H.R. 5337 – Animal Torture Prevention Act of 2010

111th CONGRESS

2d Session

H. R. 5337

IN THE HOUSE OF REPRESENTATIVES

May 18, 2010

Mr. Peters introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend section 48 (relating to depiction of extreme animal cruelty) of title 18, United States Code, and for other purposes.

Short title

This Act may be cited as the Animal Torture Prevention Act of 2010.

Findings

The Congress finds the following:

(1)

The Federal Government and the several States have a compelling interest in preventing acts of extreme animal cruelty.

(2)

Each of the several States and the District of Columbia criminalize intentional acts of extreme animal cruelty.

(3)

The clandestine nature of certain acts of extreme animal cruelty allows the perpetrators of such crimes to remain anonymous, thus frustrating the ability of Federal and State authorities to enforce the criminal statutes prohibiting such behavior.

(4)

These criminal acts constitute an integral part of the production of and market for so-called crush videos and other depictions of extreme animal cruelty.

(5)

The creation, advertisement, and sale of crush videos and other depictions of extreme animal cruelty provide an economic incentive for, and are intrinsically related to, the underlying acts of criminal conduct.

Depiction of extreme animal cruelty

(a)

In general

Section 48 of title 18, United States Code, is amended to read as follows:

48.

Depiction of extreme animal cruelty

(a)

Prohibition

Whoever, in or affecting interstate or foreign commerce, knowingly creates, sells, distributes, or offers to sell or distribute a depiction of extreme animal cruelty shall be fined under this title or imprisoned not more than 5 years, or both.

(b)

Definitions

In this section—

(1)

the term depiction of extreme animal cruelty means any visual depiction, including any photograph, motion-picture film, video recording, or electronic image, that—

(A)

depicts actual conduct in which one or more animals is tortured, maimed, mutilated, or subjected to other acts of extreme animal cruelty, if such conduct is committed for the primary purpose of creating the depiction;

(B)

depicts conduct that violates a criminal prohibition of intentional cruelty to animals under Federal law or the law of the State in which the depiction is created, sold, or distributed;

(C)

appeals to the prurient interest; and

(D)

taken as a whole, does not have more than de minimis religious, political, scientific, educational, journalistic, historical, or artistic value;

(2)

the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States; and

(3)

the term animal means any live amphibian, reptile, bird, or mammal, except human beings.

(b)

Clerical amendment

The item relating to section 48 in the table of sections at the beginning of chapter 3 of title 18, United States Code, is amended to read as follows:

48. Depiction of extreme animal cruelty.

Animal Torture Prevention Act of 2010

Legislative Activity

Bill Text