[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 654 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 654
To revise section 48 of title 18, United States Code, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 2017
Mr. Toomey (for himself, Mr. Blumenthal, Mr. Durbin, and Mrs.
Feinstein) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To revise section 48 of title 18, United States Code, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Animal Cruelty and
Torture Act'' or the ``PACT Act''.
SEC. 2. REVISION OF SECTION 48.
(a) In General.--Section 48 of title 18, United States Code, is
amended to read as follows:
``Sec. 48. Animal crushing
``(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.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 18, United States Code, is amended by striking the
item relating to section 48 and inserting the following:
``48. Animal crushing.''.
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