[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3880 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3880

    To provide the Department of Justice the necessary authority to 
    apprehend, prosecute, and convict individuals committing animal 
                           enterprise terror.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2006

 Mr. Inhofe (for himself, Mrs. Feinstein, Mr. Thune, and Mr. Isakson) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide the Department of Justice the necessary authority to 
    apprehend, prosecute, and convict individuals committing animal 
                           enterprise terror.

    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 ``Animal Enterprise Terrorism Act''.

SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES AND THREATS 
              OF DEATH AND SERIOUS BODILY INJURY TO ASSOCIATED PERSONS.

    (a) In General.--Section 43 of title 18, United States Code, is 
amended to read as follows:
``Sec. 43. Force, violence, and threats involving animal enterprises
    ``(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 property (including animals or records) used by an 
                animal enterprise, or any 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 (a) or 
an attempt or conspiracy to violate subsection (a) shall be--
            ``(1) for an offense involving exclusively a nonviolent 
        physical obstruction of an animal enterprise or a business 
        having a connection to, or relationship with, an animal 
        enterprise, that may result in loss of profits but does not 
        result in bodily injury or death or property damage or loss--
                    ``(A) not more than $10,000 and the length of 
                imprisonment shall be not more than 6 months, or both, 
                for the first offense; and
                    ``(B) not more than $25,000 and the length of 
                imprisonment shall be not more than 18 months, or both, 
                for a subsequent offense;
            ``(2) a fine under this title or imprisonment not 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;
            ``(3) 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;
            ``(4) 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 causes substantial bodily injury 
                to another individual;
            ``(5) 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
            ``(6) a fine under this title and imprisonment for life or 
        for any term of years, 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 `physical obstruction' means rendering 
        impassable ingress to or egress from an animal enterprise 
        facility, or rendering passage to or from such a facility 
        unreasonably difficult;
            ``(5) 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
            ``(6) 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.''.
    (b) Clerical Amendment.--The item relating to section 43 in the 
table of sections at the beginning of chapter 3 of title 18, United 
States Code, is amended to read as follows:

``43. Force, violence, and threats involving animal enterprises.''.
    (c) Amendments Relating to Substantial Bodily Injury.--
            (1) Section 2118 of title 18, United States Code, is 
        amended by striking ``significant'' each place it appears other 
        than in subsection (e) and inserting ``serious''.
            (2) Section 2118(e) of title 18, United States Code, is 
        amended--
                    (A) by striking ``significant'' the first place it 
                appears and inserting ``serious'';
                    (B) by inserting ``substantial'' before ``risk of 
                death''; and
                    (C) by striking ``significant physical pain'' and 
                inserting ``extreme physical pain''.
            (3) Section 113(b)(1) of title 18, United States Code, is 
        amended to read as follows:
            ``(1) 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; 
                and''.
                                 <all>