[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5566 Enrolled Bill (ENR)]
H.R.5566
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To amend title 18, United States Code, to prohibit interstate commerce
in animal crush videos, 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 ``Animal Crush Video Prohibition Act
of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States has a long history of prohibiting the
interstate sale, marketing, advertising, exchange, and distribution
of obscene material and speech that is integral to criminal
conduct.
(2) The Federal Government and the States have a compelling
interest in preventing intentional acts of extreme animal cruelty.
(3) Each of the several States and the District of Columbia
criminalize intentional acts of extreme animal cruelty, such as the
intentional crushing, burning, drowning, suffocating, or impaling
of animals for no socially redeeming purpose.
(4) There are certain extreme acts of animal cruelty that
appeal to a specific sexual fetish. These acts of extreme animal
cruelty are videotaped, and the resulting video tapes are commonly
referred to as ``animal crush videos''.
(5) The Supreme Court of the United States has long held that
obscenity is an exception to speech protected under the First
Amendment to the Constitution of the United States.
(6) In the judgment of Congress, many animal crush videos are
obscene in the sense that the depictions, taken as a whole--
(A) appeal to the prurient interest in sex;
(B) are patently offensive; and
(C) lack serious literary, artistic, political, or
scientific value.
(7) Serious criminal acts of extreme animal cruelty are
integral to the creation, sale, distribution, advertising,
marketing, and exchange of animal crush videos.
(8) The creation, sale, distribution, advertising, marketing,
and exchange of animal crush videos is intrinsically related and
integral to creating an incentive for, directly causing, and
perpetuating demand for the serious acts of extreme animal cruelty
the videos depict. The primary reason for those criminal acts is
the creation, sale, distribution, advertising, marketing, and
exchange of the animal crush video image.
(9) The serious acts of extreme animal cruelty necessary to
make animal crush videos are committed in a clandestine manner
that--
(A) allows the perpetrators of such crimes to remain
anonymous;
(B) makes it extraordinarily difficult to establish the
jurisdiction within which the underlying criminal acts of
extreme animal cruelty occurred; and
(C) often precludes proof that the criminal acts occurred
within the statute of limitations.
(10) Each of the difficulties described in paragraph (9)
seriously frustrates and impedes the ability of State authorities
to enforce the criminal statutes prohibiting such behavior.
SEC. 3. ANIMAL CRUSH VIDEOS.
(a) In General.--Section 48 of title 18, United States Code, is
amended to read as follows:
``Sec. 48. Animal crush videos
``(a) Definition.--In this section the term `animal crush video'
means any photograph, motion-picture film, video or digital recording,
or electronic image that--
``(1) depicts actual conduct in which 1 or more living non-
human mammals, birds, reptiles, or amphibians is intentionally
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); and
``(2) is obscene.
``(b) Prohibitions.--
``(1) 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.
``(2) 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.
``(c) Extraterritorial Application.--Subsection (b) shall apply 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.
``(d) Penalty.--Any person who violates subsection (b) shall be
fined under this title, imprisoned for not more than 7 years, or both.
``(e) Exceptions.--
``(1) In general.--This section shall not apply with regard to
any visual depiction of--
``(A) customary and normal veterinary or agricultural
husbandry practices;
``(B) the slaughter of animals for food; or
``(C) hunting, trapping, or fishing.
``(2) Good-faith distribution.--This section shall 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.
``(f) No Preemption.--Nothing in this section shall be construed to
preempt the law of any State or local subdivision thereof to protect
animals.''.
(b) Clerical Amendment.--The item relating to section 48 in the
table of sections for chapter 3 of title 18, United States Code, is
amended to read as follows:
``48. Animal crush videos.''.
(c) Severability.--If any provision of section 48 of title 18,
United States Code (as amended by this section), or the application of
the provision to any person or circumstance, is held to be
unconstitutional, the provision and the application of the provision to
other persons or circumstances shall not be affected thereby.
SEC. 4. PAYGO COMPLIANCE.
The budgetary effects of this Act, for purposes of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on this conference report
or amendments between the Houses.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.