[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5566 Referred in Senate (RFS)]
111th CONGRESS
2d Session
H. R. 5566
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2010
Received
August 5, 2010
Read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
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 ``Prevention of Interstate Commerce in
Animal Crush Videos Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Federal Government and the several States have a
compelling interest in preventing animal cruelty.
(2) Each of the several States and the District of Columbia
criminalize intentional acts of animal cruelty.
(3) The clandestine nature of certain acts of 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 animal cruelty.
(5) The creation and sale of crush videos provide an
economic incentive for, and are intrinsically related to, the
underlying acts of the criminal conduct.
(6) The United States has a long history of prohibiting the
interstate sale of obscene and illegal materials.
(7) Animal crush videos appeal to the prurient interest and
are obscene.
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) Prohibition.--Whoever knowingly and for the purpose of
commercial advantage or private financial gain sells or offers to sell,
or distributes or offers to distribute, an animal crush video in
interstate or foreign commerce shall be fined under this title or
imprisoned not more than 5 years, or both.
``(b) Rule of Construction.--Subsection (a) does not prohibit the
sale, distribution, or offer for sale or distribution, of any visual
depiction of--
``(1) customary and normal veterinary or agricultural
husbandry practices; or
``(2) hunting, trapping, or fishing.
``(c) Definition.--In this section the term `animal crush video'
means any obscene photograph, motion-picture film, video recording, or
electronic image that depicts actual conduct in which one or more
living animals is intentionally crushed, burned, drowned, suffocated,
or impaled in a manner that would violate a criminal prohibition on
cruelty to animals under Federal law or the law of the State in which
the depiction is created, sold, distributed, or offered for sale or
distribution.''.
(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. Animal crush videos.''.
SEC. 4. BUDGETARY EFFECTS PROVISION.
The budgetary effects of this Act, for the purpose 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, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
Passed the House of Representatives July 21, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.