IIB 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.

1.

Short title

This Act may be cited as the Prevention of Interstate Commerce in Animal Crush Videos Act of 2010.

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.

3.

Animal crush videos

(a)

In general

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

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..

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.Lorraine C. Miller,Clerk.