[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 724 Enrolled Bill (ENR)]
H.R.724
One Hundred Sixteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and nineteen
An Act
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.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, and the amendments made by 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 House Budget Committee, provided that such statement has been
submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.