[116th Congress Public Law 72]
[From the U.S. Government Publishing Office]



[[Page 133 STAT. 1151]]

Public Law 116-72
116th Congress

                                 An Act


 
  To revise section 48 of title 18, United States Code, and for other 
            purposes. <<NOTE: Nov. 25, 2019 -  [H.R. 724]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Preventing 
Animal Cruelty and Torture Act.>> 
SECTION 1. <<NOTE: 18 USC 1 note.>>  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.--

[[Page 133 STAT. 1152]]

            ``(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, <<NOTE: 18 USC 41 prec.>> 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-

[[Page 133 STAT. 1153]]

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.

    Approved November 25, 2019.

LEGISLATIVE HISTORY--H.R. 724:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 165 (2019):
            Oct. 22, considered and passed House.
            Nov. 5, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
            Nov. 25, Presidential remarks.

                                  <all>