[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 2652

Public Law 109-374
109th Congress

An Act


 
To provide the Department of Justice the necessary authority to
apprehend, prosecute, and convict individuals committing animal
enterprise terror.  NOTE: Nov. 27, 2006 -  [S. 3880]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Animal
Enterprise Terrorism Act.

SECTION 1.  NOTE: 18 USC 1 note.  SHORT TITLE.

This Act may be cited as the ``Animal Enterprise Terrorism Act''.

SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES AND THREATS
OF DEATH AND SERIOUS BODILY INJURY TO ASSOCIATED PERSONS.

(a) In General.--Section 43 of title 18, United States Code, is
amended to read as follows:

``Sec. 43. Force, violence, and threats involving animal enterprises

``(a) Offense.--Whoever travels in interstate or foreign commerce,
or uses or causes to be used the mail or any facility of interstate or
foreign commerce--
``(1) for the purpose of damaging or interfering with the
operations of an animal enterprise; and
``(2) in connection with such purpose--
``(A) intentionally damages or causes the loss of
any real or personal property (including animals or
records) used by an animal enterprise, or any real or
personal property of a person or entity having a
connection to, relationship with, or transactions with
an animal enterprise;
``(B) intentionally places a person in reasonable
fear of the death of, or serious bodily injury to that
person, a member of the immediate family (as defined in
section 115) of that person, or a spouse or intimate
partner of that person by a course of conduct involving
threats, acts of vandalism, property damage, criminal
trespass, harassment, or intimidation; or
``(C) conspires or attempts to do so;
shall be punished as provided for in subsection (b).

``(b) Penalties.--The punishment for a violation of section (a) or
an attempt or conspiracy to violate subsection (a) shall be--
``(1) a fine under this title or imprisonment not more than
1 year, or both, if the offense does not instill in another the
reasonable fear of serious bodily injury or death and--

[[Page 2653]]
120 STAT. 2653

``(A) the offense results in no economic damage or
bodily injury; or
``(B) the offense results in economic damage that
does not exceed $10,000;
``(2) a fine under this title or imprisonment for not more
than 5 years, or both, if no bodily injury occurs and--
``(A) the offense results in economic damage
exceeding $10,000 but not exceeding $100,000; or
``(B) the offense instills in another the reasonable
fear of serious bodily injury or death;
``(3) a fine under this title or imprisonment for not more
than 10 years, or both, if--
``(A) the offense results in economic damage
exceeding $100,000; or
``(B) the offense results in substantial bodily
injury to another individual;
``(4) a fine under this title or imprisonment for not more
than 20 years, or both, if--
``(A) the offense results in serious bodily injury
to another individual; or
``(B) the offense results in economic damage
exceeding $1,000,000; and
``(5) imprisonment for life or for any terms of years, a
fine under this title, or both, if the offense results in death
of another individual.

``(c) Restitution.--An order of restitution under section 3663 or
3663A of this title with respect to a violation of this section may also
include restitution--
``(1) for the reasonable cost of repeating any
experimentation that was interrupted or invalidated as a result
of the offense;
``(2) for the loss of food production or farm income
reasonably attributable to the offense; and
``(3) for any other economic damage, including any losses or
costs caused by economic disruption, resulting from the offense.

``(d) Definitions.--As used in this section--
``(1) the term `animal enterprise' means--
``(A) a commercial or academic enterprise that uses
or sells animals or animal products for profit, food or
fiber production, agriculture, education, research, or
testing;
``(B) a zoo, aquarium, animal shelter, pet store,
breeder, furrier, circus, or rodeo, or other lawful
competitive animal event; or
``(C) any fair or similar event intended to advance
agricultural arts and sciences;
``(2) the term `course of conduct' means a pattern of
conduct composed of 2 or more acts, evidencing a continuity of
purpose;
``(3) the term `economic damage'--
``(A) means the replacement costs of lost or damaged
property or records, the costs of repeating an
interrupted or invalidated experiment, the loss of
profits, or increased costs, including losses and
increased costs resulting from threats, acts or
vandalism, property damage, trespass, harassment, or
intimidation taken against a person or entity on account
of that person's or entity's connection

[[Page 2654]]
120 STAT. 2654

to, relationship with, or transactions with the animal
enterprise; but
``(B) does not include any lawful economic
disruption (including a lawful boycott) that results
from lawful public, governmental, or business reaction
to the disclosure of information about an animal
enterprise;
``(4) the term `serious bodily injury' means--
``(A) injury posing a substantial risk of death;
``(B) extreme physical pain;
``(C) protracted and obvious disfigurement; or
``(D) protracted loss or impairment of the function
of a bodily member, organ, or mental faculty; and
``(5) the term `substantial bodily injury' means--
``(A) deep cuts and serious burns or abrasions;
``(B) short-term or nonobvious disfigurement;
``(C) fractured or dislocated bones, or torn members
of the body;
``(D) significant physical pain;
``(E) illness;
``(F) short-term loss or impairment of the function
of a bodily member, organ, or mental faculty; or
``(G) any other significant injury to the body.

``(e) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the First Amendment to the Constitution;
``(2) to create new remedies for interference with
activities protected by the free speech or free exercise clauses
of the First Amendment to the Constitution, regardless of the
point of view expressed, or to limit any existing legal remedies
for such interference; or
``(3) to provide exclusive criminal penalties or civil
remedies with respect to the conduct prohibited by this action,
or to preempt State or local laws that may provide such
penalties or remedies.''.

[[Page 2655]]
120 STAT. 2655

(b) Clerical Amendment.--The item relating to section 43 in the
table of sections at the beginning of chapter 3 of title 18, United
States Code, is amended to read as follows:

``43. Force, violence, and threats involving animal enterprises.''.

Approved November 27, 2006.

LEGISLATIVE HISTORY--S. 3880:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 29, considered and passed Senate.
Nov. 13, considered and passed House.