18 U.S.C. § 48 Animal Crushing

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 18 U.S.C. § 48

(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 ).