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CITE

    7 USC Sec. 2156                                             01/05/2009

EXPCITE

    TITLE 7 - AGRICULTURE
    CHAPTER 54 - TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

HEAD

    Sec. 2156. Animal fighting venture prohibition

STATUTE

    (a) Sponsoring or exhibiting an animal in an animal fighting
      venture
      (1) In general
        Except as provided in paragraph (2), it shall be unlawful for
      any person to knowingly sponsor or exhibit an animal in an animal
      fighting venture.
      (2) Special rule for certain State (!1)
        With respect to fighting ventures involving live birds in a
      State where it would not be in violation of the law, it shall be
      unlawful under this subsection for a person to sponsor or exhibit
      a bird in the fighting venture only if the person knew that any
      bird in the fighting venture was knowingly bought, sold,
      delivered, transported, or received in interstate or foreign
      commerce for the purpose of participation in the fighting
      venture.
    (b) Buying, selling, delivering, possessing, training, or
      transporting animals for participation in animal fighting venture
      It shall be unlawful for any person to knowingly sell, buy,
    possess, train, transport, deliver, or receive any animal for
    purposes of having the animal participate in an animal fighting
    venture.
    (c) Use of Postal Service or other interstate instrumentality for
      promoting or furthering animal fighting venture
      It shall be unlawful for any person to knowingly use the mail
    service of the United States Postal Service or any instrumentality
    of interstate commerce for commercial speech for purposes of
    advertising an animal, or an instrument described in subsection
    (e), for use in an animal fighting venture, promoting (!2) or in
    any other manner furthering an animal fighting venture except as
    performed outside the limits of the States of the United States.
    (d) Violation of State law
      Notwithstanding the provisions of subsection (c) of this section,
    the activities prohibited by such subsection shall be unlawful with
    respect to fighting ventures involving live birds only if the fight
    is to take place in a State where it would be in violation of the
    laws thereof.
    (e) Buying, selling, delivering, or transporting sharp instruments
      for use in animal fighting venture
      It shall be unlawful for any person to knowingly sell, buy,
    transport, or deliver in interstate or foreign commerce a knife, a
    gaff, or any other sharp instrument attached, or designed or
    intended to be attached, to the leg of a bird for use in an animal
    fighting venture.
    (f) Investigation of violations by Secretary; assistance by other
      Federal agencies; issuance of search warrant; forfeiture; costs
      recoverable in forfeiture or civil action
      The Secretary or any other person authorized by him shall make
    such investigations as the Secretary deems necessary to determine
    whether any person has violated or is violating any provision of
    this section, and the Secretary may obtain the assistance of the
    Federal Bureau of Investigation, the Department of the Treasury, or
    other law enforcement agencies of the United States, and State and
    local governmental agencies, in the conduct of such investigations,
    under cooperative agreements with such agencies. A warrant to
    search for and seize any animal which there is probable cause to
    believe was involved in any violation of this section may be issued
    by any judge of the United States or of a State court of record or
    by a United States magistrate judge within the district wherein the
    animal sought is located. Any United States marshal or any person
    authorized under this section to conduct investigations may apply
    for and execute any such warrant, and any animal seized under such
    a warrant shall be held by the United States marshal or other
    authorized person pending disposition thereof by the court in
    accordance with this subsection. Necessary care including
    veterinary treatment shall be provided while the animals are so
    held in custody. Any animal involved in any violation of this
    section shall be liable to be proceeded against and forfeited to
    the United States at any time on complaint filed in any United
    States district court or other court of the United States for any
    jurisdiction in which the animal is found and upon a judgment of
    forfeiture shall be disposed of by sale for lawful purposes or by
    other humane means, as the court may direct. Costs incurred for
    care of animals seized and forfeited under this section shall be
    recoverable from the owner of the animals (1) if he appears in such
    forfeiture proceeding, or (2) in a separate civil action brought in
    the jurisdiction in which the owner is found, resides, or transacts
    business.
    (g) Definitions
      In this section -
        (1) the term "animal fighting venture" means any event, in or
      affecting interstate or foreign commerce, that involves a fight
      conducted or to be conducted between at least 2 animals for
      purposes of sport, wagering, or entertainment, except that the
      term "animal fighting venture" shall not be deemed to include any
      activity the primary purpose of which involves the use of one or
      more animals in hunting another animal;
        (2) the term "instrumentality of interstate commerce" means any
      written, wire, radio, television or other form of communication
      in, or using a facility of, interstate commerce;
        (3) the term "State" means any State of the United States, the
      District of Columbia, the Commonwealth of Puerto Rico, and any
      territory or possession of the United States; (!3)
        (4) the term "animal" means any live bird, or any live mammal,
      except man.
    (h) Relationship to other provisions
      The conduct by any person of any activity prohibited by this
    section shall not render such person subject to the other sections
    of this chapter as a dealer, exhibitor, or otherwise.
    (i) Conflict with State law
      (1) In general
        The provisions of this chapter shall not supersede or otherwise
      invalidate any such State, local, or municipal legislation or
      ordinance relating to animal fighting ventures except in case of
      a direct and irreconcilable conflict between any requirements
      thereunder and this chapter or any rule, regulation, or standard
      hereunder.
      (2) Omitted
    (j) Criminal penalties
      The criminal penalties for violations of subsection (a), (b),
    (c), or (e) are provided in section 49 of title 18.

SOURCE

    (Pub. L. 89-544, Sec. 26, as added Pub. L. 94-279, Sec. 17, Apr.
    22, 1976, 90 Stat. 421; amended Pub. L. 101-650, title III, Sec.
    321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 107-171, title X, Secs.
    10302(a), 10303(a), May 13, 2002, 116 Stat. 491, 492; Pub. L. 110-
    22, Sec. 3, May 3, 2007, 121 Stat. 88; Pub. L. 110-234, title XIV,
    Sec. 14207(a), May 22, 2008, 122 Stat. 1461; Pub. L. 110-246, Sec.
    4(a), title XIV, Sec. 14207(a), June 18, 2008, 122 Stat. 1664,
    2223.)

CODIFICATION

      Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
    this section. The amendments by Pub. L. 110-234 were repealed by
    section 4(a) of Pub. L. 110-246.
      Section is comprised of section 26 of Pub. L. 89-544, as added by
    Pub. L. 94-279. Subsec. (i)(2) of section 26 of Pub. L. 89-544, as
    added by Pub. L. 94-279, amended section 3001(a) of Title 39,
    Postal Service.

AMENDMENTS

      2008 - Subsec. (a)(1). Pub. L. 110-246, Sec. 14207(a)(1)(A),
    struck out ", if any animal in the venture was moved in interstate
    or foreign commerce" before period at end.
      Subsec. (a)(2). Pub. L. 110-246, Sec. 14207(a)(1)(B), which
    directed amendment of par. (2) by substituting "State" for "state"
    in heading, was executed by making the substitution for "states" in
    heading, to reflect the probable intent of Congress.
      Subsec. (b). Pub. L. 110-246, Sec. 14207(a)(2), inserted heading
    and substituted "possess, train, transport, deliver, or receive any
    animal for purposes of having the animal participate" for
    "transport, deliver, or receive for purposes of transportation, in
    interstate or foreign commerce, any dog or other animal for
    purposes of having the dog or other animal participate".
      Subsec. (c). Pub. L. 110-246, Sec. 14207(a)(3), inserted heading
    and inserted "advertising an animal, or an instrument described in
    subsection (e), for use in an animal fighting venture," after "for
    purposes of".
      Subsec. (d). Pub. L. 110-246, Sec. 14207(a)(4), inserted heading.
      Subsec. (e). Pub. L. 110-246, Sec. 14207(a)(5), inserted heading.
      Subsec. (f). Pub. L. 110-246, Sec. 14207(a)(6), inserted heading
    and, in last sentence, struck out "by the United States" after
    "Costs incurred", inserted "(1)" after "owner of the animals", and
    substituted "proceeding, or (2) in" for "proceeding or in".
      Subsec. (g). Pub. L. 110-246, Sec. 14207(a)(7), inserted subsec.
    heading, in introductory provisions, substituted "In this section"
    for "For purposes of this section", in par. (1), substituted "any
    event, in or affecting interstate or foreign commerce, that
    involves a fight conducted or to be conducted between at least 2
    animals for purposes of sport, wagering, or entertainment," for
    "any event which involves a fight between at least two animals and
    is conducted for purposes of sport, wagering, or entertainment",
    redesignated pars. (3) to (5) as (2) to (4), respectively, in par.
    (4), substituted "mammal" for "dog or other mammal" and period for
    "; and" at end, and struck out former par. (2) which read as
    follows: "the term 'interstate or foreign commerce' means -
        "(A) any movement between any place in a State to any place in
      another State or between places in the same State through another
      State; or
        "(B) any movement from a foreign country into any State or from
      any State into any foreign country;".
      Subsec. (g)(6). Pub. L. 110-246, Sec. 14207(a)(11), redesignated
    subsec. (g)(6) as (h).
      Subsec. (h). Pub. L. 110-246, Sec. 14207(a)(11), redesignated
    subsec. (g)(6) as (h), inserted heading, and substituted "The" for
    "the".
      Pub. L. 110-246, Sec. 14207(a)(8), redesignated subsec. (h) as
    (i).
      Subsec. (i). Pub. L. 110-246, Sec. 14207(a)(8), (9), redesignated
    subsec. (h) as (i) and inserted subsec. and par. (1) headings.
    Former subsec. (i) redesignated (j).
      Subsec. (j). Pub. L. 110-246, Sec. 14207(a)(8), (10),
    redesignated subsec. (i) as (j) and inserted heading.
      2007 - Subsec. (c). Pub. L. 110-22, Sec. 3(1), substituted
    "instrumentality of interstate commerce for commercial speech" for
    "interstate instrumentality".
      Subsec. (d). Pub. L. 110-22, Sec. 3(2), substituted "such
    subsection" for "such subsections".
      Subsec. (e). Pub. L. 110-22, Sec. 3(3), added subsec. (e) and
    struck out former subsec. (e) which read as follows: "Any person
    who violates subsection (a), (b), or (c) of this section shall be
    fined not more than $15,000 or imprisoned for not more than 1 year,
    or both, for each such violation."
      Subsec. (g)(1). Pub. L. 110-22, Sec. 3(4)(A), struck out "or
    animals, such as waterfowl, bird, raccoon, or fox hunting" after
    "hunting another animal".
      Subsec. (g)(3). Pub. L. 110-22, Sec. 3(4)(B), added par. (3) and
    struck out former par. (3) which read as follows: "the term
    'interstate instrumentality' means telegraph, telephone, radio, or
    television operating in interstate or foreign commerce;".
      Subsec. (i). Pub. L. 110-22, Sec. 3(5), added subsec. (i).
      2002 - Subsec. (a). Pub. L. 107-171, Sec. 10302(a)(1), added
    subsec. (a) and struck out former subsec. (a) which read as
    follows: "It shall be unlawful for any person to knowingly sponsor
    or exhibit an animal in any animal fighting venture to which any
    animal was moved in interstate or foreign commerce."
      Subsec. (b). Pub. L. 107-171, Sec. 10302(a)(2), substituted
    "deliver, or receive" for "or deliver to another person or receive
    from another person".
      Subsec. (d). Pub. L. 107-171, Sec. 10302(a)(3), substituted
    "subsection (c) of this section" for "subsections (a), (b), or (c)
    of this section".
      Subsec. (e). Pub. L. 107-171, Sec. 10303(a)(1), inserted heading
    and substituted "$15,000" for "$5,000" in text.
      Subsec. (g)(2)(B). Pub. L. 107-171, Sec. 10303(a)(2), inserted
    "or from any State into any foreign country" before semicolon.

CHANGE OF NAME

      "United States magistrate judge" substituted for "United States
    magistrate" in subsec. (f) pursuant to section 321 of Pub. L. 101-
    650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.

MISCELLANEOUS

                     EFFECTIVE DATE OF 2008 AMENDMENT
      Amendment of this section and repeal of Pub. L. 110-234 by Pub.
    L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
    110-234, see section 4 of Pub. L. 110-246, set out as an Effective
    Date note under section 8701 of this title.
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Pub. L. 107-171, title X, Sec. 10302(b), May 13, 2002, 116 Stat.
    492, provided that: "The amendments made by this section [amending
    this section] take effect 1 year after the date of enactment of
    this Act [May 13, 2002]."
      Pub. L. 107-171, title X, Sec. 10303(b), May 13, 2002, 116 Stat.
    492, provided that: "The amendment made by this section [amending
    this section] takes effect 1 year after the date of enactment of
    this Act [May 13, 2002]."

FOOTNOTE

    (!1) So in original. Probably should be "States".
    (!2) So in original. Probably should be preceded by "or".
    (!3) So in original. The word "and" probably should appear.
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