CITE

    18 USC Sec. 43                                              01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

HEAD

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

STATUTE

      (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 (!1)
    (a) or an attempt or conspiracy to violate subsection (a) shall be -
        (1) a fine under this title or imprisonment not (!2) more than
      1 year, or both, if the offense does not instill in another the
      reasonable fear of serious bodily injury or death and -
          (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 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.

SOURCE

    (Added Pub. L. 102-346, Sec. 2(a), Aug. 26, 1992, 106 Stat. 928;
    amended Pub. L. 104-294, title VI, Sec. 601(r)(3), Oct. 11, 1996,
    110 Stat. 3502; Pub. L. 107-188, title III, Sec. 336, June 12,
    2002, 116 Stat. 681; Pub. L. 109-374, Sec. 2(a), Nov. 27, 2006, 120
    Stat. 2652.)

PRIOR PROVISIONS

      A prior section 43, acts June 25, 1948, ch. 645, 62 Stat. 687;
    Sept. 2, 1960, Pub. L. 86-702, Sec. 2, 74 Stat. 754; Dec. 5, 1969,
    Pub. L. 91-135, Sec. 7(a), 83 Stat. 279, related to transportation
    of wildlife taken in violation of State, national, or foreign law,
    the receipt of such wildlife, and the making of false records in
    relation thereto, prior to repeal by Pub. L. 97-79, Sec. 9(b)(2),
    Nov. 16, 1981, 95 Stat. 1079. See section 3372(a) of Title 16,
    Conservation.
                                AMENDMENTS
      2006 - Pub. L. 109-374 amended section catchline and text
    generally, substituting provisions relating to force, violence, and
    threats involving animal enterprises for provisions relating to
    animal enterprise terrorism.
      2002 - Subsec. (a). Pub. L. 107-188, Sec. 336(a), amended heading
    and text of subsec. (a) generally, deleting par. (2) reference to
    intentionally stealing and to requirement that economic damage
    exceed $10,000, and in concluding provisions substituting reference
    to punishment under subsec. (b) for reference to fine or
    imprisonment of not more than one year.
      Subsec. (b). Pub. L. 107-188, Sec. 336(b), amended subsec. (b)
    generally, substituting "Penalties" for "Aggravated Offense" in
    heading and list of penalties for property damage, personal injury
    and death for reference to serious bodily injury and death in text.
      Subsec. (c)(3). Pub. L. 107-188, Sec. 336(c), added par. (3).
      1996 - Subsec. (c). Pub. L. 104-294 inserted "or 3663A" after
    "section 3663" in introductory provisions.
                                SHORT TITLE
      Section 1 of Pub. L. 102-346 provided that: "This Act [enacting
    this section and provisions set out below] may be cited as the
    'Animal Enterprise Protection Act of 1992'."
        STUDY OF EFFECT OF TERRORISM ON CERTAIN ANIMAL ENTERPRISES
      Section 3 of Pub. L. 102-346 directed Attorney General and
    Secretary of Agriculture to jointly conduct a study on extent and
    effects of domestic and international terrorism on enterprises
    using animals for food or fiber production, agriculture, research,
    or testing, and, not later than 1 year after Aug. 26, 1992, submit
    a report that describes the results of the study together with any
    appropriate recommendations and legislation to Congress.

FOOTNOTE

    (!1) So in original. Probably should be "subsection".
    (!2) So in original. Probably should be preceded by "for".