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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