II 

109TH CONGRESS 

1ST SESSION S. 1926 

To provide the Department of Justice the necessary authority to apprehend, 

prosecute, and convict individuals committing animal enterprise terror. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 27, 2005 

Mr. INHOFE introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide the Department of Justice the necessary authority 

to apprehend, prosecute, and convict individuals committing animal enterprise terror. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Animal Enterprise 

5 Terrorism Act’’. 
2 

•S. 1926 IS 

1 SEC. 2. INCLUSION OF ECONOMIC DISRUPTION TO ANIMAL 

2 ENTERPRISES AND THREATS OF DEATH AND 

3 SERIOUS BODILY INJURY TO ASSOCIATED 

4 PERSONS. 

5 (a) IN GENERAL.—Section 43 of title 18, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 43. Force, violence, and threats involving animal 

8 enterprises 

9 ‘‘(a) OFFENSE.—Whoever travels in interstate or for10 eign commerce, or uses or causes to be used the mail or 

11 any facility of interstate or foreign commerce— 

12 ‘‘(1) for the purpose of damaging or disrupting 

13 an animal enterprise; and 

14 ‘‘(2) in connection with such purpose— 

15 ‘‘(A) intentionally damages, disrupts, or 

16 causes the loss of any property (including ani17 mals or records) used by the animal enterprise, 

18 or any property of a person or entity having a 

19 connection to, relationship with, or transactions 

20 with the animal enterprise; 

21 ‘‘(B) intentionally places a person in rea22 sonable fear of the death of, or serious bodily 

23 injury to that person, a member of the imme24 diate family (as defined in section 115) of that 

25 person, or a spouse or intimate partner of that 

26 person by a course of conduct involving threats, 
3 

•S. 1926 IS 

1 acts of vandalism, property damage, trespass, 

2 harassment, or intimidation; or 

3 ‘‘(C) conspires or attempts to do so; 

4 shall be punished as provided for in subsection (b). 

5 ‘‘(b) PENALTIES.— 

6 ‘‘(1) ECONOMIC DAMAGE.—Any person who, in 

7 the course of a violation of subsection (a) causes 

8 economic damage not exceeding $10,000 shall be 

9 fined under this title or imprisoned not more than 

10 1 year, or both. 

11 ‘‘(2) SIGNIFICANT ECONOMIC DAMAGE OR ECO12 NOMIC DISRUPTION.—Any person who, in the course 

13 of a violation of subsection (a), causes economic 

14 damage or economic disruption exceeding $10,000 

15 but not exceeding $100,000 shall be fined under this 

16 title or imprisoned not more than 5 years, or both. 

17 ‘‘(3) MAJOR ECONOMIC DAMAGE OR ECONOMIC

18 DISRUPTION.—Any person who, in the course of a 

19 violation of subsection (a), causes economic damage 

20 or economic disruption exceeding $100,000 shall be 

21 fined under this title or imprisoned not more than 

22 10 years, or both. 

23 ‘‘(4) SIGNIFICANT BODILY INJURY OR

24 THREATS.—Any person who, in the course of a vio25 lation of subsection (a), causes significant bodily in-
4 

•S. 1926 IS 

1 jury to another individual or intentionally instills in 

2 another the reasonable fear of death or serious bod3 ily injury shall be fined under this title or impris4 oned not more than 5 years, or both. 

5 ‘‘(5) SERIOUS BODILY INJURY.—Any person 

6 who, in the course of a violation of subsection (a), 

7 causes serious bodily injury to another individual 

8 shall be fined under this title or imprisoned not 

9 more than 20 years, or both. 

10 ‘‘(6) DEATH.—Any person who, in the course of 

11 a violation of subsection (a), causes the death of an 

12 individual shall be fined under this title and shall be 

13 punished by death or imprisoned for life or for any 

14 term of years. 

15 ‘‘(7) CONSPIRACY AND ATTEMPT.—Any person 

16 who conspires or attempts to commit an offense 

17 under subsection (a) shall be subject to the same 

18 penalties as those prescribed for the substantive of19 fense. 

20 ‘‘(c) RESTITUTION.—An order of restitution under 

21 section 3663 or 3663A of this title with respect to a viola22 tion of this section may also include restitution— 

23 ‘‘(1) for the reasonable cost of repeating any 

24 experimentation that was interrupted or invalidated 

25 as a result of the offense; 
5 

•S. 1926 IS 

1 ‘‘(2) the loss of food production or farm income 

2 reasonably attributable to the offense; and 

3 ‘‘(3) for any other economic damage, including 

4 any losses or costs caused by economic disruption, 

5 resulting from the offense. 

6 ‘‘(d) DEFINITIONS.—As used in this section— 

7 ‘‘(1) the term ‘animal enterprise’ means— 

8 ‘‘(A) a commercial or academic enterprise 

9 that uses or sells animals or animal products 

10 for profit, food or fiber production, agriculture, 

11 research, or testing; 

12 ‘‘(B) a zoo, aquarium, animal shelter, pet 

13 store, breeder, furrier, circus, or rodeo, or other 

14 lawful competitive animal event; or 

15 ‘‘(C) any fair or similar event intended to 

16 advance agricultural arts and sciences; 

17 ‘‘(2) the term ‘course of conduct’ means a pat18 tern of conduct composed of 2 or more acts, evidenc19 ing a continuity of purpose; 

20 ‘‘(3) the term ‘economic damage’ means the re21 placement costs of lost or damaged property or 

22 records, the costs of repeating an interrupted or in23 validated experiment, or the loss of profits; 

24 ‘‘(4) the term ‘economic disruption’— 
6 

•S. 1926 IS 

1 ‘‘(A) means losses and increased costs that 

2 individually or collectively exceed $10,000, in3 cluding losses and increased costs resulting 

4 from threats, acts of vandalism, property dam5 age, trespass, harassment or intimidation taken 

6 against a person or entity on account of that 

7 person’s or entity’s connection to, relationship 

8 with, or transactions with the animal enter9 prise; and 

10 ‘‘(B) does not include any lawful economic 

11 disruption that results from lawful public, gov12 ernmental, or business reaction to the disclo13 sure of information about an animal enterprise; 

14 ‘‘(5) the term ‘serious bodily injury’ means— 

15 ‘‘(A) injury posing a substantial risk of 

16 death; 

17 ‘‘(B) extreme physical pain; 

18 ‘‘(C) protracted and obvious disfigurement; 

19 or 

20 ‘‘(D) protracted loss or impairment of the 

21 function of a bodily member, organ, or mental 

22 faculty; and 

23 ‘‘(6) the term ‘significant bodily injury’ 

24 means— 
7 

•S. 1926 IS 

1 ‘‘(A) deep cuts and serious burns or abra2 sions; 

3 ‘‘(B) short-term or nonobvious disfigure4 ment; 

5 ‘‘(C) fractured or dislocated bones, or torn 

6 members of the body; 

7 ‘‘(D) significant physical pain; 

8 ‘‘(E) illness; 

9 ‘‘(F) short-term loss or impairment of the 

10 function of a bodily member, organ, or mental 

11 faculty; or 

12 ‘‘(G) any other significant injury to the 

13 body. 

14 ‘‘(e) NON-PREEMPTION.—Nothing in this section 

15 preempts any State law.’’. 

16 (b) CONFORMING AMENDMENT.—Section 2516(1)(c) 

17 of title 18, United States Code, is amended by inserting 

18 ‘‘section 43 (force, violence and threats involving animal 

19 enterprises),’’ before ‘‘section 201 (bribery of public offi20 cials and witnesses)’’. 

Æ