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Union Calendar No. 231

106TH CONGRESS

1ST SESSION H. R. 1887

[Report No. 106–397]

To amend title 18, United States Code, to punish the depiction of animal

cruelty.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1999

Mr. GALLEGLY (for himself, Mr. SHAYS, Mrs. MORELLA, Mr. BROWN of California, Mr. LIPINSKI) introduced the following bill; which was referred to

the Committee on the Judiciary

OCTOBER 19, 1999

Additional sponsors: Mr. TOWNS, Mr. TIERNEY, Mr. TRAFICANT, Mr. FARR

of California, Ms. PELOSI, Mr. MORAN of Virginia, Mr. SHERMAN, Mr.

BACHUS, Mr. BERMAN, Ms. BALDWIN, Mr. BEREUTER, Mr. ROGAN, Mr.

PRICE of North Carolina, Mr. WEINER, Mr. PETERSON of Minnesota,

Mr. METCALF, Mr. HYDE, Mr. COOK, Mr. ROTHMAN, Mr. FRANKS of

New Jersey, Mr. DOYLE, Mr. BURTON of Indiana, Mr. HORN, Mr. SMITH

of Texas, Mr. CUNNINGHAM, Mr. LANTOS, Mr. CHABOT, Mr. WEXLER,

Mr. GILMAN, Mr. GOODLATTE, Mr. WYNN, Mrs. LOWEY, Ms. DELAURO,

Mr. CRAMER, Mr. NEY, Mr. FALEOMAVAEGA, Mr. BENTSEN, Mr. JENKINS, Mr. KILDEE, Mr. DIXON, Mr. NEAL of Massachusetts, Mr. ENGEL,

Mr. PASTOR, Ms. WOOLSEY, Mr. BILBRAY, Mr. GREEN of Wisconsin, Mr.

UDALL of Colorado, and Mr. DIAZ-BALART

OCTOBER 19, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed
2

•HR 1887 RH

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend title 18, United States Code, to punish the

depiction of animal cruelty.

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

3 SECTION 1. PUNISHMENT FOR DEPICTION OF ANIMAL CRU4 ELTY.

5 (a) IN GENERAL.—Chapter 3 of title 18, United

6 States Code, is amended by adding at the end the fol7 lowing:

8 ‘‘§ 48. Depiction of animal cruelty

9 ‘‘(a) CREATION, SALE, OR POSSESSION.—Whoever

10 knowingly creates, sells, or possesses a depiction of animal

11 cruelty with the intention of placing that depiction in

12 interstate or foreign commerce for commercial gain, shall

13 be fined under this title or imprisoned not more than 5

14 years, or both.

15 ‘‘(b) DEFINITIONS.—In this section—

16 ‘‘(1) the term ‘depiction of animal cruelty’

17 means any visual or auditory depiction, including

18 any photograph, motion-picture film, video record19 ing, electronic image, or sound recording of conduct

20 in which a living animal is intentionally maimed,
3

•HR 1887 RH

1 mutilated, tortured, wounded, or killed, if such con2 duct is illegal under Federal law or the law of the

3 State in which the creation, sale, or possession takes

4 place, regardless of whether the maiming, mutila5 tion, torture, wounding, or killing took place in the

6 State; and

7 ‘‘(2) the term ‘State’ means each of the several

8 States, the District of Columbia, the Commonwealth

9 of Puerto Rico, the Virgin Islands, Guam, American

10 Samoa, the Commonwealth of the Northern Mariana

11 Islands, and any other commonwealth, territory, or

12 possession of the United States.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 for such chapter is amended by adding at the end the fol15 lowing:

‘‘48. Depiction of animal cruelty.’’.

16 SECTION 1. PUNISHMENT FOR DEPICTION OF ANIMAL

17 CRUELTY.

18 (a) IN GENERAL.—Chapter 3 of title 18, United States

19 Code, is amended by adding at the end the following:

20 ‘‘§ 48. Depiction of animal cruelty

21 ‘‘(a) CREATION, SALE, OR POSSESSION.—Whoever

22 knowingly creates, sells, or possesses a depiction of animal

23 cruelty with the intention of placing that depiction in inter24 state or foreign commerce for commercial gain, shall be
4

•HR 1887 RH

1 fined under this title or imprisoned not more than 5 years,

2 or both.

3 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to

4 any depiction that has serious religious, political, scientific,

5 educational, journalistic, historical, or artistic value.

6 ‘‘(c) DEFINITIONS.—In this section—

7 ‘‘(1) the term ‘depiction of animal cruelty’

8 means any visual or auditory depiction, including

9 any photograph, motion-picture film, video recording,

10 electronic image, or sound recording of conduct in

11 which a living animal is intentionally maimed, muti12 lated, tortured, wounded, or killed, if such conduct is

13 illegal under Federal law or the law of the State in

14 which the creation, sale, or possession takes place, re15 gardless of whether the maiming, mutilation, torture,

16 wounding, or killing took place in the State; and

17 ‘‘(2) the term ‘State’ means each of the several

18 States, the District of Columbia, the Commonwealth

19 of Puerto Rico, the Virgin Islands, Guam, American

20 Samoa, the Commonwealth of the Northern Mariana

21 Islands, and any other commonwealth, territory, or

22 possession of the United States.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections for

24 such chapter is amended by adding at the end the following:

‘‘48. Depiction of animal cruelty.’’.

Union Calendar No. 231

106TH CONGRESS

1ST SESSION H. R. 1887

[Report No. 106–397]

A BILL

To amend title 18, United States Code, to punish

the depiction of animal cruelty.

OCTOBER 19, 1999

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed