IIB 

111TH CONGRESS 

2D SESSION H. R. 5566 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2010 

Received 

AUGUST 5, 2010 

Read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend title 18, United States Code, to prohibit interstate 

commerce in animal crush videos, and for other purposes. 

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


jdjones on DSKHWCL6B1PROD with BILLS
2 

HR 5566 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Prevention of Inter3 state Commerce in Animal Crush Videos Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds the following: 

6 (1) The Federal Government and the several 

7 States have a compelling interest in preventing ani8 mal cruelty. 

9 (2) Each of the several States and the District 

10 of Columbia criminalize intentional acts of animal 

11 cruelty. 

12 (3) The clandestine nature of certain acts of 

13 animal cruelty allows the perpetrators of such crimes 

14 to remain anonymous, thus frustrating the ability of 

15 Federal and State authorities to enforce the criminal 

16 statutes prohibiting such behavior. 

17 (4) These criminal acts constitute an integral 

18 part of the production of and market for so-called 

19 crush videos and other depictions of animal cruelty. 

20 (5) The creation and sale of crush videos pro21 vide an economic incentive for, and are intrinsically 

22 related to, the underlying acts of the criminal con23 duct. 

24 (6) The United States has a long history of 

25 prohibiting the interstate sale of obscene and illegal 

26 materials. 


jdjones on DSKHWCL6B1PROD with BILLS
3 

HR 5566 RFS

1 (7) Animal crush videos appeal to the prurient 

2 interest and are obscene. 

3 SEC. 3. ANIMAL CRUSH VIDEOS. 

4 (a) IN GENERAL.—Section 48 of title 18, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 48. Animal crush videos 

7 ‘‘(a) PROHIBITION.—Whoever knowingly and for the 

8 purpose of commercial advantage or private financial gain 

9 sells or offers to sell, or distributes or offers to distribute, 

10 an animal crush video in interstate or foreign commerce 

11 shall be fined under this title or imprisoned not more than 

12 5 years, or both. 

13 ‘‘(b) RULE OF CONSTRUCTION.—Subsection (a) does 

14 not prohibit the sale, distribution, or offer for sale or dis15 tribution, of any visual depiction of— 

16 ‘‘(1) customary and normal veterinary or agri17 cultural husbandry practices; or 

18 ‘‘(2) hunting, trapping, or fishing. 

19 ‘‘(c) DEFINITION.—In this section the term ‘animal 

20 crush video’ means any obscene photograph, motion-pic21 ture film, video recording, or electronic image that depicts 

22 actual conduct in which one or more living animals is in23 tentionally crushed, burned, drowned, suffocated, or im24 paled in a manner that would violate a criminal prohibi25 tion on cruelty to animals under Federal law or the law 


jdjones on DSKHWCL6B1PROD with BILLS
4 

HR 5566 RFS

1 of the State in which the depiction is created, sold, distrib2 uted, or offered for sale or distribution.’’. 

3 (b) CLERICAL AMENDMENT.—The item relating to 

4 section 48 in the table of sections at the beginning of 

5 chapter 3 of title 18, United States Code, is amended to 

6 read as follows: 

‘‘48. Animal crush videos.’’. 

7 SEC. 4. BUDGETARY EFFECTS PROVISION. 

8 The budgetary effects of this Act, for the purpose of 

9 complying with the Statutory Pay-As-You-Go Act of 2010, 

10 shall be determined by reference to the latest statement 

11 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

12 Act, submitted for printing in the Congressional Record 

13 by the Chairman of the Committee on the Budget of the 

14 House of Representatives, provided that such statement 

15 has been submitted prior to the vote on passage. 

Passed the House of Representatives July 21, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jdjones on DSKHWCL6B1PROD with BILLS