IB 

Union Calendar No. 468 

108TH CONGRESS 

2D SESSION H. R. 4264 

[Report No. 108–756] 

To amend title 18, United States Code, to strengthen prohibitions against 

animal fighting, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2004 

Mr. GREEN of Wisconsin (for himself, Mr. GALLEGLY, Mr. COBLE, Mr. BARTLETT of Maryland, Mr. ANDREWS, Mr. MEEHAN, and Mr. WEXLER) introduced the following bill; which was referred to the Committee on the 

Judiciary 

OCTOBER 7, 2004 

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

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

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

[For text of introduced bill, see copy of bill as introduced on May 4, 2004] 

A BILL 

To amend title 18, United States Code, to strengthen 

prohibitions against animal fighting, 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Animal Fighting Prohi3 bition Enforcement Act of 2004’’. 

4 SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBI5 TIONS. 

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

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

8 ‘‘§ 49. Animal fighting prohibition 

9 ‘‘(a) SPONSORING OR EXHIBITING AN ANIMAL IN AN

10 ANIMAL FIGHTING VENTURE.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), it shall be unlawful for any person to 

13 knowingly sponsor or exhibit an animal in an ani14 mal fighting venture, if any animal in the venture 

15 was moved in interstate or foreign commerce. 

16 ‘‘(2) SPECIAL RULE FOR CERTAIN STATES.— 

17 With respect to fighting ventures involving live birds 

18 in a State where it would not be in violation of the 

19 law, it shall be unlawful under this subsection for a 

20 person to sponsor or exhibit a bird in the fighting 

21 venture only if the person knew that any bird in the 

22 fighting venture was knowingly bought, sold, deliv23 ered, transported, or received in interstate or foreign 

24 commerce for the purpose of participation in the 

25 fighting venture. 
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1 ‘‘(b) BUYING, SELLING, DELIVERING, OR TRANS2 PORTING ANIMALS FOR PARTICIPATION IN ANIMAL FIGHT3 ING VENTURE.—It shall be unlawful for any person to 

4 knowingly sell, buy, transport, or deliver, or receive for pur5 poses of transportation, in interstate or foreign commerce, 

6 any dog or other animal for purposes of having the dog 

7 or other animal participate in an animal fighting venture. 

8 ‘‘(c) USE OF POSTAL SERVICE OR OTHER INTERSTATE

9 INSTRUMENTALITY FOR PROMOTING ANIMAL FIGHTING

10 VENTURE.—It shall be unlawful for any person to know11 ingly use the mail service of the United States Postal Serv12 ice or any instrumentality of interstate commerce for com13 mercial speech promoting an animal fighting venture except 

14 as performed outside the limits of the States of the United 

15 States. 

16 ‘‘(d) VIOLATION OF STATE LAW.—Notwithstanding 

17 subsection (c), the activities prohibited by such subsection 

18 shall be unlawful with respect to fighting ventures involving 

19 live birds only if the fight is to take place in a State where 

20 it would be in violation of the laws thereof. 

21 ‘‘(e) SHARP INSTRUMENTS.—It shall be unlawful for 

22 any person to knowingly sell, buy, transport, or deliver in 

23 interstate or foreign commerce a knife, a gaff, or any other 

24 sharp instrument attached, or designed or intended to be 
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1 attached, to the leg of a bird for use in an animal fighting 

2 venture. 

3 ‘‘(f) PENALTIES.—Any person who violates subsection 

4 (a), (b), (c), or (e) shall be fined under this title or impris5 oned for not more than 2 years, or both, for each such viola6 tion. 

7 ‘‘(g) DEFINITIONS.—For purposes of this section— 

8 ‘‘(1) the term ‘animal fighting venture’ means 

9 any event which involves a fight between at least two 

10 animals and is conducted for purposes of sport, wa11 gering, or entertainment except that the term ‘animal 

12 fighting venture’ shall not be deemed to include any 

13 activity the primary purpose of which involves the 

14 use of one or more animals in hunting another ani15 mal or animals, such as waterfowl, bird, raccoon, or 

16 fox hunting; 

17 ‘‘(2) the term ‘instrumentality of interstate com18 merce’ means any written, wire, radio, television or 

19 other form of communication in, or using a facility 

20 of, interstate commerce; 

21 ‘‘(3) the term ‘State’ means any State of the 

22 United States, the District of Columbia, the Common23 wealth of Puerto Rico, and any territory or possession 

24 of the United States; and 
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1 ‘‘(4) the term ‘animal’ means any live bird, or 

2 any live dog or other mammal, except man. 

3 ‘‘(h) CONFLICT WITH STATE LAW.—The provisions of 

4 this section do not supersede or otherwise invalidate any 

5 such State, local, or municipal legislation or ordinance re6 lating to animal fighting ventures except in case of a direct 

7 and irreconcilable conflict between any requirements there8 under and this section or any rule, regulation, or standard 

9 hereunder.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents for 

11 chapter 3 of title 18, is amended by inserting after the item 

12 relating to section 48 the following: 

‘‘49. Animal fighting prohibition.’’. 

13 (c) REPEAL OF CRIMINAL PENALTY IN THE ANIMAL

14 WELFARE ACT.—Section 26 of the Animal Welfare Act (7 

15 U.S.C. 2156) is amended by striking subsection (e). 
Union Calendar No. 468 

108TH CONGRESS 

2D SESSION H. R. 4264 

[Report No. 108–756] 

A BILL 

To amend title 18, United States Code, to strengthother purposes. en prohibitions against animal fighting, and for 

OCTOBER 7, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,