109TH CONGRESS

2D SESSION S. 3880

AN ACT

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’’.
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1 SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL EN2 TERPRISES AND THREATS OF DEATH AND SE3 RIOUS BODILY INJURY TO ASSOCIATED PER4 SONS.

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 interfering

13 with the operations of an animal enterprise; and

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

15 ‘‘(A) intentionally damages or causes the

16 loss of any real or personal property (including

17 animals or records) used by an animal enter18 prise, or any real or personal property of a per19 son or entity having a connection to, relation20 ship with, or transactions with an animal enter21 prise;

22 ‘‘(B) intentionally places a person in rea23 sonable fear of the death of, or serious bodily

24 injury to that person, a member of the imme25 diate family (as defined in section 115) of that

26 person, or a spouse or intimate partner of that
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1 person by a course of conduct involving threats,

2 acts of vandalism, property damage, criminal

3 trespass, harassment, or intimidation; or

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

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

6 ‘‘(b) PENALTIES.—The punishment for a violation of

7 section (a) or an attempt or conspiracy to violate sub8 section (a) shall be—

9 ‘‘(1) a fine under this title or imprisonment not

10 more than 1 year, or both, if the offense does not

11 instill in another the reasonable fear of serious bod12 ily injury or death and—

13 ‘‘(A) the offense results in no economic

14 damage or bodily injury; or

15 ‘‘(B) the offense results in economic dam16 age that does not exceed $10,000;

17 ‘‘(2) a fine under this title or imprisonment for

18 not more than 5 years, or both, if no bodily injury

19 occurs and—

20 ‘‘(A) the offense results in economic dam21 age exceeding $10,000 but not exceeding

22 $100,000; or

23 ‘‘(B) the offense instills in another the rea24 sonable fear of serious bodily injury or death;
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1 ‘‘(3) a fine under this title or imprisonment for

2 not more than 10 years, or both, if—

3 ‘‘(A) the offense results in economic dam4 age exceeding $100,000; or

5 ‘‘(B) the offense results in substantial bod6 ily injury to another individual;

7 ‘‘(4) a fine under this title or imprisonment for

8 not more than 20 years, or both, if—

9 ‘‘(A) the offense results in serious bodily

10 injury to another individual; or

11 ‘‘(B) the offense results in economic dam12 age exceeding $1,000,000; and

13 ‘‘(5) imprisonment for life or for any terms of

14 years, a fine under this title, or both, if the offense

15 results in death of another individual.

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

17 section 3663 or 3663A of this title with respect to a viola18 tion of this section may also include restitution—

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

20 experimentation that was interrupted or invalidated

21 as a result of the offense;

22 ‘‘(2) for the loss of food production or farm in23 come reasonably attributable to the offense; and
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1 ‘‘(3) for any other economic damage, including

2 any losses or costs caused by economic disruption,

3 resulting from the offense.

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

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

6 ‘‘(A) a commercial or academic enterprise

7 that uses or sells animals or animal products

8 for profit, food or fiber production, agriculture,

9 education, research, or testing;

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

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

12 lawful competitive animal event; or

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

14 advance agricultural arts and sciences;

15 ‘‘(2) the term ‘course of conduct’ means a pat16 tern of conduct composed of 2 or more acts, evidenc17 ing a continuity of purpose;

18 ‘‘(3) the term ‘economic damage’—

19 ‘‘(A) means the replacement costs of lost

20 or damaged property or records, the costs of re21 peating an interrupted or invalidated experi22 ment, the loss of profits, or increased costs, in23 cluding losses and increased costs resulting

24 from threats, acts or vandalism, property dam25 age, trespass, harassment, or intimidation taken
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1 against a person or entity on account of that

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

3 with, or transactions with the animal enter4 prise; but

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

6 disruption (including a lawful boycott) that re7 sults from lawful public, governmental, or busi8 ness reaction to the disclosure of information

9 about an animal enterprise;

10 ‘‘(4) the term ‘serious bodily injury’ means—

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

12 death;

13 ‘‘(B) extreme physical pain;

14 ‘‘(C) protracted and obvious disfigurement;

15 or

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

17 function of a bodily member, organ, or mental

18 faculty; and

19 ‘‘(5) the term ‘substantial bodily injury’

20 means—

21 ‘‘(A) deep cuts and serious burns or abra22 sions;

23 ‘‘(B) short-term or nonobvious disfigure24 ment;
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1 ‘‘(C) fractured or dislocated bones, or torn

2 members of the body;

3 ‘‘(D) significant physical pain;

4 ‘‘(E) illness;

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

6 function of a bodily member, organ, or mental

7 faculty; or

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

9 body.

10 ‘‘(e) RULES OF CONSTRUCTION.—Nothing in this

11 section shall be construed—

12 ‘‘(1) to prohibit any expressive conduct (includ13 ing peaceful picketing or other peaceful demonstra14 tion) protected from legal prohibition by the First

15 Amendment to the Constitution;

16 ‘‘(2) to create new remedies for interference

17 with activities protected by the free speech or free

18 exercise clauses of the First Amendment to the Con19 stitution, regardless of the point of view expressed,

20 or to limit any existing legal remedies for such inter21 ference; or

22 ‘‘(3) to provide exclusive criminal penalties or

23 civil remedies with respect to the conduct prohibited

24 by this action, or to preempt State or local laws that

25 may provide such penalties or remedies.’’.
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1 (b) CLERICAL AMENDMENT.—The item relating to

2 section 43 in the table of sections at the beginning of

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

4 read as follows:

‘‘43. Force, violence, and threats involving animal enterprises.’’.

Passed the Senate September 30 (legislative day,

September 29), 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 3880

AN ACT

To provide the Department of Justice the necessary

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