II 

109TH CONGRESS 

2D SESSION S. 3880 

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 

SEPTEMBER 8, 2006 

Mr. INHOFE (for himself, Mrs. FEINSTEIN, Mr. THUNE, and Mr. ISAKSON) 

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’’. 


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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 property (including animals or 

17 records) used by an animal enterprise, or any 

18 property of a person or entity having a connec19 tion to, relationship with, or transactions with 

20 an 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, 


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1 acts of vandalism, property damage, criminal 

2 trespass, 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.—The punishment for a violation of 

6 section (a) or an attempt or conspiracy to violate sub7 section (a) shall be— 

8 ‘‘(1) for an offense involving exclusively a non9 violent physical obstruction of an animal enterprise 

10 or a business having a connection to, or relationship 

11 with, an animal enterprise, that may result in loss 

12 of profits but does not result in bodily injury or 

13 death or property damage or loss— 

14 ‘‘(A) not more than $10,000 and the 

15 length of imprisonment shall be not more than 

16 6 months, or both, for the first offense; and 

17 ‘‘(B) not more than $25,000 and the 

18 length of imprisonment shall be not more than 

19 18 months, or both, for a subsequent offense; 

20 ‘‘(2) a fine under this title or imprisonment not 

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

22 instill in another the reasonable fear of serious bod23 ily injury or death and— 

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

25 damage or bodily injury; or 


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1 ‘‘(B) the offense results in economic dam2 age that does not exceed $10,000; 

3 ‘‘(3) a fine under this title or imprisonment for 

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

5 occurs and— 

6 ‘‘(A) the offense results in economic dam7 age exceeding $10,000 but not exceeding 

8 $100,000; or 

9 ‘‘(B) the offense instills in another the rea10 sonable fear of serious bodily injury or death; 

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

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

13 ‘‘(A) the offense results in economic dam14 age exceeding $100,000; or 

15 ‘‘(B) the offense causes substantial bodily 

16 injury to another individual; 

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

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

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

20 injury to another individual; or 

21 ‘‘(B) the offense results in economic dam22 age exceeding $1,000,000; and 

23 ‘‘(6) a fine under this title and imprisonment 

24 for life or for any term of years, or both, if the of25 fense results in death of another individual. 


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

2 section 3663 or 3663A of this title with respect to a viola3 tion of this section may also include restitution— 

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

5 experimentation that was interrupted or invalidated 

6 as a result of the offense; 

7 ‘‘(2) for the loss of food production or farm in8 come reasonably attributable to the offense; and 

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

10 any losses or costs caused by economic disruption, 

11 resulting from the offense. 

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

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

14 ‘‘(A) a commercial or academic enterprise 

15 that uses or sells animals or animal products 

16 for profit, food or fiber production, agriculture, 

17 education, research, or testing; 

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

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

20 lawful competitive animal event; or 

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

22 advance agricultural arts and sciences; 

23 ‘‘(2) the term ‘course of conduct’ means a pat24 tern of conduct composed of 2 or more acts, evidenc25 ing a continuity of purpose; 


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1 ‘‘(3) the term ‘economic damage’— 

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

3 or damaged property or records, the costs of re4 peating an interrupted or invalidated experi5 ment, the loss of profits, or increased costs, in6 cluding losses and increased costs resulting 

7 from threats, acts or vandalism, property dam8 age, trespass, harassment, or intimidation taken 

9 against a person or entity on account of that 

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

11 with, or transactions with the animal enter12 prise; but 

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

14 disruption (including a lawful boycott) that re15 sults from lawful public, governmental, or busi16 ness reaction to the disclosure of information 

17 about an animal enterprise; 

18 ‘‘(4) the term ‘physical obstruction’ means ren19 dering impassable ingress to or egress from an ani20 mal enterprise facility, or rendering passage to or 

21 from such a facility unreasonably difficult; 

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

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

24 death; 

25 ‘‘(B) extreme physical pain; 


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1 ‘‘(C) protracted and obvious disfigurement; 

2 or 

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

4 function of a bodily member, organ, or mental 

5 faculty; and 

6 ‘‘(6) the term ‘substantial bodily injury’ 

7 means— 

8 ‘‘(A) deep cuts and serious burns or abra9 sions; 

10 ‘‘(B) short-term or nonobvious disfigure11 ment; 

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

13 members of the body; 

14 ‘‘(D) significant physical pain; 

15 ‘‘(E) illness; 

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

17 function of a bodily member, organ, or mental 

18 faculty; or 

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

20 body. 

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

22 section shall be construed— 

23 ‘‘(1) to prohibit any expressive conduct (includ24 ing peaceful picketing or other peaceful demonstraVerDate Aug 31 2005 20:41 Sep 12, 2006 Jkt 049196 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880

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1 tion) protected from legal prohibition by the First 

2 Amendment to the Constitution; 

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

4 with activities protected by the free speech or free 

5 exercise clauses of the First Amendment to the Con6 stitution, regardless of the point of view expressed, 

7 or to limit any existing legal remedies for such inter8 ference; or 

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

10 civil remedies with respect to the conduct prohibited 

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

12 may provide such penalties or remedies.’’. 

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

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

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

16 read as follows: 

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

17 (c) AMENDMENTS RELATING TO SUBSTANTIAL BOD18 ILY INJURY.— 

19 (1) Section 2118 of title 18, United States 

20 Code, is amended by striking ‘‘significant’’ each 

21 place it appears other than in subsection (e) and in22 serting ‘‘serious’’. 

23 (2) Section 2118(e) of title 18, United States 

24 Code, is amended— 


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1 (A) by striking ‘‘significant’’ the first place 

2 it appears and inserting ‘‘serious’’; 

3 (B) by inserting ‘‘substantial’’ before ‘‘risk 

4 of death’’; and 

5 (C) by striking ‘‘significant physical pain’’ 

6 and inserting ‘‘extreme physical pain’’. 

7 (3) Section 113(b)(1) of title 18, United States 

8 Code, is amended to read as follows: 

9 ‘‘(1) the term ‘substantial bodily injury’ 

10 means— 

11 ‘‘(A) deep cuts and serious burns or abra12 sions; 

13 ‘‘(B) short-term or nonobvious disfigure14 ment; 

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

16 members of the body; 

17 ‘‘(D) significant physical pain; 

18 ‘‘(E) illness; 

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

20 function of a bodily member, organ, or mental 

21 faculty; or 

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

23 body; and’’. 

Æ 


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