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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3880 Enrolled Bill (ENR)]

        S.3880

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

    To provide the Department of Justice the necessary authority to 
    apprehend, prosecute, and convict individuals committing animal 
                           enterprise terror.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Animal Enterprise Terrorism Act''.

SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES AND THREATS 
              OF DEATH AND SERIOUS BODILY INJURY TO ASSOCIATED PERSONS.

    (a) In General.--Section 43 of title 18, United States Code, is 
amended to read as follows:

``Sec. 43. Force, violence, and threats involving animal enterprises

    ``(a) Offense.--Whoever travels in interstate or foreign commerce, 
or uses or causes to be used the mail or any facility of interstate or 
foreign commerce--
        ``(1) for the purpose of damaging or interfering with the 
    operations of an animal enterprise; and
        ``(2) in connection with such purpose--
            ``(A) intentionally damages or causes the loss of any real 
        or personal property (including animals or records) used by an 
        animal enterprise, or any real or personal property of a person 
        or entity having a connection to, relationship with, or 
        transactions with an animal enterprise;
            ``(B) intentionally places a person in reasonable fear of 
        the death of, or serious bodily injury to that person, a member 
        of the immediate family (as defined in section 115) of that 
        person, or a spouse or intimate partner of that person by a 
        course of conduct involving threats, acts of vandalism, 
        property damage, criminal trespass, harassment, or 
        intimidation; or
            ``(C) conspires or attempts to do so;
    shall be punished as provided for in subsection (b).
    ``(b) Penalties.--The punishment for a violation of section (a) or 
an attempt or conspiracy to violate subsection (a) shall be--
        ``(1) a fine under this title or imprisonment not more than 1 
    year, or both, if the offense does not instill in another the 
    reasonable fear of serious bodily injury or death and--
            ``(A) the offense results in no economic damage or bodily 
        injury; or
            ``(B) the offense results in economic damage that does not 
        exceed $10,000;
        ``(2) a fine under this title or imprisonment for not more than 
    5 years, or both, if no bodily injury occurs and--
            ``(A) the offense results in economic damage exceeding 
        $10,000 but not exceeding $100,000; or
            ``(B) the offense instills in another the reasonable fear 
        of serious bodily injury or death;
        ``(3) a fine under this title or imprisonment for not more than 
    10 years, or both, if--
            ``(A) the offense results in economic damage exceeding 
        $100,000; or
            ``(B) the offense results in substantial bodily injury to 
        another individual;
        ``(4) a fine under this title or imprisonment for not more than 
    20 years, or both, if--
            ``(A) the offense results in serious bodily injury to 
        another individual; or
            ``(B) the offense results in economic damage exceeding 
        $1,000,000; and
        ``(5) imprisonment for life or for any terms of years, a fine 
    under this title, or both, if the offense results in death of 
    another individual.
    ``(c) Restitution.--An order of restitution under section 3663 or 
3663A of this title with respect to a violation of this section may 
also include restitution--
        ``(1) for the reasonable cost of repeating any experimentation 
    that was interrupted or invalidated as a result of the offense;
        ``(2) for the loss of food production or farm income reasonably 
    attributable to the offense; and
        ``(3) for any other economic damage, including any losses or 
    costs caused by economic disruption, resulting from the offense.
    ``(d) Definitions.--As used in this section--
        ``(1) the term `animal enterprise' means--
            ``(A) a commercial or academic enterprise that uses or 
        sells animals or animal products for profit, food or fiber 
        production, agriculture, education, research, or testing;
            ``(B) a zoo, aquarium, animal shelter, pet store, breeder, 
        furrier, circus, or rodeo, or other lawful competitive animal 
        event; or
            ``(C) any fair or similar event intended to advance 
        agricultural arts and sciences;
        ``(2) the term `course of conduct' means a pattern of conduct 
    composed of 2 or more acts, evidencing a continuity of purpose;
        ``(3) the term `economic damage'--
            ``(A) means the replacement costs of lost or damaged 
        property or records, the costs of repeating an interrupted or 
        invalidated experiment, the loss of profits, or increased 
        costs, including losses and increased costs resulting from 
        threats, acts or vandalism, property damage, trespass, 
        harassment, or intimidation taken against a person or entity on 
        account of that person's or entity's connection to, 
        relationship with, or transactions with the animal enterprise; 
        but
            ``(B) does not include any lawful economic disruption 
        (including a lawful boycott) that results from lawful public, 
        governmental, or business reaction to the disclosure of 
        information about an animal enterprise;
        ``(4) the term `serious bodily injury' means--
            ``(A) injury posing a substantial risk of death;
            ``(B) extreme physical pain;
            ``(C) protracted and obvious disfigurement; or
            ``(D) protracted loss or impairment of the function of a 
        bodily member, organ, or mental faculty; and
        ``(5) the term `substantial bodily injury' means--
            ``(A) deep cuts and serious burns or abrasions;
            ``(B) short-term or nonobvious disfigurement;
            ``(C) fractured or dislocated bones, or torn members of the 
        body;
            ``(D) significant physical pain;
            ``(E) illness;
            ``(F) short-term loss or impairment of the function of a 
        bodily member, organ, or mental faculty; or
            ``(G) any other significant injury to the body.
    ``(e) Rules of Construction.--Nothing in this section shall be 
construed--
        ``(1) to prohibit any expressive conduct (including peaceful 
    picketing or other peaceful demonstration) protected from legal 
    prohibition by the First Amendment to the Constitution;
        ``(2) to create new remedies for interference with activities 
    protected by the free speech or free exercise clauses of the First 
    Amendment to the Constitution, regardless of the point of view 
    expressed, or to limit any existing legal remedies for such 
    interference; or
        ``(3) to provide exclusive criminal penalties or civil remedies 
    with respect to the conduct prohibited by this action, or to 
    preempt State or local laws that may provide such penalties or 
    remedies.''.
    (b) Clerical Amendment.--The item relating to section 43 in the 
table of sections at the beginning of chapter 3 of title 18, United 
States Code, is amended to read as follows:

``43. Force, violence, and threats involving animal enterprises.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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