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:

‘‘§ 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—
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‘‘(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
S. 3880—3

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.’’.
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(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.