109TH CONGRESS

1ST SESSION S. 382

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Animal Fighting Pro5 hibition Enforcement Act of 2005’’.
 †

2

S 382 ES

1 SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBI2 TIONS.

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

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘§ 49. Animal fighting prohibition

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

8 ANIMAL FIGHTING VENTURE.—

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), it shall be unlawful for any person to

11 knowingly sponsor or exhibit an animal in an animal

12 fighting venture, if any animal in the venture was

13 moved in interstate or foreign commerce.

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

15 With respect to fighting ventures involving live birds

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

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

18 person to sponsor or exhibit a bird in the fighting

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

20 fighting venture was knowingly bought, sold, deliv21 ered, transported, or received in interstate or foreign

22 commerce for the purpose of participation in the

23 fighting venture.

24 ‘‘(b) BUYING, SELLING, DELIVERING, OR TRANS25 PORTING ANIMALS FOR PARTICIPATION IN ANIMAL

26 FIGHTING VENTURE.—It shall be unlawful for any person
†

3

S 382 ES

1 to knowingly sell, buy, transport, or deliver, or receive for

2 purposes of transportation, in interstate or foreign com3 merce, any dog or other animal for purposes of having

4 the dog or other animal participate in an animal fighting

5 venture.

6 ‘‘(c) USE OF POSTAL SERVICE OR OTHER INTER7 STATE INSTRUMENTALITY FOR PROMOTING ANIMAL

8 FIGHTING VENTURE.—It shall be unlawful for any person

9 to knowingly use the mail service of the United States

10 Postal Service or any instrumentality of interstate com11 merce for commercial speech promoting an animal fighting

12 venture except as performed outside the limits of the

13 States of the United States.

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

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

16 shall be unlawful with respect to fighting ventures involv17 ing live birds only if the fight is to take place in a State

18 where it would be in violation of the laws thereof.

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

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

21 interstate or foreign commerce a knife, a gaff, or any

22 other sharp instrument attached, or designed or intended

23 to be attached, to the leg of a bird for use in an animal

24 fighting venture.
†

4

S 382 ES

1 ‘‘(f) PENALTIES.—Any person who violates sub2 section (a), (b), (c), or (e) shall be fined under this title

3 or imprisoned for not more than 2 years, or both, for each

4 such violation.

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

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

7 any event which involves a fight between at least two

8 animals and is conducted for purposes of sport, wa9 gering, or entertainment except that the term ‘ani10 mal fighting venture’ shall not be deemed to include

11 any activity the primary purpose of which involves

12 the use of one or more animals in hunting another

13 animal or animals, such as waterfowl, bird, raccoon,

14 or fox hunting;

15 ‘‘(2) the term ‘instrumentality of interstate

16 commerce’ means any written, wire, radio, television

17 or other form of communication in, or using a facil18 ity of, interstate commerce;

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

20 United States, the District of Columbia, the Com21 monwealth of Puerto Rico, and any territory or pos22 session of the United States; and

23 ‘‘(4) the term ‘animal’ means any live bird, or

24 any live dog or other mammal, except man.
†

5

S 382 ES

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

2 of this section do not supersede or otherwise invalidate

3 any such State, local, or municipal legislation or ordinance

4 relating to animal fighting ventures except in case of a

5 direct and irreconcilable conflict between any requirements

6 thereunder and this section or any rule, regulation, or

7 standard hereunder.’’.

8 (b) CLERICAL AMENDMENT.—The table of contents

9 for chapter 3 of title 18, is amended by inserting after

10 the item relating to section 48 the following:

‘‘49. Animal fighting prohibition’’.

11 (c) REPEAL OF CRIMINAL PENALTY IN THE ANIMAL

12 WELFARE ACT.—Section 26 of the Animal Welfare Act

13 (7 U.S.C. 2156) is amended by striking subsection (e).

Passed the Senate April 29 (legislative day, April

28), 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 382

AN ACT

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