I 
109TH CONGRESS 
1ST SESSION 
H. R. 817
To amend title 18, United States Code, to strengthen prohibitions against 
animal fighting, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2005
Mr. GREEN of Wisconsin (for himself, Mr. BARTLETT of Maryland, Mr. 
CHABOT, Mr. CHOCOLA, Mr. GALLEGLY, Mr. BLUMENAUER, Mr. AN-
DREWS, Mr. CONYERS, Mr. SCOTT of Virginia, Mr. PETERSON of Min-
nesota, Mr. KOLBE, Mr. MORAN of Virginia, Mr. BASS, Mr. SANDERS, 
Mrs. KELLY, Mr. OWENS, Mr. PLATTS, Mr. MCNULTY, Mrs. JOHNSON 
of Connecticut, Mr. SABO, Mr. PAYNE, Mr. HONDA, Mr. BERMAN, Mr. 
MCDERMOTT, Ms. HARMAN, Ms. SLAUGHTER, Mr. VAN HOLLEN, and 
Ms. WOOLSEY) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Agri-
culture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend title 18, United States Code, to strengthen 
prohibitions against animal fighting, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Animal Fighting Pro-
hibition Enforcement Act of 2005’’.
SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBI-
TIONS. 
(a) IN GENERAL.—Chapter 3 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 49. Animal fighting prohibition 
‘‘(a) SPONSORING OR EXHIBITING AN ANIMAL IN AN 
ANIMAL FIGHTING VENTURE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for any person to 
knowingly sponsor or exhibit an animal in an animal 
fighting venture, if any animal in the venture was 
moved in interstate or foreign commerce. 
‘‘(2) SPECIAL RULE FOR CERTAIN STATES.—
With respect to fighting ventures involving live birds 
in a State where it would not be in violation of the 
law, it shall be unlawful under this subsection for a 
person to sponsor or exhibit a bird in the fighting 
venture only if the person knew that any bird in the 
fighting venture was knowingly bought, sold, deliv-
ered, transported, or received in interstate or foreign 
commerce for the purpose of participation in the 
fighting venture. 
‘‘(b) BUYING, SELLING, DELIVERING, OR TRANS-
PORTING
ANIMALS
FOR
PARTICIPATION
IN
ANIMAL 
FIGHTING VENTURE.—It shall be unlawful for any person
to knowingly sell, buy, transport, or deliver, or receive for 
purposes of transportation, in interstate or foreign com-
merce, any dog or other animal for purposes of having 
the dog or other animal participate in an animal fighting 
venture. 
‘‘(c) USE OF POSTAL SERVICE OR OTHER INTER-
STATE
INSTRUMENTALITY
FOR
PROMOTING
ANIMAL 
FIGHTING VENTURE.—It shall be unlawful for any person 
to knowingly use the mail service of the United States 
Postal Service or any instrumentality of interstate com-
merce for commercial speech promoting an animal fighting 
venture except as performed outside the limits of the 
States of the United States. 
‘‘(d) VIOLATION OF STATE LAW.—Notwithstanding 
subsection (c), the activities prohibited by such subsection 
shall be unlawful with respect to fighting ventures involv-
ing live birds only if the fight is to take place in a State 
where it would be in violation of the laws thereof. 
‘‘(e) SHARP INSTRUMENTS.—It shall be unlawful for 
any person to knowingly sell, buy, transport, or deliver in 
interstate or foreign commerce a knife, a gaff, or any 
other sharp instrument attached, or designed or intended 
to be attached, to the leg of a bird for use in an animal 
fighting venture.
‘‘(f) PENALTIES.—Any person who violates sub-
section (a), (b), (c), or (e) shall be fined under this title 
or imprisoned for not more than 2 years, or both, for each 
such violation. 
‘‘(g) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘animal fighting venture’ means 
any event which involves a fight between at least two 
animals and is conducted for purposes of sport, wa-
gering, or entertainment except that the term ‘ani-
mal fighting venture’ shall not be deemed to include 
any activity the primary purpose of which involves 
the use of one or more animals in hunting another 
animal or animals, such as waterfowl, bird, raccoon, 
or fox hunting; 
‘‘(2) the term ‘instrumentality of interstate 
commerce’ means any written, wire, radio, television 
or other form of communication in, or using a facil-
ity of, interstate commerce; 
‘‘(3) the term ‘State’ means any State of the 
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, and any territory or pos-
session of the United States; and 
‘‘(4) the term ‘animal’ means any live bird, or 
any live dog or other mammal, except man.
‘‘(h) CONFLICT WITH STATE LAW.—The provisions 
of this section do not supersede or otherwise invalidate 
any such State, local, or municipal legislation or ordinance 
relating to animal fighting ventures except in case of a 
direct and irreconcilable conflict between any requirements 
thereunder and this section or any rule, regulation, or 
standard hereunder.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for chapter 3 of title 18, is amended by inserting after 
the item relating to section 48 the following:
‘‘49. Animal fighting prohibition.’’.
(c) REPEAL OF CRIMINAL PENALTY IN THE ANIMAL 
WELFARE ACT.—Section 26 of the Animal Welfare Act 
(7 U.S.C. 2156) is amended by striking subsection (e).
Æ