H. Res. 1712 
In the House of Representatives, U. S., 
November 15, 2010. 
Resolved, That upon the adoption of this resolution, the 
House shall be considered to have taken from the Speaker’s 
table the bill H.R. 5566 and amendment of the Senate there-
to, and to have concurred in the amendment of the Senate 
to the text with an amendment as follows: 
In lieu of the matter proposed to be inserted by the Sen-
ate, insert the following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Animal Crush Video Pro-
hibition Act of 2010’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The United States has a long history of prohib-
iting the interstate sale, marketing, advertising, ex-
change, and distribution of obscene material and speech 
that is integral to criminal conduct.
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(2) The Federal Government and the States have a 
compelling interest in preventing intentional acts of ex-
treme animal cruelty. 
(3) Each of the several States and the District of 
Columbia criminalize intentional acts of extreme animal 
cruelty, such as the intentional crushing, burning, 
drowning, suffocating, or impaling of animals for no so-
cially redeeming purpose. 
(4) There are certain extreme acts of animal cruelty 
that appeal to a specific sexual fetish. These acts of ex-
treme animal cruelty are videotaped, and the resulting 
video tapes are commonly referred to as ‘‘animal crush 
videos’’. 
(5) The Supreme Court of the United States has 
long held that obscenity is an exception to speech pro-
tected under the First Amendment to the Constitution 
of the United States. 
(6) In the judgment of Congress, many animal 
crush videos are obscene in the sense that the depictions, 
taken as a whole— 
(A) appeal to the prurient interest in sex; 
(B) are patently offensive; and 
(C) lack serious literary, artistic, political, or 
scientific value.
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(7) Serious criminal acts of extreme animal cruelty 
are integral to the creation, sale, distribution, adver-
tising, marketing, and exchange of animal crush videos. 
(8) The creation, sale, distribution, advertising, 
marketing, and exchange of animal crush videos is in-
trinsically related and integral to creating an incentive 
for, directly causing, and perpetuating demand for the 
serious acts of extreme animal cruelty the videos depict. 
The primary reason for those criminal acts is the cre-
ation, sale, distribution, advertising, marketing, and ex-
change of the animal crush video image. 
(9) The serious acts of extreme animal cruelty nec-
essary to make animal crush videos are committed in a 
clandestine manner that— 
(A) allows the perpetrators of such crimes to 
remain anonymous; 
(B) makes it extraordinarily difficult to estab-
lish the jurisdiction within which the underlying 
criminal acts of extreme animal cruelty occurred; 
and 
(C) often precludes proof that the criminal acts 
occurred within the statute of limitations. 
(10) Each of the difficulties described in paragraph 
(9) seriously frustrates and impedes the ability of State
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authorities to enforce the criminal statutes prohibiting 
such behavior. 
SEC. 3. ANIMAL CRUSH VIDEOS. 
(a) IN GENERAL.—Section 48 of title 18, United States 
Code, is amended to read as follows: 
‘‘§ 48. Animal crush videos 
‘‘(a) DEFINITION.—In this section the term ‘animal 
crush video’ means any photograph, motion-picture film, 
video or digital recording, or electronic image that— 
‘‘(1) depicts actual conduct in which 1 or more liv-
ing non-human mammals, birds, reptiles, or amphibians 
is intentionally crushed, burned, drowned, suffocated, 
impaled, or otherwise subjected to serious bodily injury 
(as defined in section 1365 and including conduct that, 
if committed against a person and in the special mari-
time and territorial jurisdiction of the United States, 
would violate section 2241 or 2242); and 
‘‘(2) is obscene. 
‘‘(b) PROHIBITIONS.— 
‘‘(1) CREATION
OF
ANIMAL
CRUSH
VIDEOS.—It 
shall be unlawful for any person to knowingly create an 
animal crush video, if— 
‘‘(A) the person intends or has reason to know 
that the animal crush video will be distributed in,
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or using a means or facility of, interstate or foreign 
commerce; or 
‘‘(B) the animal crush video is distributed in, 
or using a means or facility of, interstate or foreign 
commerce. 
‘‘(2) DISTRIBUTION OF ANIMAL CRUSH VIDEOS.—It 
shall be unlawful for any person to knowingly sell, mar-
ket, advertise, exchange, or distribute an animal crush 
video in, or using a means or facility of, interstate or 
foreign commerce. 
‘‘(c) EXTRATERRITORIAL APPLICATION.—Subsection (b) 
shall apply to the knowing sale, marketing, advertising, ex-
change, distribution, or creation of an animal crush video 
outside of the United States, if— 
‘‘(1) the person engaging in such conduct intends or 
has reason to know that the animal crush video will be 
transported into the United States or its territories or 
possessions; or 
‘‘(2) the animal crush video is transported into the 
United States or its territories or possessions. 
‘‘(d) PENALTY.—Any person who violates subsection (b) 
shall be fined under this title, imprisoned for not more than 
7 years, or both. 
‘‘(e) EXCEPTIONS.—
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‘‘(1) IN
GENERAL.—This section shall not apply 
with regard to any visual depiction of— 
‘‘(A) customary and normal veterinary or agri-
cultural husbandry practices; 
‘‘(B) the slaughter of animals for food; or 
‘‘(C) hunting, trapping, or fishing. 
‘‘(2) GOOD-FAITH
DISTRIBUTION.—This section 
shall not apply to the good-faith distribution of an ani-
mal crush video to— 
‘‘(A) a law enforcement agency; or 
‘‘(B) a third party for the sole purpose of anal-
ysis to determine if referral to a law enforcement 
agency is appropriate. 
‘‘(f) NO PREEMPTION.—Nothing in this section shall be 
construed to preempt the law of any State or local subdivision 
thereof to protect animals.’’. 
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 48 in the table of sections for chapter 3 of title 18, 
United States Code, is amended to read as follows: 
‘‘48. Animal crush videos.’’. 
(c) SEVERABILITY.—If any provision of section 48 of 
title 18, United States Code (as amended by this section), or 
the application of the provision to any person or cir-
cumstance, is held to be unconstitutional, the provision and 
the application of the provision to other persons or cir-
cumstances shall not be affected thereby.
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SEC. 4. PAYGO COMPLIANCE. 
The budgetary effects of this Act, for purposes of com-
plying with the Statutory Pay-As-You-Go Act of 2010, shall 
be determined by reference to the latest statement titled 
‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 
jointly submitted for printing in the Congressional Record by 
the Chairmen of the House and Senate Budget Committees, 
provided that such statement has been submitted prior to the 
vote on passage in the House acting first on this conference 
report or amendments between the Houses. 
Attest: 
Clerk.