978 
ship with, or transactions with an animal enter-
prise; or 
‘‘(B) intentionally places a person in rea-
sonable fear of the death of, or serious bodily 
injury to that person, a member of the family 
(as defined in section 136) of that person, or a 
spouse or intimate partner of that person by a 
course of conduct involving threats, acts of van-
dalism, property damage, criminal trespass, 
harassment, or intimidation; 
shall be punished as provided for in subsection (b). 
‘‘(b) PENALTIES.—The punishment for a violation of 
subsection (a) is— 
‘‘(1) a fine under this title or imprisonment for 
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 dam-
age 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— 
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‘‘(A) the offense results in economic dam-
age exceeding $10,000 but not exceeding 
$100,000; or 
‘‘(B) the offense instills in another the rea-
sonable 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 dam-
age exceeding $100,000; or 
‘‘(B) the offense results in substantial bod-
ily 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 dam-
age 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 
this title with respect to a violation of this section may 
also include restitution— 
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‘‘(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 in-
come 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 pat-
tern of conduct composed of 2 or more acts, evidenc-
ing a continuity of purpose; 
‘‘(3) the term ‘economic damage’— 
‘‘(A) means the replacement costs of lost 
or damaged property or records, the costs of re-
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peating an interrupted or invalidated experi-
ment, the loss of profits, or increased costs, in-
cluding losses and increased costs resulting 
from threats, acts or vandalism, property dam-
age, 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 enter-
prise; but 
‘‘(B) does not include any lawful economic 
disruption (including a lawful boycott) that re-
sults from lawful public, governmental, or busi-
ness reaction to the disclosure of information 
about an animal enterprise; 
‘‘(4) the term ‘substantial bodily injury’ 
means— 
‘‘(A) deep cuts and serious burns or abra-
sions; 
‘‘(B) short-term or nonobvious disfigure-
ment; 
‘‘(C) fractured or dislocated bones, or torn 
members of the body; 
‘‘(D) significant physical pain; 
‘‘(E) illness; 
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‘‘(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 (includ-
ing peaceful picketing or other peaceful demonstra-
tion) protected from legal prohibition by the First 
Amendment to the Constitution; or 
‘‘(2) to create new remedies for interference 
with activities protected by the free speech or free 
exercise clauses of the First Amendment to the Con-
stitution, regardless of the point of view expressed, 
or to limit any existing legal remedies for such inter-
ference. 
‘‘§ 1374. Use of aircraft or motor vehicles to hunt cer-
tain wild horses or burros; pollution of 
watering holes 
‘‘(a) AIRCRAFT FOR HUNTING.—Whoever uses an 
aircraft or a motor vehicle to hunt, for the purpose of cap-
turing or killing, any wild unbranded horse, mare, colt, 
or burro running at large on any of the public land or 
ranges shall be imprisoned not more than six months. 
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‘‘(b) POLLUTION OF WATERING HOLES.—Whoever 
pollutes or causes the pollution of any watering hole on 
any of the public land or ranges for the purpose of trap-
ping, killing, wounding, or maiming any of the animals 
referred to in subsection (a) of this section shall be impris-
oned not more than six months. 
‘‘(c) DEFINITIONS.—As used in subsection (a) of this 
section— 
‘‘(1) the term ‘aircraft’ means any contrivance 
used for flight in the air; and 
‘‘(2) the term ‘motor vehicle’ includes an auto-
mobile, automobile truck, automobile wagon, motor-
cycle, or any other self-propelled vehicle designed for 
running on land. 
‘‘§ 1375. 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 
living non-human mammals, birds, reptiles, or am-
phibians is intentionally crushed, burned, drowned, 
suffocated, impaled, or otherwise subjected to seri-
ous bodily injury; and 
‘‘(2) is obscene. 
‘‘(b) PROHIBITIONS.— 
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‘‘(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 dis-
tributed in, 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
VID-
EOS.—It shall be unlawful for any person to know-
ingly sell, market, advertise, exchange, or distribute 
an animal crush video in, or using a means or facil-
ity of, interstate or foreign commerce. 
‘‘(c) EXTRATERRITORIAL APPLICATION.—Subsection 
(b) applies 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 in-
tends 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. 
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‘‘(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.— 
‘‘(1) IN GENERAL.—This section does not apply 
with regard to any visual depiction of— 
‘‘(A) customary and normal veterinary or 
agricultural husbandry practices; 
‘‘(B) the slaughter of animals for food; or 
‘‘(C) hunting, trapping, or fishing. 
‘‘(2) GOOD-FAITH DISTRIBUTION.—This section 
does not apply to the good-faith distribution of an 
animal crush video to— 
‘‘(A) a law enforcement agency; or 
‘‘(B) a third party for the sole purpose of 
analysis to determine if referral to a law en-
forcement agency is appropriate. 
‘‘§ 1376. Enforcement of animal fighting prohibitions 
‘‘Whoever violates subsection (a), (b), (c), or (e) of 
section 26 of the Animal Welfare Act shall be imprisoned 
for not more than 5 years. 
‘‘SUBCHAPTER B—GAMBLING 
‘‘Sec. 
‘‘1381. Transmission of wagering information; penalties. 
‘‘1382. Definitions. 
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‘‘§ 1381. Transmission of wagering information; pen-
alties 
‘‘(a) OFFENSE.—Whoever, being engaged in the busi-
ness of betting or wagering, knowingly uses a wire commu-
nication facility for the transmission in interstate or for-
eign commerce of bets or wagers or information assisting 
in the placing of bets or wagers on any sporting event or 
contest, or for the transmission of a wire communication 
which entitles the recipient to receive money or credit as 
a result of bets or wagers, or for information assisting in 
the placing of bets or wagers, shall be imprisoned not more 
than two years. 
‘‘(b) EXCLUSION.—Nothing in this section shall be 
construed to prevent the transmission in interstate or for-
eign commerce of information for use in news reporting 
of sporting events or contests, or for the transmission of 
information assisting in the placing of bets or wagers on 
a sporting event or contest from a State or foreign country 
where betting on that sporting event or contest is legal 
into a State or foreign country in which such betting is 
legal. 
‘‘(c) NOTIFICATION TO COMMON CARRIER.—When 
any common carrier, subject to the jurisdiction of the Fed-
eral Communications Commission, is notified in writing by 
a Federal, State, or local law enforcement agency, acting 
within its jurisdiction, that any facility furnished by it is 
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being used or will be used for the purpose of transmitting 
or receiving gambling information in interstate or foreign 
commerce in violation of Federal, State or local law, it 
shall discontinue or refuse, the leasing, furnishing, or 
maintaining of such facility, after reasonable notice to the 
subscriber, but no damages, penalty or forfeiture, civil or 
criminal, shall be found against any common carrier for 
any act done in compliance with any notice received from 
a law enforcement agency. Nothing in this section preju-
dices the right of any person affected thereby to secure 
an appropriate determination, as otherwise provided by 
law, in a Federal court or in a State or local tribunal or 
agency, that such facility should not be discontinued or 
removed, or should be restored. 
‘‘§ 1382. Definition 
‘‘As used in this subchapter, the term ‘wire commu-
nication facility’ means any and all instrumentalities, per-
sonnel, and services (among other things, the receipt, for-
warding, or delivery of communications) used or useful in 
the transmission of writings, signs, pictures, and sounds 
of all kinds by aid of wire, cable, or other like connection 
between the points of origin and reception of such trans-
mission. 
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‘‘SUBCHAPTER C—PROTECTION OF TRADE 
SECRETS 
‘‘1391. Economic espionage. 
‘‘1392. Theft of trade secrets. 
‘‘1393. Exceptions to prohibitions. 
‘‘1394. Orders to preserve confidentiality. 
‘‘1395. Civil proceedings to enjoin violations. 
‘‘1396. Applicability to conduct outside the United States. 
‘‘1397. Definitions. 
‘‘§ 1391. Economic espionage 
‘‘(a) IN GENERAL.—Whoever, intending or knowing 
that the offense will benefit any foreign government, for-
eign instrumentality, or foreign agent, knowingly— 
‘‘(1) steals, or without authorization appro-
priates, takes, carries away, or conceals, or by fraud, 
artifice, or deception obtains a trade secret; 
‘‘(2) without authorization copies, duplicates, 
sketches, draws, photographs, downloads, uploads, 
alters, destroys, photocopies, replicates, transmits, 
delivers, sends, mails, communicates, or conveys a 
trade secret; or 
‘‘(3) receives, buys, or possesses a trade secret, 
knowing the same to have been stolen or appro-
priated, obtained, or converted without authoriza-
tion; 
shall, except as provided in subsection (b), be imprisoned 
not more than 15 years. 
‘‘(b) ORGANIZATIONS.—Any organization that com-
mits any offense described in subsection (a) shall be fined 
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not more than the greater of $10,000,000 or 3 times the 
value of the stolen trade secret to the organization, includ-
ing expenses for research and design and other costs of 
reproducing the trade secret that the organization has 
thereby avoided. 
‘‘§ 1392. Theft of trade secrets 
‘‘(a) OFFENSE.—Whoever, with intent to convert a 
trade secret, that is related to a product or service used 
in or intended for use in interstate or foreign commerce, 
to the economic benefit of anyone other than the owner 
thereof, and intending or knowing that the offense will, 
injure any owner of that trade secret, knowingly— 
‘‘(1) steals, or without authorization appro-
priates, takes, carries away, or conceals, or by fraud, 
artifice, or deception obtains such information; 
‘‘(2) without authorization copies, duplicates, 
sketches, draws, photographs, downloads, uploads, 
alters, destroys, photocopies, replicates, transmits, 
delivers, sends, mails, communicates, or conveys 
such information; or 
‘‘(3) receives, buys, or possesses such informa-
tion, knowing the same to have been stolen or appro-
priated, obtained, or converted without authoriza-
tion; 
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shall, except as provided in subsection (b), be imprisoned 
not more than 10 years. 
‘‘(b) ORGANIZATIONS.—Any organization that com-
mits any offense described in subsection (a) shall be fined 
not more than $5,000,000. 
‘‘§ 1393. Exceptions to prohibitions 
‘‘This subchapter does not prohibit— 
‘‘(1) any otherwise lawful activity conducted by 
a governmental entity of the United States, a State, 
or a political subdivision of a State; or 
‘‘(2) the reporting of a suspected violation of 
law to any governmental entity of the United States, 
a State, or a political subdivision of a State, if such 
entity has lawful authority with respect to that viola-
tion. 
‘‘§ 1394. Orders to preserve confidentiality 
‘‘In any prosecution or other proceeding under this 
subchapter and any forfeiture relating to a violation of this 
subchapter, the court shall enter such orders and take 
such other action as may be necessary and appropriate 
to preserve the confidentiality of trade secrets, consistent 
with the requirements of the Federal Rules of Criminal 
and Civil Procedure, the Federal Rules of Evidence, and 
all other applicable laws. An interlocutory appeal by the 
United States shall lie from a decision or order of a dis-
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trict court authorizing or directing the disclosure of any 
trade secret. 
‘‘§ 1395. Civil proceedings to enjoin violations 
‘‘(a) CIVIL ACTION.—The Attorney General may, in 
a civil action, obtain appropriate injunctive relief against 
any violation of this subchapter. 
‘‘(b) EXCLUSIVE JURISDICTION.—The district courts 
of the United States shall have exclusive original jurisdic-
tion of civil actions under this section. 
‘‘§ 1396. Applicability to conduct outside the United 
States 
‘‘This subchapter also applies to conduct occurring 
outside the United States if— 
‘‘(1) the offender is a natural person who is a 
citizen or permanent resident alien of the United 
States, or an organization organized under the laws 
of the United States or a State or political subdivi-
sion thereof; or 
‘‘(2) an act in furtherance of the offense was 
committed in the United States. 
‘‘§ 1397. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘foreign instrumentality’ means 
any agency, bureau, ministry, component, institu-
tion, association, or any legal, commercial, or busi-
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ness organization, corporation, firm, or entity that is 
substantially owned, controlled, sponsored, com-
manded, managed, or dominated by a foreign gov-
ernment; 
‘‘(2) the term ‘foreign agent’ means any officer, 
employee, proxy, servant, delegate, or representative 
of a foreign government; 
‘‘(3) the term ‘trade secret’ means all forms 
and types of financial, business, scientific, technical, 
economic, or engineering information, including pat-
terns, plans, compilations, program devices, for-
mulas, designs, prototypes, methods, techniques, 
processes, procedures, programs, or codes, whether 
tangible or intangible, and whether or how stored, 
compiled, or memorialized physically, electronically, 
graphically, photographically, or in writing if— 
‘‘(A) the owner thereof has taken reason-
able measures to keep such information secret; 
and 
‘‘(B) the information derives independent 
economic value, actual or potential, from not 
being generally known to, and not being readily 
ascertainable through proper means by, the 
public; and 
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‘‘(2) a declaration of the specific purpose of the 
receipt (personal use, resale, or delivery to another); 
and 
‘‘(3) a declaration of the name and address of 
the recipient’s principal in all cases when the recipi-
ent is acting as an agent. 
Such information shall be contained on business records 
kept in the normal course of business. 
‘‘(b) REPORTING.—Whoever, except for a tribal gov-
ernment, engages in a delivery sale, and who ships, sells, 
or distributes any quantity in excess of 10,000 cigarettes, 
or any quantity in excess of 500 single-unit consumer- 
sized cans or packages of smokeless tobacco, or their 
equivalent, within a single month, shall submit to the At-
torney General, pursuant to rules or regulations pre-
scribed by the Attorney General, a report that sets forth 
the following: 
‘‘(1) The person’s beginning and ending inven-
tory of cigarettes and cans or packages of smokeless 
tobacco (in total) for such month. 
‘‘(2) The total quantity of cigarettes and cans 
or packages of smokeless tobacco that the person re-
ceived within such month from each other person 
(itemized by name and address). 
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