In the Senate of the United States, 
September 28, 2010. 
Resolved, That the bill from the House of Representa-
tives (H.R. 5566) entitled ‘‘An Act to amend title 18, United 
States Code, to prohibit interstate commerce in animal crush 
videos, and for other purposes.’’, do pass with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Animal Crush Video 
Prohibition Act of 2010’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The United States has a long history of pro-
hibiting the interstate sale, marketing, advertising, 
exchange, and distribution of obscene material and 
speech that is integral to criminal conduct.
† HR 5566 EAS 
(2) The Federal Government and the States have 
a compelling interest in preventing intentional acts of 
extreme animal cruelty. 
(3) Each of the several States and the District of 
Columbia criminalize intentional acts of extreme ani-
mal cruelty, such as the intentional crushing, burn-
ing, drowning, suffocating, or impaling of animals 
for no socially redeeming purpose. 
(4) There are certain extreme acts of animal cru-
elty that appeal to a specific sexual fetish. These acts 
of extreme animal cruelty are videotaped, and the re-
sulting video tapes are commonly referred to as ‘‘ani-
mal 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 depic-
tions, 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.
† HR 5566 EAS 
(7) Serious criminal acts of extreme animal cru-
elty are integral to the creation, sale, distribution, ad-
vertising, 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 incen-
tive for, directly causing, and perpetuating demand 
for the serious acts of extreme animal cruelty the vid-
eos depict. The primary reason for those criminal acts 
is the creation, sale, distribution, advertising, mar-
keting, and exchange of the animal crush video image. 
(9) The serious acts of extreme animal cruelty 
necessary 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 es-
tablish the jurisdiction within which the under-
lying criminal acts of extreme animal cruelty oc-
curred; and 
(C) often precludes proof that the criminal 
acts occurred within the statute of limitations. 
(10) Each of the difficulties described in para-
graph (9) seriously frustrates and impedes the ability
† HR 5566 EAS 
of State 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 
living non-human mammals, birds, reptiles, or am-
phibians is intentionally crushed, burned, drowned, 
suffocated, impaled, or otherwise subjected to serious 
bodily injury (as defined in section 1365 and includ-
ing conduct that, if committed against a person and 
in the special maritime 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, or to attempt or conspire to 
do so, if—