I 
111TH CONGRESS 
2D SESSION 
H. R. 5337 
To amend section 48 (relating to depiction of extreme animal cruelty) of 
title 18, United States Code, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2010 
Mr. PETERS introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend section 48 (relating to depiction of extreme animal 
cruelty) of title 18, United States Code, 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 Torture Pre-
vention Act of 2010’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The Federal Government and the several 
States have a compelling interest in preventing acts 
of extreme animal cruelty. 
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(2) Each of the several States and the District 
of Columbia criminalize intentional acts of extreme 
animal cruelty. 
(3) The clandestine nature of certain acts of ex-
treme animal cruelty allows the perpetrators of such 
crimes to remain anonymous, thus frustrating the 
ability of Federal and State authorities to enforce 
the criminal statutes prohibiting such behavior. 
(4) These criminal acts constitute an integral 
part of the production of and market for so-called 
crush videos and other depictions of extreme animal 
cruelty. 
(5) The creation, advertisement, and sale of 
crush videos and other depictions of extreme animal 
cruelty provide an economic incentive for, and are 
intrinsically related to, the underlying acts of crimi-
nal conduct. 
SEC. 3. DEPICTION OF EXTREME ANIMAL CRUELTY. 
(a) IN GENERAL.—Section 48 of title 18, United 
States Code, is amended to read as follows: 
‘‘§ 48. Depiction of extreme animal cruelty 
‘‘(a) PROHIBITION.—Whoever, in or affecting inter-
state or foreign commerce, knowingly creates, sells, dis-
tributes, or offers to sell or distribute a depiction of ex-
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treme animal cruelty shall be fined under this title or im-
prisoned not more than 5 years, or both. 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the term ‘depiction of extreme animal cru-
elty’ means any visual depiction, including any pho-
tograph, motion-picture film, video recording, or 
electronic image, that— 
‘‘(A) depicts actual conduct in which one 
or more animals is tortured, maimed, mutilated, 
or subjected to other acts of extreme animal 
cruelty, if such conduct is committed for the 
primary purpose of creating the depiction; 
‘‘(B) depicts conduct that violates a crimi-
nal prohibition of intentional cruelty to animals 
under Federal law or the law of the State in 
which the depiction is created, sold, or distrib-
uted; 
‘‘(C) appeals to the prurient interest; and 
‘‘(D) taken as a whole, does not have more 
than de minimis religious, political, scientific, 
educational, journalistic, historical, or artistic 
value; 
‘‘(2) the term ‘State’ means each of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American 
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Samoa, the Commonwealth of the Northern Mariana 
Islands, and any other commonwealth, territory, or 
possession of the United States; and 
‘‘(3) the term ‘animal’ means any live amphib-
ian, reptile, bird, or mammal, except human 
beings.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 48 in the table of sections at the beginning of 
chapter 3 of title 18, United States Code, is amended to 
read as follows: 
‘‘48. Depiction of extreme animal cruelty.’’. 
Æ 
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