Animal Enterprise Terrorism Act
PL 109-374 (S.3880), enacted 11/27/2006

120 STAT. 2652
PUBLIC LAW 109–374—NOV. 27, 2006
Public Law 109–374
109th Congress
An Act
To provide the Department of Justice the necessary authority to apprehend, pros-
ecute, and convict individuals committing animal enterprise terror.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Animal Enterprise Terrorism
Act’’.
SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES
AND THREATS OF DEATH AND SERIOUS BODILY INJURY
TO ASSOCIATED PERSONS.
(a) IN GENERAL.—Section 43 of title 18, United States Code,
is amended to read as follows:
‘‘§ 43. Force, violence, and threats involving animal enter-
prises
‘‘(a) OFFENSE.—Whoever travels in interstate or foreign com-
merce, or uses or causes to be used the mail or any facility of
interstate or foreign commerce—
‘‘(1) for the purpose of damaging or interfering with the
operations of an animal enterprise; and
‘‘(2) in connection with such purpose—
‘‘(A) intentionally damages or causes the loss of any
real or personal property (including animals or records)
used by an animal enterprise, or any real or personal
property of a person or entity having a connection to,
relationship with, or transactions with an animal enter-
prise;
‘‘(B) intentionally places a person in reasonable fear
of the death of, or serious bodily injury to that person,
a member of the immediate family (as defined in section
115) of that person, or a spouse or intimate partner of
that person by a course of conduct involving threats, acts
of vandalism, property damage, criminal trespass, harass-
ment, or intimidation; or
‘‘(C) conspires or attempts to do so;
shall be punished as provided for in subsection (b).
‘‘(b) PENALTIES.—The punishment for a violation of section (a)
or an attempt or conspiracy to violate subsection (a) shall be—
‘‘(1) a fine under this title or imprisonment 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—
18 USC 1 note.
Animal
Enterprise
Terrorism Act.
Nov. 27, 2006
[S. 3880]
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120 STAT. 2653
PUBLIC LAW 109–374—NOV. 27, 2006
‘‘(A) the offense results in no economic damage or bodily
injury; or
‘‘(B) the offense results in economic damage 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—
‘‘(A) the offense results in economic damage exceeding
$10,000 but not exceeding $100,000; or
‘‘(B) the offense instills in another the reasonable 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 damage exceeding
$100,000; or
‘‘(B) the offense results in substantial bodily 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 damage 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 section 3663
or 3663A of this title with respect to a violation of this section
may also include restitution—
‘‘(1) for the reasonable cost of repeating any experimen-
tation that was interrupted or invalidated as a result of the
offense;
‘‘(2) for the loss of food production or farm income reason-
ably 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 pattern of conduct
composed of 2 or more acts, evidencing a continuity of purpose;
‘‘(3) the term ‘economic damage’—
‘‘(A) means the replacement costs of lost or damaged
property or records, the costs of repeating an interrupted
or invalidated experiment, the loss of profits, or increased
costs, including losses and increased costs resulting from
threats, acts or vandalism, property damage, trespass,
harassment, or intimidation taken against a person or
entity on account of that person’s or entity’s connection
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to, relationship with, or transactions with the animal enter-
prise; but
‘‘(B) does not include any lawful economic disruption
(including a lawful boycott) that results from lawful public,
governmental, or business reaction to the disclosure of
information about an animal enterprise;
‘‘(4) the term ‘serious bodily injury’ means—
‘‘(A) injury posing a substantial risk of death;
‘‘(B) extreme physical pain;
‘‘(C) protracted and obvious disfigurement; or
‘‘(D) protracted loss or impairment of the function of
a bodily member, organ, or mental faculty; and
‘‘(5) the term ‘substantial bodily injury’ means—
‘‘(A) deep cuts and serious burns or abrasions;
‘‘(B) short-term or nonobvious disfigurement;
‘‘(C) fractured or dislocated bones, or torn members
of the body;
‘‘(D) significant physical pain;
‘‘(E) illness;
‘‘(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 (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the First Amendment to the Constitution;
‘‘(2) to create new remedies for interference with activities
protected by the free speech or free exercise clauses of the
First Amendment to the Constitution, regardless of the point
of view expressed, or to limit any existing legal remedies for
such interference; or
‘‘(3) to provide exclusive criminal penalties or civil remedies
with respect to the conduct prohibited by this action, or to
preempt State or local laws that may provide such penalties
or remedies.’’.
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120 STAT. 2655
PUBLIC LAW 109–374—NOV. 27, 2006
LEGISLATIVE HISTORY—S. 3880:
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 29, considered and passed Senate.
Nov. 13, considered and passed House.
(b) CLERICAL AMENDMENT.—The item relating to section 43
in the table of sections at the beginning of chapter 3 of title
18, United States Code, is amended to read as follows:
‘‘43. Force, violence, and threats involving animal enterprises.’’.
Approved November 27, 2006.
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