18 USC 43 – Force, violence, and threats involving animal enterprises
(a)
(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 enterprise;
(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, harassment, or intimidation; or
(C) conspires or attempts to do so;
shall be punished as provided for in subsection (b).
Terms Used In 18 USC 43
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- foreign commerce: as used in this title , includes commerce with a foreign country. See 18 USC 10
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Personal property: All property that is not real property.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
(b)
(1) a fine under this title or imprisonment not 2 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 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)
(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 income 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)
(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 to, relationship with, or transactions with the animal enterprise; 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)
(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.