§ 43. Force, violence, and threats involving animal enterprises

Footnotes

1. 1 So in original. Probably should be “subsection”.
2. 2 So in original. Probably should be preceded by “for”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Animal Enterprise Protection Act of 1992

   Pub. L. 102–346 § 2(a) · 106 Stat. 928

   Enacted · 18 U.S.C. § 43

   Added Pub. L. 102–346, § 2(a), Aug. 26, 1992, 106 Stat. 928

   Source evidence

   Code source credit
   Added Pub. L. 102–346, § 2(a), Aug. 26, 1992, 106 Stat. 928

   Enacted provision · exact public law section
   (a) In General.— Title 18, United States Code, is amended by inserting after section 42 the following: “§ 43. Animal enterprise terrorism “(a) Offense.— Whoever— “(1) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in interstate or foreign commerce, for the purpose of causing physical disruption to the functioning of an animal enterprise; and “(2) intentionally causes physical disruption to the functioning of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property (including animals or records) used by the animal enterprise, and thereby causes economic damage exceeding $10,000 to that enterprise, or conspires to do so; shall be fined under this title or imprisoned not more than one year, or both. “(b) Aggravated Offense.— “(1) Serious bodily injury.— Whoever in the course of a violation of subsection (a) causes serious bodily injury to another individual shall be fined under this title or imprisoned not more than 10 years, or both. “(2) Death.— Whoever in the course of a violation of subsection (a) causes the death of an individual shall be fined under this title and imprisoned for life or for any term of years. “(c) Restitution.— An order of restitution under section 3663 of this title with respect to a violation of this section may also include restitution— “(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense; and “(2) the loss of food production or farm income reasonably attributable to the offense. “(d) Definitions.— As used in this section— (1) the term ‘animal enterprise’ means— “(A) a commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, or testing; “(B) a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or “(C) any fair or similar event intended to advance agricultural arts and sciences; “(2) the term ‘physical disruption’ does not include any lawful disruption that results from lawful public, governmental, or animal enterprise employee reaction to the disclosure of information about an animal enterprise; “(3) the term ‘economic damage’ means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, or the loss of profits; and “(4) the term ‘serious bodily injury’ has the meaning given that term in section 1365 of this title. “(e) Non-Preemption.— Nothing in this section preempts any State law.”.

2. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 title VI § 601(r)(3) · 110 Stat. 3488

   Inserted · 18 U.S.C. § 43(c)

   Pub. L. 104–294 inserted “or 3663A” after “section 3663” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–294 inserted “or 3663A” after “section 3663” in introductory provisions.

   Enacted provision · exact public law section
   (3) Animal enterprise terrorism.— Section 43(c) of title 18, United States Code, is amended by inserting after “3663” the following: “or 3663A”.

3. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 336(a) · 116 Stat. 594

   Substituted · 18 U.S.C. § 43(a)

   Pub. L. 107–188, § 336(a), amended heading and text of subsec. (a) generally, deleting par. (2) reference to intentionally stealing and to requirement that economic damage exceed $10,000, and in concluding provisions substituting reference to punishment under subsec. (b) for reference to fine or imprisonment of not more than one year

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–188, § 336(a), amended heading and text of subsec. (a) generally, deleting par. (2) reference to intentionally stealing and to requirement that economic damage exceed $10,000, and in concluding provisions substituting reference to punishment under subsec. (b) for reference to fine or imprisonment of not more than one year.

   Enacted provision · exact public law section
   (a) In General.— Section 43(a) of title 18, United States Code, is amended to read as follows: “(a) Offense.— Whoever— “(1) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in interstate or foreign commerce for the purpose of causing physical disruption to the functioning of an animal enterprise; and “(2) intentionally damages or causes the loss of any property (including animals or records) used by the animal enterprise, or conspires to do so, shall be punished as provided for in subsection (b).”.

4. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 336(b) · 116 Stat. 594

   1. Amended · 18 U.S.C. § 43(b)

      Pub. L. 107–188, § 336(b), amended subsec. (b) generally

   2. Substituted · 18 U.S.C. § 43(b)

      Pub. L. 107–188, § 336(b), substituting “Penalties” for “Aggravated Offense” in heading and list of penalties for property damage, personal injury and death for reference to serious bodily injury and death in text

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–188, § 336(b), amended subsec. (b) generally, substituting “Penalties” for “Aggravated Offense” in heading and list of penalties for property damage, personal injury and death for reference to serious bodily injury and death in text.

   Enacted provision · exact public law section
   (b) Penalties.— Section 43(b) of title 18, United States Code, is amended to read as follows: “(b) Penalties.— “(1) Economic damage.— Any person who, in the course of a violation of subsection (a), causes economic damage not exceeding $10,000 to an animal enterprise shall be fined under this title or imprisoned not more than 6 months, or both. “(2) Major economic damage.— Any person who, in the course of a violation of subsection (a), causes economic damage exceeding $10,000 to an animal enterprise shall be fined under this title or imprisoned not more than 3 years, or both. “(3) Serious bodily injury.— Any person who, in the course of a violation of subsection (a), causes serious bodily injury to another individual shall be fined under this title or imprisoned not more than 20 years, or both. “(4) Death.— Any person who, in the course of a violation of subsection (a), causes the death of an individual shall be fined under this title and imprisoned for life or for any term of years.”.

5. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 336(c) · 116 Stat. 594

   Added · 18 U.S.C. § 43(c)(3)

   Pub. L. 107–188, § 336(c), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 107–188, § 336(c), added par. (3).

   Enacted provision · exact public law section
   (c) Restitution.— Section 43(c) of title 18, United States Code, is amended— (1) in paragraph (1), by striking “and” at the end; (2) in paragraph (2), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(3) for any other economic damage resulting from the offense.”.

6. 2006

   Animal Enterprise Terrorism Act

   Pub. L. 109–374 § 2(a) · 120 Stat. 2652

   1. Amended · 18 U.S.C. § 43

      Pub. L. 109–374 amended section catchline and text generally

   2. Substituted · 18 U.S.C. § 43

      Pub. L. 109–374 substituting provisions relating to force, violence, and threats involving animal enterprises for provisions relating to animal enterprise terrorism

   Source evidence

   Code amendment note
   Pub. L. 109–374 amended section catchline and text generally, substituting provisions relating to force, violence, and threats involving animal enterprises for provisions relating to animal enterprise terrorism.

   Enacted provision · exact public law section
   (a) In General.— Section 43 of title 18, United States Code, is amended to read as follows: “§ 43. Force, violence, and threats involving animal enterprises “(a) Offense.— Whoever travels in interstate or foreign commerce, 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 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). “(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— “(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 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) 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 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) 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.” .

8 of 8 references resolved to an enrolled provision