Animal Enterprise Terrorism Act - Rewrites federal criminal code provisions regarding animal enterprise terrorism to prohibit anyone from traveling in, or using the mail or any facility of, interstate or foreign commerce for the purpose of damaging or disrupting an animal enterprise and, in connection with such purpose: (1) intentionally damaging, disrupting, or causing the loss of property used by or owned in connection with such enterprise; (2) intentionally placing a person in reasonable fear of death or serious bodily injury to that person or a family member through threats, vandalism, property damage, trespass, harassment, or intimidation; or (3) conspiring or attempting to do so. Prescribes escalating penalties.
Authorizes restitution for: (1) the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of such offense; (2) the loss of food production or farm income reasonably attributable to such offense; and (3) any other economic damage, including any losses or costs caused by economic disruption, resulting from such offense.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4239 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4239
To provide the Department of Justice the necessary authority to
apprehend, prosecute, and convict individuals committing animal
enterprise terror.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 4, 2005
Mr. Petri (for himself, Mr. Issa, Mr. McCotter, Mr. Cannon, Mr.
Bonilla, Mr. Cunningham, Mr. Calvert, Mr. Otter, Mr. Boren, Mrs.
Blackburn, Mr. Doolittle, and Mr. Sensenbrenner) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide the Department of Justice the necessary authority to
apprehend, prosecute, 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 DISRUPTION 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:
``Sec. 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 disrupting an animal
enterprise; and
``(2) in connection with such purpose--
``(A) intentionally damages, disrupts, or causes
the loss of any property (including animals or records)
used by the animal enterprise, or any property of a
person or entity having a connection to, relationship
with, or transactions with the 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, trespass,
harassment, or intimidation; or
``(C) conspires or attempts to do so;
shall be punished as provided for in subsection (b).
``(b) Penalties.--
``(1) Economic damage.--Any person who, in the course of a
violation of subsection (a) causes economic damage not
exceeding $10,000 shall be fined under this title or imprisoned
not more than 1 year, or both.
``(2) Significant economic damage or economic disruption.--
Any person who, in the course of a violation of subsection (a),
causes economic damage or economic disruption exceeding $10,000
but not exceeding $100,000 shall be fined under this title or
imprisoned not more than 5 years, or both.
``(3) Major economic damage or economic disruption.--Any
person who, in the course of a violation of subsection (a),
causes economic damage or economic disruption exceeding
$100,000 shall be fined under this title or imprisoned not more
than 10 years, or both.
``(4) Significant bodily injury or threats.--Any person
who, in the course of a violation of subsection (a), causes
significant bodily injury to another individual or
intentionally instills in another the reasonable fear of death
or serious bodily injury shall be fined under this title or
imprisoned not more than 5 years, or both.
``(5) 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.
``(6) 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 shall be imprisoned for life or for
any term of years.
``(7) Conspiracy and attempt.--Any person who conspires or
attempts to commit an offense under subsection (a) shall be
subject to the same penalties as those prescribed for the
substantive offense.
``(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) 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, 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' 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;
``(4) the term `economic disruption'--
``(A) means losses and increased costs that
individually or collectively exceed $10,000, 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; and
``(B) does not include any lawful economic
disruption that results from lawful public,
governmental, or business reaction to the disclosure of
information about an animal enterprise;
``(5) 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
``(6) the term `significant 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) Non-Preemption.--Nothing in this section preempts any State
law.''.
(b) Conforming Amendment.--Section 2516(1)(c) of title 18, United
States Code, is amended by inserting ``section 43 (force, violence and
threats involving animal enterprises),'' before ``section 201 (bribery
of public officials and witnesses)''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E2276)
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee Hearings Held.
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