Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce.
Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture.
Increases the penalties to a fine and up to two years' imprisonment for violations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 817 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 817
To amend title 18, United States Code, to strengthen prohibitions
against animal fighting, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2005
Mr. Green of Wisconsin (for himself, Mr. Bartlett of Maryland, Mr.
Chabot, Mr. Chocola, Mr. Gallegly, Mr. Blumenauer, Mr. Andrews, Mr.
Conyers, Mr. Scott of Virginia, Mr. Peterson of Minnesota, Mr. Kolbe,
Mr. Moran of Virginia, Mr. Bass, Mr. Sanders, Mrs. Kelly, Mr. Owens,
Mr. Platts, Mr. McNulty, Mrs. Johnson of Connecticut, Mr. Sabo, Mr.
Payne, Mr. Honda, Mr. Berman, Mr. McDermott, Ms. Harman, Ms. Slaughter,
Mr. Van Hollen, and Ms. Woolsey) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to strengthen prohibitions
against animal fighting, and for other purposes.
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 Fighting Prohibition
Enforcement Act of 2005''.
SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.
(a) In General.--Chapter 3 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 49. Animal fighting prohibition
``(a) Sponsoring or Exhibiting an Animal in an Animal Fighting
Venture.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly sponsor or
exhibit an animal in an animal fighting venture, if any animal
in the venture was moved in interstate or foreign commerce.
``(2) Special rule for certain states.--With respect to
fighting ventures involving live birds in a State where it
would not be in violation of the law, it shall be unlawful
under this subsection for a person to sponsor or exhibit a bird
in the fighting venture only if the person knew that any bird
in the fighting venture was knowingly bought, sold, delivered,
transported, or received in interstate or foreign commerce for
the purpose of participation in the fighting venture.
``(b) Buying, Selling, Delivering, or Transporting Animals for
Participation in Animal Fighting Venture.--It shall be unlawful for any
person to knowingly sell, buy, transport, or deliver, or receive for
purposes of transportation, in interstate or foreign commerce, any dog
or other animal for purposes of having the dog or other animal
participate in an animal fighting venture.
``(c) Use of Postal Service or Other Interstate Instrumentality for
Promoting Animal Fighting Venture.--It shall be unlawful for any person
to knowingly use the mail service of the United States Postal Service
or any instrumentality of interstate commerce for commercial speech
promoting an animal fighting venture except as performed outside the
limits of the States of the United States.
``(d) Violation of State Law.--Notwithstanding subsection (c), the
activities prohibited by such subsection shall be unlawful with respect
to fighting ventures involving live birds only if the fight is to take
place in a State where it would be in violation of the laws thereof.
``(e) Sharp Instruments.--It shall be unlawful for any person to
knowingly sell, buy, transport, or deliver in interstate or foreign
commerce a knife, a gaff, or any other sharp instrument attached, or
designed or intended to be attached, to the leg of a bird for use in an
animal fighting venture.
``(f) Penalties.--Any person who violates subsection (a), (b), (c),
or (e) shall be fined under this title or imprisoned for not more than
2 years, or both, for each such violation.
``(g) Definitions.--For purposes of this section--
``(1) the term `animal fighting venture' means any event
which involves a fight between at least two animals and is
conducted for purposes of sport, wagering, or entertainment
except that the term `animal fighting venture' shall not be
deemed to include any activity the primary purpose of which
involves the use of one or more animals in hunting another
animal or animals, such as waterfowl, bird, raccoon, or fox
hunting;
``(2) the term `instrumentality of interstate commerce'
means any written, wire, radio, television or other form of
communication in, or using a facility of, interstate commerce;
``(3) the term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States; and
``(4) the term `animal' means any live bird, or any live
dog or other mammal, except man.
``(h) Conflict With State Law.--The provisions of this section do
not supersede or otherwise invalidate any such State, local, or
municipal legislation or ordinance relating to animal fighting ventures
except in case of a direct and irreconcilable conflict between any
requirements thereunder and this section or any rule, regulation, or
standard hereunder.''.
(b) Clerical Amendment.--The table of contents for chapter 3 of
title 18, is amended by inserting after the item relating to section 48
the following:
``49. Animal fighting prohibition.''.
(c) Repeal of Criminal Penalty in the Animal Welfare Act.--Section
26 of the Animal Welfare Act (7 U.S.C. 2156) is amended by striking
subsection (e).
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Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Livestock and Horticulture.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee Hearings Held.
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