Crimes and Criminal Procedure - 18 USC Section 43

01/19/04

Sec. 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 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).
(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.
(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 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 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.

AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-188, Sec. 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.
Subsec. (b). Pub. L. 107-188, Sec. 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.
Subsec. (c)(3). Pub. L. 107-188, Sec. 336(c), added par. (3).
1996 - Subsec. (c). Pub. L. 104-294 inserted "or 3663A" after
"section 3663" in introductory provisions.

SHORT TITLE
Section 1 of Pub. L. 102-346 provided that: "This Act [enacting
this section and provisions set out below] may be cited as the
'Animal Enterprise Protection Act of 1992'."

STUDY OF EFFECT OF TERRORISM ON CERTAIN ANIMAL ENTERPRISES
Section 3 of Pub. L. 102-346 directed Attorney General and
Secretary of Agriculture to jointly conduct a study on extent and
effects of domestic and international terrorism on enterprises
using animals for food or fiber production, agriculture, research,
or testing, and, not later than 1 year after Aug. 26, 1992, submit
a report that describes the results of the study together with any
appropriate recommendations and legislation to Congress.

Last modified: April 12, 2006