Animal Fighting Prohibition Enforcement Act of 2005
(Introduced in Senate)
S 382 IS
109th CONGRESS
1st Session
S. 382
To amend title 18, United States Code, to strengthen prohibitions against
animal fighting, and for other purposes.
IN THE SENATE OF
THE UNITED STATES
Mr. ENSIGN (for himself, Mr. SPECTER, Ms. CANTWELL, Mrs. FEINSTEIN, Mr.
DEWINE, Mr. KENNEDY, Mr. KYL, Mr. KOHL, Mr. LUGAR, Mr. VITTER, Mr. LEAHY, and
Mr. SANTORUM) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
Be it enacted by the Senate and
House of Representatives of the
This Act may be cited as the
`Animal Fighting Prohibition Enforcement Act of 2005'.
(a) In General- Chapter 3 of title
18, United States Code, is amended by adding at the end the following:
`(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).