Page:United States Statutes at Large Volume 124.djvu/3204

 124 STAT. 3178 PUBLIC LAW 111–294—DEC. 9, 2010 acts is the creation, sale, distribution, advertising, marketing, and exchange of the animal crush video image. (9) The serious acts of extreme animal cruelty necessary to make animal crush videos are committed in a clandestine manner that— (A) allows the perpetrators of such crimes to remain anonymous; (B) makes it extraordinarily difficult to establish the jurisdiction within which the underlying criminal acts of extreme animal cruelty occurred; and (C) often precludes proof that the criminal acts occurred within the statute of limitations. (10) Each of the difficulties described in paragraph (9) seriously frustrates and impedes the ability of State authorities to enforce the criminal statutes prohibiting such behavior. SEC. 3. ANIMAL CRUSH VIDEOS. (a) IN GENERAL.—Section 48 of title 18, United States Code, is amended to read as follows: ‘‘§ 48. Animal crush videos ‘‘(a) DEFINITION.—In this section the term ‘animal crush video’ means any photograph, motion-picture film, video or digital recording, or electronic image that— ‘‘(1) depicts actual conduct in which 1 or more living non- human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury (as defined in section 1365 and including conduct that, if committed against a person and in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242); and ‘‘(2) is obscene. ‘‘(b) PROHIBITIONS.— ‘‘(1) CREATION OF ANIMAL CRUSH VIDEOS.—It shall be unlaw- ful for any person to knowingly create an animal crush video, if— ‘‘(A) the person intends or has reason to know that the animal crush video will be distributed in, or using a means or facility of, interstate or foreign commerce; or ‘‘(B) the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce. ‘‘(2) DISTRIBUTION OF ANIMAL CRUSH VIDEOS.—It shall be unlawful for any person to knowingly sell, market, advertise, exchange, or distribute an animal crush video in, or using a means or facility of, interstate or foreign commerce. ‘‘(c) EXTRATERRITORIAL APPLICATION.—Subsection (b) shall apply to the knowing sale, marketing, advertising, exchange, dis- tribution, or creation of an animal crush video outside of the United States, if— ‘‘(1) the person engaging in such conduct intends or has reason to know that the animal crush video will be transported into the United States or its territories or possessions; or ‘‘(2) the animal crush video is transported into the United States or its territories or possessions. ‘‘(d) PENALTY.—Any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 7 years, or both. 18 USC 48.