Senate passes bill making Animal Cruelty a Felony!

[whathehell]

It's about time!

This is one of the VERY few good things this Senate has done!

[Blues Heron]

1. I'm sure there's a loophole in there for the slaughterhouses

[whathehell]

2. There might be, but it's still a great move forward.

[Blues Heron]

3. definitely.

[jberryhill]

4. You didn't read it?

48. Animal crushing

“(a) Offenses.—

“(1) CRUSHING.—It shall be unlawful for any person to purposely engage in animal crushing in or affecting interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.

“(2) CREATION OF ANIMAL CRUSH VIDEOS.—It shall be unlawful 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.

“(3) 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.

“(b) Extraterritorial Application.—This section applies to the knowing sale, marketing, advertising, exchange, distribution, 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.

“(c) Penalties.—Whoever violates this section shall be fined under this title, imprisoned for not more than 7 years, or both.

“(d) Exceptions.—

“(1) IN GENERAL.—This section does not apply with regard to any conduct, or a visual depiction of that conduct, that is—

“(A) a customary and normal veterinary, agricultural husbandry, or other animal management practice;

“(B) the slaughter of animals for food;

“(C) hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control;

“(D) medical or scientific research;

“(E) necessary to protect the life or property of a person; or

“(F) performed as part of euthanizing an animal.

[Lochloosa]

6. In other words, you can do it, you just can't show it.

[jberryhill]

8. The federal government doesn't have general crime jurisdiction

I get that the way the US is structured is difficult to understand at times. That’s what drives a lot if these primarily-symbolic bills that don’t really affect much unless you are doing it in the diner car of an Amtrak train, etc..

[whathehell]

30. Not at all..

Any "recrecreional" animal abuse is prosecutable -- Like human abuse, it doesn't have to be filmed.

[dewsgirl]

7. Accidently came across one of these once, and was absolutely

horrified. Apparently it's a sexual fetish. I think these people should drop out of the human race altogether.

[whathehell]

22. Sorry, it's not perfect, but it certainly covers more than the crush videos

Even with its (too many) exceptions, it's a lot better than nothing...It covers all the "recreational" animal abuse which until now, garnered only misdemeanors.

[jberryhill]

24. "which until now, garnered only misdemeanors"

That's certainly not true in my state.

In what state is animal torture merely a misdemeanor?

[whathehell]

25. Lots.. Try googling.

[jberryhill]

26. Ha, right

I posted Wyoming's below, in response to the odd suggestion they didn't have one.

The relevant section would be this one:


(n) A person commits a felony if he commits aggravated cruelty to animals as defined in subsection (c) of this section or knowingly and with intent to cause death, injury or undue suffering, cruelly beats, tortures, torments, injures or mutilates an animal resulting in the death or required euthanasia of the animal. A felony under this subsection or subsection (c) of this section is punishable by not more than two (2) years imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

Name one state in which it would be a misdemeanor. Just one. Since there are "lots", that should be easy for you.

[whathehell]

29. Lol.. "Just one"?...North Carolina is one

Now try the other Forty Nine.



https://www.voanews.com/episode/us-senate-passes-bill-making-animal-cruelty-federal-felony-4093581

[jberryhill]

38. You are, unsurprisingly, wrong

This is the relevant statute in North Carolina:

https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_14/gs_14-360.pdf

Article 47. Cruelty to Animals.
§ 14-360. Cruelty to animals; construction of section

(a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.

(a1) If any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony.

(b) If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class H felony. However, nothing in this section shall be construed to increase the penalty for cockfighting provided for in G.S. 14-362.

(c) As used in this section, the words “torture”, “torment”, and “cruelly” include or refer to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or death. As used in this section, the word “intentionally” refers to an act committed knowingly and without justifiable excuse, while the word “maliciously” means an act committed intentionally and with malice or bad motive. As used in this section, the term “animal” includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings. However, this section shall not apply to the following activities:

(1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this section shall apply to those birds other than pigeons exempted by the Wildlife Resources Commission from its definition of “wild birds” pursuant to G.S. 113-129(15a).

(2) Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.

(2a) Lawful activities conducted for the primary purpose of providing food for human or animal consumption.

(3) Activities conducted for lawful veterinary purposes.

(4) The lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health.

(5) The physical alteration of livestock or poultry for the purpose of conforming with breed or show standards.

-----------------

Sorry, the activity in question is a felony in North Carolina. You don't know what you are talking about.

Would you like to pick another state? I've done Wyoming and North Carolina so far, and have glanced at several others. In no state that I've found is torturing an animal to death a misdemeanor.

[whathehell]

42. Lol..I just GAVE you the list of Animal Cruelty Laws in every State

via a link to a PDF file.

In light of that, I'm sure you'll excuse me for suggesting you do your own research regarding the laws.

Now, I know that's harder than simply spewing knee-jerk negativity, but it does make for more substantive conversations.

[jberryhill]

43. No you didn't

You gave me this link to a video:

https://www.voanews.com/episode/us-senate-passes-bill-making-animal-cruelty-federal-felony-4093581

You haven't posted a link to a .pdf file anywhere in this thread.

Why don't you just name a state in which torturing an animal to death is not a felony?

[whathehell]

45. I'll correct that, but given this link DOES give information on the federal law

that you could clearly use, you might want to educate yourself a bit.

[jberryhill]

46. I see...

And what is it that I need to be educated about?

Still waiting for the name of that state, btw.

[whathehell]

49. Nothing..You're a very stable genius, I'm sure.

[whathehell]

52. A pdf file with a list of state laws..

[link:https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf&ved=2ahUKEwjRp-XVs_TlAhUKPq0KHXUVC9sQFjAAegQIBhAC&usg=AOvVaw1lSmFY-3iViYZpw5BK41mt|

[cwydro]

48. Wow, I wish I could have gone on without knowing there's such a thing as an animal crush video.

And that they have to put a law out there because some sick persons must be an audience for this kind of thing.

Absolutely frightening on so many levels.

[WhiskeyGrinder]

5. From what I've seen, this law addresses about 5-10% of the cases of animal mistreatment.

It doesn't cover neglect, which makes up the vast majority of animal mistreatment.

[jberryhill]

9. It covers interstate distribution of crush videos, period

[BlancheSplanchnik]

10. I guess it was the LEAST they could do. n/t

[jberryhill]

13. It's sort of the most they can do

The federal government doesn't have unlimited lawmaking power over every criminal activity over which the states have principal jurisdiction.

[BlancheSplanchnik]

15. :(

I’m glad they did something. I wish it could be more.

[jberryhill]

16. Are the animal cruelty laws in your state inadequate?

And, if so, in what way?

[RichardRay]

18. Wyoming's aren't a joke...

..there just aren’t any. At lewder you speak of.

[jberryhill]

19. This is the Wyoming animal cruelty statute

§ 6-3-203. Cruelty to animals; penalties; limitation on manner of destruction

(a) A person commits cruelty to animals if he knowingly and with intent to cause death, injury or undue suffering:

(i) Overrides an animal or drives an animal when overloaded; or

(ii) Unnecessarily or cruelly beats, tortures, torments, injures, mutilates or attempts to kill an animal; or

(iii) Carries an animal in a manner that poses undue risk of injury or death.

(b) A person commits cruelty to animals if he has the charge and custody of any animal and unnecessarily fails to provide it with the proper food, drink or protection from the weather, or cruelly abandons the animal, or in the case of immediate, obvious, serious illness or injury, fails to provide the animal with appropriate care.

(c) A person commits aggravated cruelty to animals if he:

(i) Repealed by Laws 1987, ch. 91, § 2.

(ii) Owns, possesses, keeps or trains fowls or dogs with the intent to allow the dog or fowl to engage in an exhibition of fighting with another dog or fowl;

(iii) Repealed by Laws 1987, ch. 91, § 2.

(iv) For gain causes or allows any dog or fowl to fight with another dog or fowl;

(v) Knowingly permits any act prohibited under paragraphs (ii) or (iv) of this subsection on any premises under his charge or control;

(vi) Promotes any act prohibited under paragraphs (ii) or (iv) of this subsection; or

(vii) Shoots, poisons or otherwise intentionally acts to seriously injure or destroy any livestock or domesticated animal owned by another person while the animal is on property where the animal is authorized to be present.

(d) A person shall not destroy an animal by the use of a high-altitude decompression chamber or a carbon monoxide gas chamber utilizing a gasoline engine. This subsection is uniformly applicable to all cities and towns.

(e) Unless punishable under subsection (n) of this section, a violation of this section is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both except that a subsequent offense is a high misdemeanor punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

(f) Nothing in subsection (c) of this section may be construed to prohibit:

(i) The use of dogs in the management of livestock by the owner of the livestock, his employees or agents or other persons in lawful custody of the livestock;

(ii) The use of dogs or raptors in hunting; or

(iii) The training of dogs or raptors or the use of equipment in the training of dogs or raptors for any purpose not prohibited by law;

(iv) Repealed by Laws 2000, ch. 86, § 2.

(v) Repealed by Laws 2000, ch. 86, § 2.

(vi) Repealed by Laws 2000, ch. 86, § 2.

(g) A person commits cruelty to animals if he is knowingly present at any place where an exhibition of fighting of fowls or dogs is occurring for amusement or gain.

(h) If a person convicted of a violation of this section is also the owner of the animal, the court may require the person to forfeit ownership of the animal to the county in which the person is convicted. This subsection shall not affect the interest of any secured party or other person who has not participated in the offense.

(j) In addition to any sentence and penalties imposed under subsections (e), (h) and (n) of this section, the court may:

(i) Require the defendant to pay all reasonable costs incurred in providing necessary food and water, veterinary attention and treatment for any animal affected; and

(ii) Prohibit or limit the defendant's ownership, possession or custody of animals, as the court deems appropriate.

(k) Each animal affected by the defendant's conduct may constitute a separate count for the purposes of prosecution, conviction, sentencing and penalties under this section.

(m) Nothing in subsection (a), (b), (c)(vii) or (n) of this section shall be construed to prohibit:

(i) A person from humanely destroying an animal;

(ii) The use of industry accepted agricultural and livestock practices on livestock;

(iii) Rodeo events, whether the event is performed in a rodeo, jackpot or otherwise; or

(iv) The hunting, capture or destruction of any predatory animal or other wildlife in any manner not otherwise prohibited by law.

(n) A person commits a felony if he commits aggravated cruelty to animals as defined in subsection (c) of this section or knowingly and with intent to cause death, injury or undue suffering, cruelly beats, tortures, torments, injures or mutilates an animal resulting in the death or required euthanasia of the animal. A felony under this subsection or subsection (c) of this section is punishable by not more than two (2) years imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

(o) There is created the “cruelty to household pet animals protection account.” Funds shall be credited to the account as provided by law. Funds in the account are continuously appropriated to the attorney general to reimburse county law enforcement agencies for eligible expenses regarding household pet animal cruelty cases under subsection (p) of this section. The attorney general shall develop rules and regulations to establish eligible expenses and to determine how county law enforcement agencies will be reimbursed for the costs of any household pet animal cruelty case, in an amount not to exceed ninety percent (90%) in any particular case. Any reimbursement under this subsection shall be contingent upon available funding and upon a showing that the agency has made reasonable efforts to seek reimbursement from the offender of expenses incurred by the agency, as permitted by law. All funds in the account may be used for and are continuously appropriated for eligible expenses authorized to be made under this subsection. The cruelty to household pet animals protection account shall be a permanent, nonreversion account within the state auditor's office. As used in this subsection and subsection (p) of this section, “household pet” means any privately owned dog, cat, rabbit, guinea pig, hamster, mouse, gerbil, ferret, bird, fish, reptile, amphibian, invertebrate or any other species of domesticated animal sold, transferred or retained for the purpose of being kept as a pet in or near a house. “Household pet” shall not include any livestock as defined in W.S. 23-1-102(a)(xvi).

(p) A person commits household pet animal cruelty if he:

(i) Keeps any household pet in a manner that results in chronic or repeated serious physical harm to the household pet; or

(ii) Keeps the household pet confined in conditions which constitute a public health hazard.

[RichardRay]

50. At least that's what on the books...

I live in Jackson, Wyoming. A local outfitter became frustrated with one of his horses. He used ropes to lay the horse on its side, and more rope to stretch the horse out with ropes to his front and back legs tied to corral posts, and covered him with a tarp. The horse died there, hours later. A neighbor tried to intervene and cursed away. The neighbor took video. Charges were brought. The case went to trial. Verdict was Not Guilty.

I don’t give a good god damn WHAT you find on the books, Wyoming has essentially *no* animal cruelty laws.

[jberryhill]

51. Okay. This federal law would not apply to those circumstances, however

[whathehell]

35. No, the "leaat" they could do would be nothing..

which is what every other congress has done til now.

[whathehell]

17. "From what you've seen"?

That can't be much since it was just signed into law...Just sayin'.

[WhiskeyGrinder]

21. People talk about bills before those bills become laws.

The discussions I saw, confirmed by other comments in this thread, indicated that this bill covers a very small part of animal mistreatment.

[whathehell]

23. Try broadening your "discussion"

and actually read the bill, maybe.

[WhiskeyGrinder]

28. What is it I'm missing?

[bluecollar2]

11. "Animal Crushing"

WTF?

This is a thing?

The degeneration of society continues...

[Javaman]

12. the orange sociopath will probably veto it. nt

[whathehell]

20. ...It's not even Thanksgiving yet

A little early for the Bah Humbuggery, isn't it?

[sl8]

14. Is this in reference to H.R. 724?

From https://www.congress.gov/bill/116th-congress/house-bill/724?q=%7B%22search%22%3A%5B%22animal%22%5D%7D&r=3&s=1

Summary:

Shown Here:
Passed House (10/22/2019)
Preventing Animal Cruelty and Torture Act or the PACT Act

This bill revises and expands criminal provisions with respect to animal crushing.

It retains existing criminal offenses that prohibit knowingly creating or distributing an animal crush video using interstate commerce. The bill also adds a new provision to criminalize an intentional act of animal crushing. A violator is subject to criminal penalties—a fine, a prison term of up to seven years, or both.

It provides additional exceptions for conduct, or a video of conduct, including conduct that is (1) medical or scientific research, (2) necessary to protect the life or property of a person, (3) performed as part of euthanizing an animal, or (4) unintentional.


Text:

Shown Here:
Enrolled Bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 724 Enrolled Bill (ENR)]

H.R.724

One Hundred Sixteenth Congress

of the

United States of America


AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and nineteen


An Act



To revise section 48 of title 18, United States Code, 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 ``Preventing Animal Cruelty and
Torture Act'' or the ``PACT Act''.
SEC. 2. REVISION OF SECTION 48.
(a) In General.--Section 48 of title 18, United States Code, is
amended to read as follows:
``Sec. 48. Animal crushing
``(a) Offenses.--
``(1) Crushing.--It shall be unlawful for any person to
purposely engage in animal crushing in or affecting interstate or
foreign commerce or within the special maritime and territorial
jurisdiction of the United States.
``(2) Creation of animal crush videos.--It shall be unlawful
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.
``(3) 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.
``(b) Extraterritorial Application.--This section applies to the
knowing sale, marketing, advertising, exchange, distribution, 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.
``(c) Penalties.--Whoever violates this section shall be fined
under this title, imprisoned for not more than 7 years, or both.
``(d) Exceptions.--
``(1) In general.--This section does not apply with regard to
any conduct, or a visual depiction of that conduct, that is--
``(A) a customary and normal veterinary, agricultural
husbandry, or other animal management practice;
``(B) the slaughter of animals for food;
``(C) hunting, trapping, fishing, a sporting activity not
otherwise prohibited by Federal law, predator control, or pest
control;
``(D) medical or scientific research;
``(E) necessary to protect the life or property of a
person; or
``(F) performed as part of euthanizing an animal.
``(2) Good-faith distribution.--This section does not apply to
the good-faith distribution of an animal crush video to--
``(A) a law enforcement agency; or
``(B) a third party for the sole purpose of analysis to
determine if referral to a law enforcement agency is
appropriate.
``(3) Unintentional conduct.--This section does not apply to
unintentional conduct that injures or kills an animal.
``(4) Consistency with rfra.--This section shall be enforced in
a manner that is consistent with section 3 of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-1).
``(e) No Preemption.--Nothing in this section shall be construed to
preempt the law of any State or local subdivision thereof to protect
animals.
``(f) Definitions.--In this section--
``(1) the term `animal crushing' means actual conduct in which
one or more living non-human mammals, birds, reptiles, or
amphibians is purposely 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);
``(2) the term `animal crush video' means any photograph,
motion-picture film, video or digital recording, or electronic
image that--
``(A) depicts animal crushing; and
``(B) is obscene; and
``(3) the term `euthanizing an animal' means the humane
destruction of an animal accomplished by a method that--
``(A) produces rapid unconsciousness and subsequent death
without evidence of pain or distress; or
``(B) uses anesthesia produced by an agent that causes
painless loss of consciousness and subsequent death.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 18, United States Code, is amended by striking the
item relating to section 48 and inserting the following:

``48. Animal crushing.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, and the amendments made by this
Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
of 2010, shall be determined by reference to the latest statement
titled ``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the Chairman of
the House Budget Committee, provided that such statement has been
submitted prior to the vote on passage.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

[mucifer]

27. So now we are all vegan! This is so awesome! Thank you mr president!

[whathehell]

47. Every Silver Lining has a Cloud, right?.. Riiiight

and btw, it was passed by the senate, not the president.

[Snake Plissken]

31. I'm so beyond thinking that Republicans are capable of doing anything beneficial for society

That I can't help but think there is some pet related anti-abortion wording in the bill to prevent dogs and cats from being spayed or neutered,or euthanized when they are terminally ill and suffering in pain.

[whathehell]

37. Of course you do, but even in these times of

stultifying pessimism, there's always that Broken Clock Thing to consider.

[mucifer]

32. But seriously, he deregulated factory farming further than it was before

So that is increased cruelty to the workers and to the animals.

This is crappy window dressing to distract.

[whathehell]

33. Um, no..but if you are, as many here seem to be

committed to Debbie Downer-ism, knock yourself out.

[mucifer]

41. I live in reality:

trump gutting the endangered species act:

https://www.reuters.com/article/us-usa-trump-wildlife/conservation-animal-rights-groups-sue-trump-over-weakening-u-s-wildlife-protections-idUSKCN1VB2AF

Deregulating factory farms:

https://www.nbcnews.com/politics/white-house/trump-administration-allows-pork-slaughterhouses-have-fewer-usda-inspectors-n1055451

[whathehell]

53. Mistaking a state of depression for "reality" can be

dangerous. I'm glad all of us aren't afflicted -- Trump notwithstanding.

[Cartaphelius]

34. Yet, nary a word regarding

the cruel crimes against humanity.

You republicans are so bold. So representative of your animals-like-
you-constituents having no other recourse that to silently marching
abject silence to your demise.

Good on ya's. Couldn't happen to a more deserving group.

[whathehell]

36. Excuse me, but please address the Republican Senate,

when saying "You Republicans"....I'm not one of those.

[whathehell]

55. Huh? Are you calling me a Right Wing Republican??

On what basis?!?
I've been a member of Democratic Underground for over ten years -- DU doesn't allow self-admitted Republicans, so.however long you've been here, I'd suggest you read the DU rules as what you're doing constitutes a personal attack and violates those rules.

[Beringia]

39. Great

[whathehell]

44. Yes, I thought so.. Glad to see someone's more interested

Last edited Mon Nov 18, 2019, 02:58 PM - Edit history (1)

in acknowledging the gains for animals, instead of playing Debbie Downer because it was signed by Republicans.

[Hortensis]

40. Republicans/McConnell ALLOWED this DEMOCRATIC BILL to pass.

This is very good of course. But: Republicans control the senate.

McConnell needs election frosting to distract from a Republican leadership meaner than snakes.

What it does NOT do: Make the GOP policy of intense cruelty to migrant children a felony.

Florida Democrat Theodore Deutch, chairman of the house ethics committee, who first introduced this bill: