(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 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.
(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, distribution,
or creation of an animal crush video outside of the United States,
(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
(e) Exceptions. -
(1) In general. - This section shall not apply with regard to
any visual depiction of -
(A) customary and normal veterinary or agricultural husbandry
(B) the slaughter of animals for food; or
(C) hunting, trapping, or fishing.
(2) Good-faith distribution. - This section shall 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
(f) No Preemption. - Nothing in this section shall be construed
to preempt the law of any State or local subdivision thereof to