Lacey Act (18 U.S.C. 42)

§ 41

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

CHAPTER 3—ANIMALS, BIRDS, FISH, AND
PLANTS
Sec.

41.
42.

43.
[44, 45.
46.
47.

48.
49.

Hunting, fishing, trapping; disturbance or injury on wildlife refuges.
Importation or shipment of injurious mammals, birds, fish (including mollusks and
crustacea), amphibia, and reptiles; permits,
specimens for museums; regulations.
Force, violence, and threats involving animal
enterprises.
Repealed.]
Transportation of water hyacinths.
Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes.
Animal crushing.
Enforcement of animal fighting prohibitions.
HISTORICAL AND REVISION NOTES

The criminal provisions of the Migratory Bird Treaty
Act, sections 703–711 of title 16, U.S.C., 1940 ed., Conservation, and the Migratory Bird Conservation Act,
sections 715–715r of title 16, U.S.C., 1940 ed., Conservation, were considered for inclusion in this chapter.
Since these provisions, except parts of sections 704–707
of said title 16, are so inextricably interwoven with the
Migratory Bird Acts, it was found advisable to exclude
them.
AMENDMENTS
2019—Pub. L. 116–72, § 2(b), Nov. 25, 2019, 133 Stat. 1152,
substituted ‘‘Animal crushing’’ for ‘‘Animal crush videos’’ in item 48.
2010—Pub. L. 111–294, § 3(b), Dec. 9, 2010, 124 Stat. 3179,
substituted ‘‘Animal crush videos’’ for ‘‘Depiction of
animal cruelty’’ in item 48.
2007—Pub. L. 110–22, § 2(b), May 3, 2007, 121 Stat. 88,
added item 49.
2006—Pub. L. 109–374, § 2(b), Nov. 27, 2006, 120 Stat.
2655, substituted ‘‘Force, violence, and threats involving animal enterprises’’ for ‘‘Animal enterprise terrorism’’ in item 43.
1999—Pub. L. 106–152, § 1(b), Dec. 9, 1999, 113 Stat. 1732,
added item 48.
1992—Pub. L. 102–346, § 2(b), Aug. 26, 1992, 106 Stat. 929,
which directed the general amendment of item 43, was
executed by adding item 43 to reflect the probable intent of Congress, because item 43 had been previously
struck out by Pub. L. 101–647. See 1990 Amendment note
below.
1990—Pub. L. 101–647, title XII, § 1206(b), title XXXV,
§ 3506, Nov. 29, 1990, 104 Stat. 4832, 4922, substituted ‘‘Importation or shipment of injurious mammals, birds, fish
(including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations’’ for
‘‘Importation of injurious animals and birds; permits;
specimens for museums’’ in item 42, struck out item 43
‘‘Transportation or importation in violation of state,
national, or foreign laws’’, item 44 ‘‘Marking packages
or containers’’, and item 45 ‘‘Capturing or killing carrier pigeons’’, and inserted ‘‘; pollution of watering
holes’’ after ‘‘burros’’ in item 47.
1959—Pub. L. 86–234, § 1(b), Sept. 8, 1959, 73 Stat. 470,
added item 47.
1956—Act Aug. 1, 1956, ch. 825, § 2(b), 70 Stat. 798,
amended chapter heading to include reference to
‘‘Plants’’ and added item 46.

§ 41. Hunting, fishing, trapping; disturbance or
injury on wildlife refuges
Whoever, except in compliance with rules and
regulations promulgated by authority of law,
hunts, traps, captures, willfully disturbs or kills
any bird, fish, or wild animal of any kind whatever, or takes or destroys the eggs or nest of any
such bird or fish, on any lands or waters which

Page 26

are set apart or reserved as sanctuaries, refuges
or breeding grounds for such birds, fish, or animals under any law of the United States or willfully injures, molests, or destroys any property
of the United States on any such lands or waters, shall be fined under this title or imprisoned
not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L.
103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 145 and §§ 676, 682,
683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940
ed., Conservation (Jan. 24, 1905, ch. 137, § 2, 33 Stat. 614;
June 29, 1906, ch. 3593, § 2, 34 Stat. 607; Mar. 4, 1909, ch.
321, § 84, 35 Stat. 1104; Aug. 11, 1916, ch. 313, 39 Stat. 476;
June 5, 1920, ch. 247, § 2, 41 Stat. 986; Apr. 15, 1924, ch.
108, 43 Stat. 98; Feb. 28, 1925, ch. 376, 43 Stat. 1091; July
3, 1926, ch. 744, § 6, 44 Stat. 821; July 3, 1926, ch. 776, § 3,
44 Stat. 889; June 28, 1930, ch. 709, § 2, 46 Stat. 828; Mar.
10, 1934, ch. 54, § 2, 48 Stat. 400; Reorg. Plan No. II, § 4(f),
4 F.R. 2731, 53 Stat. 1433).
This revised section condenses, consolidates, and simplifies similar provisions of sections 676, 682, 683, 685,
688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., with
section 145 of title 18, U.S.C., 1940 ed., with such
changes of phraseology as make clear the intent of
Congress to protect all wildlife within Federal sanctuaries, refuges, fish hatcheries, and breeding grounds.
Irrelevant provisions of such sections in title 16 are to
be retained in that title.
Because of the general nature of this consolidated
section, no specific reference is made to rules and regulations issued by the Secretary of the Interior or any
other personage, but only to rules and regulations
‘‘promulgated by authority of law’’.
The punishment provided by the sections consolidated varied from a fine not exceeding $100 or imprisonment not exceeding 6 months, or both, in section 694a
of title 16, U.S.C., 1940 ed., to a fine not exceeding $1,000
or imprisonment not exceeding 1 year, or both, in sections 676, 685, and 688 of such title 16. The revised section adopts the punishment provisions of the other five
sections.
The references to ‘‘misdemeanor’’ in sections 676, 685,
688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., were
omitted as unnecessary in view of definition of ‘‘misdemeanor’’ in section 1 of this title, and also to conform with policy followed by codifiers of the 1909 Criminal Code, as stated in Senate Report 10, part 1, pages 12,
13, 14, Sixtieth Congress, first session, to accompany S.
2982.
Words ‘‘upon conviction’’, contained in sections 676,
685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed.,
were omitted as surplusage, because punishment can be
imposed only after conviction.
Words ‘‘in any United States court of competent jurisdiction’’, in sections 676, 685, and 688 of title 16,
U.S.C., 1940 ed., words ‘‘in any United States court’’, in
sections 689b, 692a, and 694a of such title 16, and words
‘‘in the discretion of the court’’, in said sections 676,
685, 688, and 689b, were likewise omitted as surplusage.
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $500’’.

§ 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and
crustacea), amphibia, and reptiles; permits,
specimens for museums; regulations
(a)(1) The importation into the United States,
any territory of the United States, the District
of Columbia, the Commonwealth of Puerto Rico,
or any possession of the United States, or any

Page 27

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

shipment between the continental United
States, the District of Columbia, Hawaii, the
Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of
the species Herpestes auropunctatus; of the species of so-called ‘‘flying foxes’’ or fruit bats of
the genus Pteropus; of the zebra mussel of the
species Dreissena polymorpha; of the quagga
mussel of the species Dreissena rostriformis or
Dreissena bugensis; of the bighead carp of the
species Hypophthalmichthys nobilis; and such
other species of wild mammals, wild birds, fish
(including mollusks and crustacea), amphibians,
reptiles, brown tree snakes, or the offspring or
eggs of any of the foregoing which the Secretary
of the Interior may prescribe by regulation to be
injurious to human beings, to the interests of
agriculture, horticulture, forestry, or to wildlife
or the wildlife resources of the United States, is
hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or
offspring therefrom, shall be promptly exported
or destroyed at the expense of the importer or
consignee. Nothing in this section shall be construed to repeal or modify any provision of the
Public Health Service Act or Federal Food,
Drug, and Cosmetic Act. Also, this section shall
not authorize any action with respect to the importation of any plant pest as defined in the
Federal Plant Pest Act,1 insofar as such importation is subject to regulation under that Act.
(2) As used in this subsection, the term ‘‘wild’’
relates to any creatures that, whether or not
raised in captivity, normally are found in a wild
state; and the terms ‘‘wildlife’’ and ‘‘wildlife resources’’ include those resources that comprise
wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of
wild creatures whatsoever, and all types of
aquatic and land vegetation upon which such
wildlife resources are dependent.
(3) Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there
has been a proper showing of responsibility and
continued protection of the public interest and
health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish (including
mollusks and crustacea), amphibia, and reptiles,
or the offspring or eggs thereof, where such importation would be prohibited otherwise by or
pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their
own use.
(4) Nothing in this subsection shall restrict
the importation of dead natural-history specimens for museums or for scientific collections,
or the importation of domesticated canaries,
parrots (including all other species of psittacine
birds), or such other cage birds as the Secretary
of the Interior may designate.
(5) The Secretary of the Treasury and the Secretary of the Interior shall enforce the provisions of this subsection, including any regulations issued hereunder, and, if requested by the
Secretary of the Interior, the Secretary of the
Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions.
1 See

References in Text note below.

§ 42

(b) Whoever violates this section, or any regulation issued pursuant thereto, shall be fined
under this title or imprisoned not more than six
months, or both.
(c) The Secretary of the Interior within one
hundred and eighty days of the enactment of the
Lacey Act Amendments of 1981 shall prescribe
such requirements and issue such permits as he
may deem necessary for the transportation of
wild animals and birds under humane and
healthful conditions, and it shall be unlawful for
any person, including any importer, knowingly
to cause or permit any wild animal or bird to be
transported to the United States, or any Territory or district thereof, under inhumane or unhealthful conditions or in violation of such requirements. In any criminal prosecution for violation of this subsection and in any administrative proceeding for the suspension of the issuance of further permits—
(1) the condition of any vessel or conveyance, or the enclosures in which wild animals
or birds are confined therein, upon its arrival
in the United States, or any Territory or district thereof, shall constitute relevant evidence in determining whether the provisions
of this subsection have been violated; and
(2) the presence in such vessel or conveyance
at such time of a substantial ratio of dead,
crippled, diseased, or starving wild animals or
birds shall be deemed prima facie evidence of
the violation of the provisions of this subsection.
(June 25, 1948, ch. 645, 62 Stat. 687; May 24, 1949,
ch. 139, § 2, 63 Stat. 89; Pub. L. 86–702, § 1, Sept. 2,
1960, 74 Stat. 753; Pub. L. 97–79, § 9(d), Nov. 16,
1981, 95 Stat. 1079; Pub. L. 101–646, title I, § 1208,
Nov. 29, 1990, 104 Stat. 4772; Pub. L. 102–237, title
X, § 1013(e), Dec. 13, 1991, 105 Stat. 1901; Pub. L.
103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994,
108 Stat. 2147; Pub. L. 104–332, § 2(h)(1), Oct. 26,
1996, 110 Stat. 4091; Pub. L. 111–307, § 2, Dec. 14,
2010, 124 Stat. 3282; Pub. L. 115–282, title IX,
§ 903(e), Dec. 4, 2018, 132 Stat. 4357.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., §§ 391, 394 (Mar. 4,
1909, ch. 321, §§ 241, 244, 35 Stat. 1137, 1138; June 15, 1935,
ch. 261, title II, § 201, 49 Stat. 381; Reorg. Plan No. II,
§ 4(f), 4 F.R. 2731, 53 Stat. 1433).
This section consolidates the provisions of sections
391 and 394 of title 18, U.S.C., 1940 ed., as subsections (a)
and (b), respectively.
In subsection (a) the words ‘‘Territory or District
thereof’’ were omitted as unnecessary in view of the
definition of the United States in section 5 of this title.
In subsection (b) the words ‘‘upon conviction thereof’’, were omitted as surplusage because punishment
can only be imposed after conviction.
The amount of the fine was reduced from $1,000 to
$500, thus making the violation a petty offense as defined in section 1 of this title. (See also section 41 of
this title which provides a similar punishment.)
Minor verbal changes were also made.
1949 ACT
This section [section 2] incorporates in section 42 of
title 18, U.S.C., with slight changes in phraseology, the
provisions of act of June 29, 1948 (ch. 716, 62 Stat. 1096),
which became law subsequent to the enactment of the
revision of title 18.

§ 43

TITLE 18—CRIMES AND CRIMINAL PROCEDURE
REFERENCES IN TEXT

The Public Health Service Act, referred to in subsec.
(a)(1), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified generally to chapter 6A (§ 201 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 201 of Title 42
and Tables.
The Federal Food, Drug, and Cosmetic Act, referred
to in subsec. (a)(1), is act June 25, 1938, ch. 675, 52 Stat.
1040, as amended, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Foods and Drugs. For
complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
The Federal Plant Pest Act, referred to in subsec.
(a)(1), is Pub. L. 85–36, title I, May 23, 1957, 71 Stat. 31,
as amended, which was classified generally to chapter
7B (§ 150aa et seq.) of Title 7, Agriculture, prior to repeal by Pub. L. 106–224, title IV, § 438(a)(2), June 20, 2000,
114 Stat. 454. For complete classification of this Act to
the Code, see Tables.
This Act, referred to in subsec. (a)(3), probably refers
to Pub. L. 86–702, which amended this section and section 43 of this title.
The enactment of the Lacey Act Amendments of 1981,
referred to in subsec. (c), means the date of enactment
of Pub. L. 97–79, which was approved Nov. 16, 1981.
AMENDMENTS
2018—Subsec. (a)(1). Pub. L. 115–282 inserted ‘‘of the
quagga mussel of the species Dreissena rostriformis or
Dreissena bugensis;’’ after ‘‘Dreissena polymorpha;’’.
2010—Subsec. (a)(1). Pub. L. 111–307 inserted ‘‘of the
bighead carp of the species Hypophthalmichthys
nobilis;’’ after ‘‘Dreissena polymorpha;’’.
1996—Subsec. (a)(1). Pub. L. 104–332 made technical
amendment to Pub. L. 101–646, § 1208. See 1990 Amendment note below.
1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘fined
under this title’’ for ‘‘fined not more than $500’’.
1991—Subsec. (a)(1). Pub. L. 102–237 inserted ‘‘brown
tree snakes,’’ after ‘‘reptiles,’’ in first sentence.
1990—Subsec. (a)(1). Pub. L. 101–646, as amended by
Pub. L. 104–332, inserted ‘‘of the zebra mussel of the species Dreissena polymorpha;’’ after ‘‘Pteropus;’’.
1981—Subsec. (c). Pub. L. 97–79 substituted ‘‘Secretary
of the Interior within one hundred and eighty days of
the enactment of the Lacey Act Amendments of 1981’’
for ‘‘Secretary of the Treasury’’.
1960—Pub. L. 86–702 substituted ‘‘Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia and reptiles; permits;
specimens for museums; regulations’’ for ‘‘Importation
of injurious animals and birds; permits; specimens for
museums’’ in section catchline.
Subsec. (a)(1). Pub. L. 86–702 designated first sentence
of subsec. (a) as par. (1), prohibited importation into
the Commonwealth of Puerto Rico or any possession of
the United States and shipments between the continental United States, the District of Columbia, Hawaii, the
Commonwealth of Puerto Rico, or any possession of the
United States, described the mongoose and flying foxes
by their scientific names, extended the provisions prohibiting importation or shipment to include wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, or their eggs or offspring,
empowered the Secretary to prohibit importation or
shipment if injurious to human beings, forestry, or to
wildlife or wildlife resources, required prompt exportation or destruction at the expense of the importer or
consignee, provided that this section shall not be construed to repeal or modify any provision of the Public
Health Service Act or Federal Food, Drug, and Cosmetic Act and that it shall not authorize any action
with respect to the importation of plant pests, and deleted provisions which required destruction of prohibited birds and animals or their return at the expense of
the owner, and which prohibited the importation of the
English sparrow and the starling.

Page 28

Subsec. (a)(2), (3). Pub. L. 86–702 added pars. (2) and
(3).
Subsec. (a)(4). Pub. L. 86–702 designated second sentence of subsec. (a) as par. (4), limited importation of
natural-history specimens to dead ones, and included
all species of psittacine birds.
Subsec. (a)(5). Pub. L. 86–702 designated third sentence of subsec. (a) as par. (5), authorized enforcement
by the Secretary of the Interior, and permitted the Secretary of the Treasury, if requested by the Secretary of
the Interior, to require the furnishing of a bond.
Subsec. (b). Pub. L. 86–702 included violations of regulations.
1949—Subsec. (a). Act May 24, 1949, made section applicable to any Territory or district thereof as well as
to the United States, and changed phraseology.
Subsec. (b). Act May 24, 1949, reenacted subsec. (b)
without change.
Subsec. (c). Act May 24, 1949, added subsec. (c).
INVASIVE SPECIES
For provisions relating to restrictions on the introduction of invasive species into natural ecosystems of
the United States, see Ex. Ord. No. 13112, Feb. 3, 1999,
64 F.R. 6183, set out as a note under section 4321 of Title
42, The Public Health and Welfare.

§ 43. Force, violence, and threats involving animal enterprises
(a) OFFENSE.—Whoever travels in interstate or
foreign commerce, or uses or causes to be used
the mail or any facility of interstate or foreign
commerce—
(1) for the purpose of damaging or interfering with the operations of an animal enterprise; and
(2) in connection with such purpose—
(A) intentionally damages or causes the
loss of any real or personal property (including animals or records) used by an animal
enterprise, or any real or personal property
of a person or entity having a connection to,
relationship with, or transactions with an
animal enterprise;
(B) intentionally places a person in reasonable fear of the death of, or serious bodily
injury to that person, a member of the immediate family (as defined in section 115) of
that person, or a spouse or intimate partner
of that person by a course of conduct involving threats, acts of vandalism, property
damage, criminal trespass, harassment, or
intimidation; or
(C) conspires or attempts to do so;
shall be punished as provided for in subsection
(b).
(b) PENALTIES.—The punishment for a violation of section 1 (a) or an attempt or conspiracy
to violate subsection (a) shall be—
(1) a fine under this title or imprisonment
not 2 more than 1 year, or both, if the offense
does not instill in another the reasonable fear
of serious bodily injury or death and—
(A) the offense results in no economic
damage or bodily injury; or
(B) the offense results in economic damage
that does not exceed $10,000;
(2) a fine under this title or imprisonment
for not more than 5 years, or both, if no bodily
injury occurs and—
1 So
2 So

in original. Probably should be ‘‘subsection’’.
in original. Probably should be preceded by ‘‘for’’.

Page 29

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

§ 43

(A) the offense results in economic damage
exceeding $10,000 but not exceeding $100,000;
or
(B) the offense instills in another the reasonable fear of serious bodily injury or
death;

(B) extreme physical pain;
(C) protracted and obvious disfigurement;
or
(D) protracted loss or impairment of the
function of a bodily member, organ, or mental faculty; and

(3) a fine under this title or imprisonment
for not more than 10 years, or both, if—
(A) the offense results in economic damage
exceeding $100,000; or
(B) the offense results in substantial bodily injury to another individual;

(5) the term ‘‘substantial bodily injury’’
means—
(A) deep cuts and serious burns or abrasions;
(B) short-term or nonobvious disfigurement;
(C) fractured or dislocated bones, or torn
members of the body;
(D) significant physical pain;
(E) illness;
(F) short-term loss or impairment of the
function of a bodily member, organ, or mental faculty; or
(G) any other significant injury to the
body.

(4) a fine under this title or imprisonment
for not more than 20 years, or both, if—
(A) the offense results in serious bodily injury to another individual; or
(B) the offense results in economic damage
exceeding $1,000,000; and
(5) imprisonment for life or for any terms of
years, a fine under this title, or both, if the offense results in death of another individual.
(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) for the loss of food production or farm income reasonably attributable to the offense;
and
(3) for any other economic damage, including any losses or costs caused by economic disruption, 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 or sells animals or animal products
for profit, food or fiber production, agriculture, education, research, or testing;
(B) a zoo, aquarium, animal shelter, pet
store, breeder, furrier, circus, or rodeo, or
other lawful competitive animal event; or
(C) any fair or similar event intended to
advance agricultural arts and sciences;
(2) the term ‘‘course of conduct’’ means a
pattern of conduct composed of 2 or more acts,
evidencing a continuity of purpose;
(3) the term ‘‘economic damage’’—
(A) means the replacement costs of lost or
damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs,
including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity
on account of that person’s or entity’s connection to, relationship with, or transactions with the animal enterprise; but
(B) does not include any lawful economic
disruption (including a lawful boycott) that
results from lawful public, governmental, or
business reaction to the disclosure of information about an animal enterprise;
(4) the term ‘‘serious bodily injury’’ means—
(A) injury posing a substantial risk of
death;

(e) RULES OF CONSTRUCTION.—Nothing in this
section shall be construed—
(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful
demonstration) protected from legal prohibition by the First Amendment to the Constitution;
(2) to create new remedies for interference
with activities protected by the free speech or
free exercise clauses of the First Amendment
to the Constitution, regardless of the point of
view expressed, or to limit any existing legal
remedies for such interference; or
(3) to provide exclusive criminal penalties or
civil remedies with respect to the conduct prohibited by this action, or to preempt State or
local laws that may provide such penalties or
remedies.
(Added Pub. L. 102–346, § 2(a), Aug. 26, 1992, 106
Stat. 928; amended Pub. L. 104–294, title VI,
§ 601(r)(3), Oct. 11, 1996, 110 Stat. 3502; Pub. L.
107–188, title III, § 336, June 12, 2002, 116 Stat. 681;
Pub. L. 109–374, § 2(a), Nov. 27, 2006, 120 Stat.
2652.)
PRIOR PROVISIONS
A prior section 43, acts June 25, 1948, ch. 645, 62 Stat.
687; Sept. 2, 1960, Pub. L. 86–702, § 2, 74 Stat. 754; Dec. 5,
1969, Pub. L. 91–135, § 7(a), 83 Stat. 279, related to transportation of wildlife taken in violation of State, national, or foreign law, the receipt of such wildlife, and
the making of false records in relation thereto, prior to
repeal by Pub. L. 97–79, § 9(b)(2), Nov. 16, 1981, 95 Stat.
1079. See section 3372(a) of Title 16, Conservation.
AMENDMENTS
2006—Pub. L. 109–374 amended section catchline and
text generally, substituting provisions relating to
force, violence, and threats involving animal enterprises for provisions relating to animal enterprise terrorism.
2002—Subsec. (a). Pub. L. 107–188, § 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, § 336(b), amended subsec.
(b) generally, substituting ‘‘Penalties’’ for ‘‘Aggravated
Offense’’ in heading and list of penalties for property

[§ 44

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

damage, personal injury and death for reference to serious bodily injury and death in text.
Subsec. (c)(3). Pub. L. 107–188, § 336(c), added par. (3).
1996—Subsec. (c). Pub. L. 104–294 inserted ‘‘or 3663A’’
after ‘‘section 3663’’ in introductory provisions.
SHORT TITLE
Pub. L. 102–346, § 1, Aug. 26, 1992, 106 Stat. 928, 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.

[§ 44. Repealed. Pub. L. 97–79, § 9(b)(2), Nov. 16,
1981, 95 Stat. 1079]
Section, acts June 25, 1948, ch. 645, 62 Stat. 687; Dec.
5, 1969, Pub. L. 91–135, § 8, 83 Stat. 281, related to marking of packages or containers used in the shipment of
fish and wildlife. See section 3372(b) of Title 16, Conservation.

[§ 45. Repealed. Pub. L. 101–647, title
§ 1206(a), Nov. 29, 1990, 104 Stat. 4832]

XII,

Section, act June 25, 1948, ch. 645, 62 Stat. 688, related
to penalties for capturing or killing carrier pigeons.

§ 46. Transportation of water hyacinths
(a) Whoever knowingly delivers or receives for
transportation, or transports, in interstate commerce,
alligator
grass
(alternanthera
philoxeroides), or water chestnut plants (trapa
natans) or water hyacinth plants (eichhornia
crassipes) or the seeds of such grass or plants; or
(b) Whoever knowingly sells, purchases, barters, exchanges, gives, or receives any grass,
plant, or seed which has been transported in violation of subsection (a); or
(c) Whoever knowingly delivers or receives for
transportation, or transports, in interstate commerce, an advertisement, to sell, purchase, barter, exchange, give, or receive alligator grass or
water chestnut plants or water hyacinth plants
or the seeds of such grass or plants—
Shall be fined under this title, or imprisoned
not more than six months, or both.
(Added Aug. 1, 1956, ch. 825, § 1, 70 Stat. 797;
amended Pub. L. 103–322, title XXXIII,
§ 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $500’’.

§ 47. Use of aircraft or motor vehicles to hunt
certain wild horses or burros; pollution of
watering holes
(a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or
burro running at large on any of the public land
or ranges shall be fined under this title, or imprisoned not more than six months, or both.

Page 30

(b) Whoever pollutes or causes the pollution of
any watering hole on any of the public land or
ranges for the purpose of trapping, killing,
wounding, or maiming any of the animals referred to in subsection (a) of this section shall
be fined under this title, or imprisoned not more
than six months, or both.
(c) As used in subsection (a) of this section—
(1) The term ‘‘aircraft’’ means any contrivance used for flight in the air; and
(2) The term ‘‘motor vehicle’’ includes an
automobile, automobile truck, automobile
wagon, motorcycle, or any other self-propelled
vehicle designed for running on land.
(Added Pub. L. 86–234, § 1(a), Sept. 8, 1959, 73
Stat. 470; amended Pub. L. 103–322, title XXXIII,
§ 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
AMENDMENTS
1994—Subsecs. (a), (b). Pub. L. 103–322 substituted
‘‘fined under this title’’ for ‘‘fined not more than $500’’.

§ 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;

Page 31

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

(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 nonhuman 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.
(Added Pub. L. 106–152, § 1(a), Dec. 9, 1999, 113
Stat. 1732; amended Pub. L. 111–294, § 3(a), Dec. 9,
2010, 124 Stat. 3178; Pub. L. 116–72, § 2(a), Nov. 25,
2019, 133 Stat. 1151.)

§ 49

‘‘(1) The United States has a long history of prohibiting the interstate sale, marketing, advertising, exchange, and distribution of obscene material and
speech that is integral to criminal conduct.
‘‘(2) The Federal Government and the States have a
compelling interest in preventing intentional acts of
extreme animal cruelty.
‘‘(3) Each of the several States and the District of
Columbia criminalize intentional acts of extreme animal cruelty, such as the intentional crushing, burning, drowning, suffocating, or impaling of animals for
no socially redeeming purpose.
‘‘(4) There are certain extreme acts of animal cruelty that appeal to a specific sexual fetish. These acts
of extreme animal cruelty are videotaped, and the resulting video tapes are commonly referred to as ‘animal crush videos’.
‘‘(5) The Supreme Court of the United States has
long held that obscenity is an exception to speech
protected under the First Amendment to the Constitution of the United States.
‘‘(6) In the judgment of Congress, many animal
crush videos are obscene in the sense that the depictions, taken as a whole—
‘‘(A) appeal to the prurient interest in sex;
‘‘(B) are patently offensive; and
‘‘(C) lack serious literary, artistic, political, or
scientific value.
‘‘(7) Serious criminal acts of extreme animal cruelty are integral to the creation, sale, distribution,
advertising, marketing, and exchange of animal crush
videos.
‘‘(8) The creation, sale, distribution, advertising,
marketing, and exchange of animal crush videos is intrinsically related and integral to creating an incentive for, directly causing, and perpetuating demand
for the serious acts of extreme animal cruelty the
videos depict. The primary reason for those criminal
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.’’

§ 49. Enforcement of animal fighting prohibitions

FINDINGS

(a) IN GENERAL.—Whoever violates subsection
(a)(1), (b), (c), or (d) of section 26 of the Animal
Welfare Act shall be fined under this title, imprisoned for not more than 5 years, or both, for
each violation.
(b) ATTENDING AN ANIMAL FIGHTING VENTURE.—Whoever violates subsection (a)(2)(A) of
section 26 of the Animal Welfare Act (7 U.S.C.
2156) shall be fined under this title, imprisoned
for not more than 1 year, or both, for each violation.
(c) CAUSING AN INDIVIDUAL WHO HAS NOT ATTAINED THE AGE OF 16 TO ATTEND AN ANIMAL
FIGHTING VENTURE.—Whoever violates subsection (a)(2)(B) of section 26 (7 U.S.C. 2156) of
the Animal Welfare Act shall be fined under this
title, imprisoned for not more than 3 years, or
both, for each violation.

Pub. L. 111–294, § 2, Dec. 9, 2010, 124 Stat. 3177, provided
that: ‘‘The Congress finds the following:

(Added Pub. L. 110–22, § 2(a), May 3, 2007, 121
Stat. 88; amended Pub. L. 110–234, title XIV,

AMENDMENTS
2019—Pub. L. 116–72 amended section generally. Prior
to amendment, section related to animal crush videos.
2010—Pub. L. 111–294 amended section generally. Prior
to amendment, section related to depiction of animal
cruelty.
SEVERABILITY
Pub. L. 111–294, § 3(c), Dec. 9, 2010, 124 Stat. 3179, provided that: ‘‘If any provision of section 48 of title 18,
United States Code (as amended by this section), or the
application of the provision to any person or circumstance, is held to be unconstitutional, the provision
and the application of the provision to other persons or
circumstances shall not be affected thereby.’’

§ 81

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

§ 14207(b), May 22, 2008, 122 Stat. 1462; Pub. L.
110–246, § 4(a), title XIV, § 14207(b), June 18, 2008,
122 Stat. 1664, 2224; Pub. L. 113–79, title XII,
§ 12308(b)(2), Feb. 7, 2014, 128 Stat. 991; Pub. L.
115–334, title XII, § 12616(d), Dec. 20, 2018, 132 Stat.
5016.)
REFERENCES IN TEXT
Section 26 of the Animal Welfare Act, referred to in
text, is section 2156 of Title 7, Agriculture.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–334 substituted ‘‘(d)’’ for
‘‘(e)’’.
2014—Pub. L. 113–79 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘subsection
(a)(1),’’ for ‘‘subsection (a),’’, and added subsecs. (b) and
(c).
2008—Pub. L. 110–246, § 14207(b), substituted ‘‘5 years’’
for ‘‘3 years’’.
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–334 effective on the date
that is one year after Dec. 20, 2018, see section 12616(e)
of Pub. L. 115–334, set out as a note under section 2156
of Title 7, Agriculture.

Sections were consolidated and rewritten both as to
form and substance and that part of each section relating to destruction of property by means other than
burning constitutes section 1363 of this title.
The words ‘‘within the maritime and territorial jurisdiction of the United States’’ were added to preserve
existing limitations of territorial applicability. (See
section 7 of this title and note thereunder.)
The phrase ‘‘any building, structure, or vessel, any
machinery or building materials and supplies, military
or naval stores, munitions of war or any structural aids
or appliances for navigation or shipping’’ was substituted for ‘‘any dwelling house, or any store, barn,
stable, or other building, parcel of a dwelling house’’, in
section 464 of title 18, U.S.C., 1940 ed., and ‘‘any arsenal,
armory, magazine, rope walk, ship house, warehouse,
blockhouse, or barrack, or any storehouse, barn or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any
vessel, built, building, or undergoing repair, or any
lighthouse, or beacon, or any machinery, timber, cables, rigging, or other materials or appliances for building, repairing or fitting out vessels, or any pile of wood,
boards, or other lumber, or any military, naval or victualing stores, arms, or other munitions of war’’, in section 465 of title 18, U.S.C., 1940 ed. The substituted
phrase is a concise and comprehensive description of
the things enumerated in both sections.
The punishment provisions are new and are graduated with some regard to the gravity of the offense. It
was felt that a possible punishment of 20 years for
burning a wood pile or injuring or destroying an outbuilding was disproportionate and not in harmony with
recent legislation.

EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as an Effective Date note under
section 8701 of Title 7, Agriculture.

CHAPTER 5—ARSON
Sec.

81.

Arson within special maritime and territorial
jurisdiction.

§ 81. Arson within special maritime and territorial jurisdiction
Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any
building, structure or vessel, any machinery or
building materials or supplies, military or naval
stores, munitions of war, or any structural aids
or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be
imprisoned for not more than 25 years, fined the
greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or destroyed, or both.
If the building be a dwelling or if the life of
any person be placed in jeopardy, he shall be
fined under this title or imprisoned for any term
of years or for life, or both.
(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L.
103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13,
1994, 108 Stat. 2147; Pub. L. 104–132, title VII,
§ 708(b), Apr. 24, 1996, 110 Stat. 1296; Pub. L.
107–56, title VIII, §§ 810(a), 811(a), Oct. 26, 2001, 115
Stat. 380, 381.)

Page 32

AMENDMENTS
2001—Pub. L. 107–56, in first par., struck out ‘‘, or attempts to set fire to or burn’’ after ‘‘maliciously sets
fire to or burns’’ and inserted ‘‘or attempts or conspires
to do such an act,’’ before ‘‘shall be imprisoned’’ and,
in second par., substituted ‘‘for any term of years or for
life’’ for ‘‘not more than twenty years’’.
1996—Pub. L. 104–132, in first par., substituted ‘‘imprisoned for not more than 25 years, fined the greater
of the fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed,
or both’’ for ‘‘fined under this title or imprisoned not
more than five years, or both’’.
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $1,000’’ in first par. and
for ‘‘fined not more than $5,000’’ in second par.

CHAPTER 7—ASSAULT
Sec.

111.
112.
113.
114.
115.

116.
117.
118.
119.

Assaulting, resisting, or impeding certain officers or employees.
Protection of foreign officials, official guests,
and internationally protected persons.
Assaults within maritime and territorial jurisdiction.
Maiming within maritime and territorial jurisdiction.
Influencing, impeding, or retaliating against
a Federal official by threatening or injuring
a family member.
Female genital mutilation.
Domestic assault by an habitual offender.1
Interference with certain protective functions.
Protection of individuals performing certain
official duties.
AMENDMENTS

2008—Pub. L. 110–177, title II, § 202(b), Jan. 7, 2008, 121
Stat. 2537, added item 119.

HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., §§ 464, 465 (Mar. 4,
1909, ch. 321, §§ 285, 286, 35 Stat. 1144).

1 Editorially supplied. Section 117 added by Pub. L. 109–162
without corresponding amendment of chapter analysis.