Animal Cruelty: Now a Federal Crime under the PACT Act
Animal cruelty, the mistreatment and torture of animals, has long been recognized as an unacceptable act, punishable by law in all 50 states.
However, animals were not legally protected in instances of cruelty that crossed state boundaries or occurred in areas beyond state jurisdiction, such as federal property.
This loophole, which allowed certain acts of animal cruelty to go unpunished, was closed in 2019 with the enactment of the Prevention of Animal Cruelty and Torture (PACT) Act.
This significant step established animal abuse as a federal crime under certain circumstances, marking crucial progress in animal rights. This bill revises and expands criminal provisions regarding 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 criminalizing an intentional act of animal crushing. A violator is subject to criminal penalties, such as 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 medical or scientific research necessary to protect the life or property of a person, performed as part of euthanizing an animal, or unintentionally.
The PACT Act makes some of the most egregious forms of animal cruelty (specifically crushing, burning, drowning, suffocating, impaling, or sexual exploitation) in or affecting interstate commerce or within the territorial jurisdiction of the United States a federal crime.
The PACT Act extends federal jurisdiction to these specific and unspeakable acts of animal abuse, thus closing the loophole. Though animal fighting and the distribution of so-called "crush videos" are illegal under federal law, most animal cruelty laws are at the state level.
What Is the PACT Act?
The Prevention of Animal Cruelty and Torture Act, commonly known as the PACT Act, is a federal law that explicitly prohibits acts of extreme animal cruelty. Signed into law in November 2019, the PACT Act builds upon prior legislation known as the Animal Crush Video Prohibition Act of 2010 (embodied in Title 18 U.S. Code 48).
The earlier law criminalized the creation, sale, and distribution of videos depicting extreme forms of animal cruelty-commonly referred to as "animal crushing." Still, it did not outlaw the underlying acts of cruelty themselves.
The PACT Act amended 18 U.S.C. 48 to criminalize not only the production and dissemination of these videos but also the conduct itself if it occurs in areas of federal jurisdiction.
This includes acts taking place on federal property, in the "special maritime and territorial jurisdiction of the United States" (e.g., U.S. ships, planes, or external territories), or those involving interstate or foreign commerce.
Notably, there is a major situation where this law does not apply. Because it's a federal law, it is only effective where the actions took place in or affected interstate or foreign commerce or on federally owned property.
If the action is limited to the boundaries of a single state, this law does not apply. Further, the PACT Act specifies that it does not preempt any state or local animal welfare laws. In other words, people who violate state animal cruelty laws may be prosecuted under those state laws regardless of whether the PACT Act may also apply.
What is "Animal Crushing?"
At its core, the PACT Act criminalizes acts of "animal crushing." The law defines animal crushing as any conduct in which animals are purposely subjected to extreme physical abuse, causing serious bodily injury or death. Examples of animal crushing include beating, burning, suffocating, impaling, or otherwise torturing living non-human mammals, birds, reptiles, or amphibians.
The PACT Act applies only to specific situations that fall under federal jurisdiction. These include cases where the conduct:
- Occurs on federal property, such as national parks, military installations, or any other property owned or operated by the federal government. This is another key factor in determining the applicability of the PACT Act.
- Impacts interstate or foreign commerce, for example, if the abuse involves shipping animals or materials across state lines and/or
- Incidents occurring within the "special maritime and territorial jurisdiction of the United States" (e.g., U.S. ships, planes, or external territories). This refers to areas under federal jurisdiction, even if they are not within the boundaries of a specific state, and is another key factor in determining the applicability of the PACT Act.
Exclusions are provided for lawful acts such as hunting, farming practices, medical research, and euthanasia carried out by veterinarians. This ensures that legal activities essential to human interests or animal management are not misclassified as criminals under federal law.
What are the Penalties for a Conviction?
Potential fines are outlined in 18 U.S.C. 3571. Violating the PACT Act carries serious criminal penalties, typically more severe than in most states. If you're convicted of any form of animal crushing (or video depictions of such), you could face:
- Fines up to $250,000 and/or
- Up to seven years in federal prison.
Notably, most animal cruelty laws are at the state level. The PACT Act, while a significant step forward for animals, has limitations. It creates a corresponding federal animal cruelty statute, but its application is limited to actions that took place in or affected interstate or foreign commerce or on federally owned property.
What are the Possible Defense Strategies?
If you're facing federal charges of animal cruelty, a skilled federal criminal defense attorney can implement one or more defense strategies to counter the charges. Common defenses include, but are not limited to:
- Non-Federal Jurisdiction: The PACT Act only applies when the action meets the law's requirements for federal jurisdiction. If your attorney can show that the alleged conduct occurred solely within the confines of a single state, did not engage interstate commerce, or otherwise took place on federal property, the charges may be dropped (although other state charges may still apply).
- Lack of Intent: PACT only criminalizes purposeful, intentional acts of animal cruelty. Your attorney may argue that the harm done to the animal was accidental and that you had no intent to hurt the animal.
- Lack of Knowledge: If, for example, you were distributing videos without being aware they contained depictions of animal crushing, your attorney may use this fact to show that you could not have had the required knowledge or intent to commit the crime willfully.
- You Qualify for one of the Exempted Activities: If, for example, you can show the alleged conduct occurred in the context of normal, lawful hunting or trapping, slaughtering for food, research, veterinary euthanasia, or defense of home/property, you are exempt from prosecution under 18 U.S.C. 48.
- Violation of Procedural Rights: Like any criminal case, law enforcement must adhere to proper procedures during investigation and arrest. A defense strategy might include challenging the admissibility of evidence if it was obtained unlawfully, for instance, if a search warrant was not properly secured.
For more information, contact Eisner Gorin LLP, a federal criminal defense law firm based in Los Angeles, California.
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