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U.S. Code as of:
01/19/04
Section 48. Depiction of animal cruelty
(a) Creation, Sale, or Possession. - Whoever knowingly creates,
sells, or possesses a depiction of animal cruelty with the
intention of placing that depiction in interstate or foreign
commerce for commercial gain, shall be fined under this title or
imprisoned not more than 5 years, or both.
(b) Exception. - Subsection (a) does not apply to any depiction
that has serious religious, political, scientific, educational,
journalistic, historical, or artistic value.
(c) Definitions. - In this section -
(1) the term "depiction of animal cruelty" means any visual or
auditory depiction, including any photograph, motion-picture
film, video recording, electronic image, or sound recording of
conduct in which a living animal is intentionally maimed,
mutilated, tortured, wounded, or killed, if such conduct is
illegal under Federal law or the law of the State in which the
creation, sale, or possession takes place, regardless of whether
the maiming, mutilation, torture, wounding, or killing took place
in the State; and
(2) the term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and any other commonwealth, territory, or
possession of the United States.
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