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U.S. Code as of:
01/03/05
Section 2156. Animal fighting venture prohibition
(a) Sponsoring or exhibiting an animal in an animal fighting
venture
(1) In general
Except as provided in paragraph (2), it shall be unlawful for
any person to knowingly sponsor or exhibit an animal in an animal
fighting venture, if any animal in the venture was moved in
interstate or foreign commerce.
(2) Special rule for certain states
With respect to fighting ventures involving live birds in a
State where it would not be in violation of the law, it shall be
unlawful under this subsection for a person to sponsor or exhibit
a bird in the fighting venture only if the person knew that any
bird in the fighting venture was knowingly bought, sold,
delivered, transported, or received in interstate or foreign
commerce for the purpose of participation in the fighting
venture.
(b) Buying, selling, delivering, or transporting animals for
participation in animal fighting venture
It shall be unlawful for any person to knowingly sell, buy,
transport, deliver, or receive for purposes of transportation, in
interstate or foreign commerce, any dog or other animal for
purposes of having the dog or other animal participate in an animal
fighting venture.
(c) Use of Postal Service or other interstate instrumentality for
promoting or furthering animal fighting venture
It shall be unlawful for any person to knowingly use the mail
service of the United States Postal Service or any interstate
instrumentality for purposes of promoting or in any other manner
furthering an animal fighting venture except as performed outside
the limits of the States of the United States.
(d) Violation of State law
Notwithstanding the provisions of subsection (c) of this section,
the activities prohibited by such subsections shall be unlawful
with respect to fighting ventures involving live birds only if the
fight is to take place in a State where it would be in violation of
the laws thereof.
(e) Penalties
Any person who violates subsection (a), (b), or (c) of this
section shall be fined not more than $15,000 or imprisoned for not
more than 1 year, or both, for each such violation.
(f) Investigation of violations by Secretary; assistance by other
Federal agencies; issuance of search warrant; forfeiture; costs
recoverable in forfeiture or civil action
The Secretary or any other person authorized by him shall make
such investigations as the Secretary deems necessary to determine
whether any person has violated or is violating any provision of
this section, and the Secretary may obtain the assistance of the
Federal Bureau of Investigation, the Department of the Treasury, or
other law enforcement agencies of the United States, and State and
local governmental agencies, in the conduct of such investigations,
under cooperative agreements with such agencies. A warrant to
search for and seize any animal which there is probable cause to
believe was involved in any violation of this section may be issued
by any judge of the United States or of a State court of record or
by a United States magistrate judge within the district wherein the
animal sought is located. Any United States marshal or any person
authorized under this section to conduct investigations may apply
for and execute any such warrant, and any animal seized under such
a warrant shall be held by the United States marshal or other
authorized person pending disposition thereof by the court in
accordance with this subsection. Necessary care including
veterinary treatment shall be provided while the animals are so
held in custody. Any animal involved in any violation of this
section shall be liable to be proceeded against and forfeited to
the United States at any time on complaint filed in any United
States district court or other court of the United States for any
jurisdiction in which the animal is found and upon a judgment of
forfeiture shall be disposed of by sale for lawful purposes or by
other humane means, as the court may direct. Costs incurred by the
United States for care of animals seized and forfeited under this
section shall be recoverable from the owner of the animals if he
appears in such forfeiture proceeding or in a separate civil action
brought in the jurisdiction in which the owner is found, resides,
or transacts business.
(g) Definitions
For purposes of this section -
(1) the term "animal fighting venture" means any event which
involves a fight between at least two animals and is conducted
for purposes of sport, wagering, or entertainment except that the
term "animal fighting venture" shall not be deemed to include any
activity the primary purpose of which involves the use of one or
more animals in hunting another animal or animals, such as
waterfowl, bird, raccoon, or fox hunting;
(2) the term "interstate or foreign commerce" means -
(A) any movement between any place in a State to any place in
another State or between places in the same State through
another State; or
(B) any movement from a foreign country into any State or
from any State into any foreign country;
(3) the term "interstate instrumentality" means telegraph,
telephone, radio, or television operating in interstate or
foreign commerce;
(4) the term "State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States;
(5) the term "animal" means any live bird, or any live dog or
other mammal, except man; and
(6) the conduct by any person of any activity prohibited by
this section shall not render such person subject to the other
sections of this chapter as a dealer, exhibitor, or otherwise.
(h) Conflict with State law
The provisions of this chapter shall not supersede or otherwise
invalidate any such State, local, or municipal legislation or
ordinance relating to animal fighting ventures except in case of a
direct and irreconcilable conflict between any requirements
thereunder and this chapter or any rule, regulation, or standard
hereunder.
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