US (United States) Code. Title 18. Chapter 3: Animal, birds, fish and plants

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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18 USC CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

.

-HEAD-

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

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Sec.

41. Hunting, fishing, trapping; disturbance or injury on wildlife

refuges.

42. Importation or shipment of injurious mammals, birds, fish

(including mollusks and crustacea), amphibia, and reptiles;

permits, specimens for museums; regulations.

43. Animal enterprise terrorism.

(44, 45. Repealed.)

46. Transportation of water hyacinths.

47. Use of aircraft or motor vehicles to hunt certain wild horses

or burros; pollution of watering holes.

48. Depiction of animal cruelty.

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

1999 - Pub. L. 106-152, Sec. 1(b), Dec. 9, 1999, 113 Stat. 1732,

added item 48.

1992 - Pub. L. 102-346, Sec. 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, Sec. 1206(b), title XXXV, Sec.

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, Sec. 1(b), Sept. 8, 1959, 73 Stat. 470,

added item 47.

1956 - Act Aug. 1, 1956, ch. 825, Sec. 2(b), 70 Stat. 798,

amended chapter heading to include reference to ''Plants'' and

added item 46.

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18 USC Sec. 41 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

-HEAD-

Sec. 41. Hunting, fishing, trapping; disturbance or injury on

wildlife refuges

-STATUTE-

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 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 145 and Sec. 676, 682,

683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed.,

Conservation (Jan. 24, 1905, ch. 137, Sec. 2, 33 Stat. 614; June

29, 1906, ch. 3593, Sec. 2, 34 Stat. 607; Mar. 4, 1909, ch. 321,

Sec. 84, 35 Stat. 1104; Aug. 11, 1916, ch. 313, 39 Stat. 476; June

5, 1920, ch. 247, Sec. 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, Sec. 6, 44 Stat. 821; July 3, 1926, ch. 776, Sec. 3, 44 Stat.

889; June 28, 1930, ch. 709, Sec. 2, 46 Stat. 828; Mar. 10, 1934,

ch. 54, Sec. 2, 48 Stat. 400; Reorg. Plan No. II, Sec. 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''.

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18 USC Sec. 42 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

-HEAD-

Sec. 42. Importation or shipment of injurious mammals, birds, fish

(including mollusks and crustacea), amphibia, and reptiles;

permits, specimens for museums; regulations

-STATUTE-

(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

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; 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, (FOOTNOTE 1) insofar as such importation is subject to

regulation under that Act.

(FOOTNOTE 1) See References in Text note below.

(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.

(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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 687; May 24, 1949, ch. 139, Sec.

2, 63 Stat. 89; Pub. L. 86-702, Sec. 1, Sept. 2, 1960, 74 Stat.

753; Pub. L. 97-79, Sec. 9(d), Nov. 16, 1981, 95 Stat. 1079; Pub.

L. 101-646, title I, Sec. 1208, Nov. 29, 1990, 104 Stat. 4772; Pub.

L. 102-237, title X, Sec. 1013(e), Dec. 13, 1991, 105 Stat. 1901;

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994,

108 Stat. 2147; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110

Stat. 4091.)

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HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 391, 394 (Mar. 4, 1909,

ch. 321, Sec. 241, 244, 35 Stat. 1137, 1138; June 15, 1935, ch.

261, title II, Sec. 201, 49 Stat. 381; Reorg. Plan No. II, Sec.

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.

-REFTEXT-

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 (Sec. 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 (Sec. 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 (Sec. 150aa et seq.)

of Title 7, Agriculture, prior to repeal by Pub. L. 106-224, title

IV, Sec. 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.

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AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-332 made technical amendment

to Pub. L. 101-646, Sec. 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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 1527; title 39

section 3015.

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18 USC Sec. 43 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

-HEAD-

Sec. 43. Animal enterprise terrorism

-STATUTE-

(a) Offense. - Whoever -

(1) travels in interstate or foreign commerce, or uses or

causes to be used the mail or any facility in interstate or

foreign commerce for the purpose of causing physical disruption

to the functioning of an animal enterprise; and

(2) intentionally damages or causes the loss of any property

(including animals or records) used by the animal enterprise, or

conspires to do so,

shall be punished as provided for in subsection (b).

(b) Penalties. -

(1) Economic damage. - Any person who, in the course of a

violation of subsection (a), causes economic damage not exceeding

$10,000 to an animal enterprise shall be fined under this title

or imprisoned not more than 6 months, or both.

(2) Major economic damage. - Any person who, in the course of a

violation of subsection (a), causes economic damage exceeding

$10,000 to an animal enterprise shall be fined under this title

or imprisoned not more than 3 years, or both.

(3) Serious bodily injury. - Any person who, in the course of a

violation of subsection (a), causes serious bodily injury to

another individual shall be fined under this title or imprisoned

not more than 20 years, or both.

(4) Death. - Any person who, in the course of a violation of

subsection (a), causes the death of an individual shall be fined

under this title and imprisoned for life or for any term of

years.

(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) the loss of food production or farm income reasonably

attributable to the offense; and

(3) for any other economic damage 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 animals for

food or fiber production, agriculture, research, or testing;

(B) a zoo, aquarium, circus, rodeo, or lawful competitive

animal event; or

(C) any fair or similar event intended to advance

agricultural arts and sciences;

(2) the term ''physical disruption'' does not include any

lawful disruption that results from lawful public, governmental,

or animal enterprise employee reaction to the disclosure of

information about an animal enterprise;

(3) the term ''economic damage'' means the replacement costs of

lost or damaged property or records, the costs of repeating an

interrupted or invalidated experiment, or the loss of profits;

and

(4) the term ''serious bodily injury'' has the meaning given

that term in section 1365 of this title.

(e) Non-Preemption. - Nothing in this section preempts any State

law.

-SOURCE-

(Added Pub. L. 102-346, Sec. 2(a), Aug. 26, 1992, 106 Stat. 928;

amended Pub. L. 104-294, title VI, Sec. 601(r)(3), Oct. 11, 1996,

110 Stat. 3502; Pub. L. 107-188, title III, Sec. 336, June 12,

2002, 116 Stat. 681.)

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PRIOR PROVISIONS

A prior section 43, acts June 25, 1948, ch. 645, 62 Stat. 687;

Sept. 2, 1960, Pub. L. 86-702, Sec. 2, 74 Stat. 754; Dec. 5, 1969,

Pub. L. 91-135, Sec. 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, Sec. 9(b)(2),

Nov. 16, 1981, 95 Stat. 1079. See section 3372(a) of Title 16,

Conservation.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-188, Sec. 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 provisons 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, Sec. 336(b), amended subsec. (b)

generally, substituting ''Penalties'' for ''Aggravated Offense'' in

heading and list of penalites for property damage, personal injury

and death for reference to serious bodily injury and death in text.

Subsec. (c)(3). Pub. L. 107-188, Sec. 336(c), added par. (3).

1996 - Subsec. (c). Pub. L. 104-294 inserted ''or 3663A'' after

''section 3663'' in introductory provisions.

SHORT TITLE

Section 1 of Pub. L. 102-346 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.

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18 USC Sec. 44 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

-HEAD-

(Sec. 44. Repealed. Pub. L. 97-79, Sec. 9(b)(2), Nov. 16, 1981, 95

Stat. 1079)

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Section, acts June 25, 1948, ch. 645, 62 Stat. 687; Dec. 5, 1969,

Pub. L. 91-135, Sec. 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.

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18 USC Sec. 45 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

-HEAD-

(Sec. 45. Repealed. Pub. L. 101-647, title XII, Sec. 1206(a), Nov.

29, 1990, 104 Stat. 4832)

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Section, act June 25, 1948, ch. 645, 62 Stat. 688, related to

penalties for capturing or killing carrier pigeons.

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18 USC Sec. 46 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

-HEAD-

Sec. 46. Transportation of water hyacinths

-STATUTE-

(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.

-SOURCE-

(Added Aug. 1, 1956, ch. 825, Sec. 1, 70 Stat. 797; amended Pub. L.

103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat.

2147.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

-CITE-

18 USC Sec. 47 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

-HEAD-

Sec. 47. Use of aircraft or motor vehicles to hunt certain wild

horses or burros; pollution of watering holes

-STATUTE-

(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.

(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.

-SOURCE-

(Added Pub. L. 86-234, Sec. 1(a), Sept. 8, 1959, 73 Stat. 470;

amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13,

1994, 108 Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a), (b). Pub. L. 103-322 substituted ''fined

under this title'' for ''fined not more than $500''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1338a.

-CITE-

18 USC Sec. 48 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

-HEAD-

Sec. 48. Depiction of animal cruelty

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 106-152, Sec. 1(a), Dec. 9, 1999, 113 Stat. 1732.)

-CITE-