§ 48. — Depiction of animal cruelty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC48]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 3--ANIMALS, BIRDS, FISH, AND PLANTS
Sec. 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.
(Added Pub. L. 106-152, Sec. 1(a), Dec. 9, 1999, 113 Stat. 1732.)
