Bill: Federal Offense for Spectators, Adults Who Bring Minors to Organized Animal Fights
Jul 12, 2011
MARINO, SUTTON INTRODUCE ANIMAL FIGHTING SPECTATOR PROHIBITION ACT
WASHINGTON (July 12, 2011) – U.S. Rep. Tom Marino, PA-10, along with U.S. Rep. Betty Sutton, OH-13, have introduced legislation that makes it a federal offense to attend an organized animal fight and imposes additional penalties for taking minors to such events.
HR 2492, the Animal Fighting Spectator Prohibition Act of 2011, complements state laws that address spectators at animal fights and takes it a step further by penalizing adults who expose children to these heinous acts.
Organized animal fighting is a federal crime and illegal in all 50 states but the issue of spectators at these barbaric events is not addressed on the federal level. It is illegal in 49 states to be a knowing spectator at animal fights; 28 states impose felony-level penalties on spectators.
“As a former state and federal prosecutor, I’ve seen first-hand the criminal culture that surrounds animal fighting events and the damaging influence this environment has on our children,” Marino said. “We try to protect our kids from criminal violence and yet there are no consequences for those adults who take impressionable children to animal fights where they can witness these heinous acts in person.”
The Marino-Sutton bill is a bipartisan effort (Marino is a Republican, Sutton a Democrat) that imposes federal misdemeanor penalties for knowing attendance and felony penalties for causing a minor to attend. The law would not apply to individuals who are not aware that they are attending an animal fight or to situations where two animals fight without provocation by animal fighting organizers.
“I introduced this legislation to make sure that law enforcement has all of the tools necessary to deprive the organizers and profiteers of these horrific events from receiving the support they need to continue this activity,” Marino said.
Because organized animal fighting is illegal, the activity is highly clandestine. Spectators at animal fights don’t accidentally happen upon a fight – they seek out the criminal activity at secret locations, often need passwords to enter, and pay hefty admission fees for the opportunity to watch and gamble on the fights – facts that a prosecutor might use as evidence to prove that a defendant is knowingly in attendance.
When active animal fighting operations are raided, it is a common practice for the organizers, promoters, and animal owners to blend into the crowd in order to shield themselves from law enforcement. As a result, many states have enacted legislation to make attendance at an animal fight a criminal offense, a critical step to discourage individuals from facilitating animal f?ghts by their attendance, and to ensure that the organizers of animal f?ghts cannot easily escape into a crowd when law-enforcement officials arrive.
Penalties will be up to one year in prison and f?nes for attending a fight, and a penalty of up to three years in jail and f?nes for bringing or causing a minor to attend.
The bill has the support of The Humane Society of the United States and Humane Society Legislative Fund.
“Spectators are participants and accomplices who enable the crime of animal fighting, provide a large share of the funding for the criminal enterprise through their admission fees and gambling wagers, and help conceal handlers and organizers who try to blend into the crowd when a bust occurs,” said Wayne Pacelle, president and CEO of The Humane Society of the United States. “We are grateful to Representatives Marino and Sutton for introducing this legislation. We call on Congress to swiftly pass it and give law enforcement the tools they need to crack down on the entire cast of characters involved in animal fighting.”
Text Of HR 2492
112th CONGRESS
1st Session
H. R. 2492
To prohibit attendance of an animal fighting venture, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 11, 2011
Mr. MARINO (for himself and Ms. SUTTON) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To prohibit attendance of an animal fighting venture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Animal Fighting Spectator Prohibition Act of 2011'.
SEC. 2. PROHIBITION ON ATTENDING AN ANIMAL FIGHT OR CAUSING A MINOR TO ATTEND AN ANIMAL FIGHT.
Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended--
(1) in subsection (a)--
(A) in the heading, by striking `Sponsoring or Exhibiting an Animal in' and inserting `Sponsoring or Exhibiting an Animal in, Attending, or Causing a Minor To Attend';
(B) in paragraph (1)--
(i) in the heading, by striking `In General' and inserting `Sponsoring or Exhibiting'; and
(ii) by striking `paragraph (2)' and inserting `paragraph (3)';
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following new paragraph:
`(2) ATTENDING OR CAUSING A MINOR TO ATTEND- It shall be unlawful for any person to--
`(A) knowingly attend an animal fighting venture; or
`(B) cause a minor to attend an animal fighting venture.'; and
(2) in subsection (g), by adding at the end the following new paragraph:
`(5) the term `minor' means a person under the age of 18 years old.'.
SEC. 3. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.
Section 49 of title 18, United States Code, is amended--
(1) by striking `Whoever' and inserting `(a) IN GENERAL- Whoever';
(2) in subsection (a), as designated by paragraph (1) of this section, by striking `subsection (a),' and inserting `subsection (a)(1),'; and
(3) by adding at the end the following new subsections:
`(b) Attending an Animal Fighting Venture- Whoever violates subsection (a)(2)(A) of section 26 of the Animal Welfare Act (7 U.S.C. 2156) shall be fined under this title, imprisoned for not more than 1 year, or both, for each violation.
`(c) Causing a Minor To Attend an Animal Fighting Venture- Whoever violates subsection (a)(2)(B) of section 26 (7 U.S.C. 2156) of the Animal Welfare Act shall be fined under this title, imprisoned for not more than 3 years, or both, for each violation.'.
Jul 12, 2011
MARINO, SUTTON INTRODUCE ANIMAL FIGHTING SPECTATOR PROHIBITION ACT
WASHINGTON (July 12, 2011) – U.S. Rep. Tom Marino, PA-10, along with U.S. Rep. Betty Sutton, OH-13, have introduced legislation that makes it a federal offense to attend an organized animal fight and imposes additional penalties for taking minors to such events.
HR 2492, the Animal Fighting Spectator Prohibition Act of 2011, complements state laws that address spectators at animal fights and takes it a step further by penalizing adults who expose children to these heinous acts.
Organized animal fighting is a federal crime and illegal in all 50 states but the issue of spectators at these barbaric events is not addressed on the federal level. It is illegal in 49 states to be a knowing spectator at animal fights; 28 states impose felony-level penalties on spectators.
“As a former state and federal prosecutor, I’ve seen first-hand the criminal culture that surrounds animal fighting events and the damaging influence this environment has on our children,” Marino said. “We try to protect our kids from criminal violence and yet there are no consequences for those adults who take impressionable children to animal fights where they can witness these heinous acts in person.”
The Marino-Sutton bill is a bipartisan effort (Marino is a Republican, Sutton a Democrat) that imposes federal misdemeanor penalties for knowing attendance and felony penalties for causing a minor to attend. The law would not apply to individuals who are not aware that they are attending an animal fight or to situations where two animals fight without provocation by animal fighting organizers.
“I introduced this legislation to make sure that law enforcement has all of the tools necessary to deprive the organizers and profiteers of these horrific events from receiving the support they need to continue this activity,” Marino said.
Because organized animal fighting is illegal, the activity is highly clandestine. Spectators at animal fights don’t accidentally happen upon a fight – they seek out the criminal activity at secret locations, often need passwords to enter, and pay hefty admission fees for the opportunity to watch and gamble on the fights – facts that a prosecutor might use as evidence to prove that a defendant is knowingly in attendance.
When active animal fighting operations are raided, it is a common practice for the organizers, promoters, and animal owners to blend into the crowd in order to shield themselves from law enforcement. As a result, many states have enacted legislation to make attendance at an animal fight a criminal offense, a critical step to discourage individuals from facilitating animal f?ghts by their attendance, and to ensure that the organizers of animal f?ghts cannot easily escape into a crowd when law-enforcement officials arrive.
Penalties will be up to one year in prison and f?nes for attending a fight, and a penalty of up to three years in jail and f?nes for bringing or causing a minor to attend.
The bill has the support of The Humane Society of the United States and Humane Society Legislative Fund.
“Spectators are participants and accomplices who enable the crime of animal fighting, provide a large share of the funding for the criminal enterprise through their admission fees and gambling wagers, and help conceal handlers and organizers who try to blend into the crowd when a bust occurs,” said Wayne Pacelle, president and CEO of The Humane Society of the United States. “We are grateful to Representatives Marino and Sutton for introducing this legislation. We call on Congress to swiftly pass it and give law enforcement the tools they need to crack down on the entire cast of characters involved in animal fighting.”
Text Of HR 2492
112th CONGRESS
1st Session
H. R. 2492
To prohibit attendance of an animal fighting venture, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 11, 2011
Mr. MARINO (for himself and Ms. SUTTON) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To prohibit attendance of an animal fighting venture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Animal Fighting Spectator Prohibition Act of 2011'.
SEC. 2. PROHIBITION ON ATTENDING AN ANIMAL FIGHT OR CAUSING A MINOR TO ATTEND AN ANIMAL FIGHT.
Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended--
(1) in subsection (a)--
(A) in the heading, by striking `Sponsoring or Exhibiting an Animal in' and inserting `Sponsoring or Exhibiting an Animal in, Attending, or Causing a Minor To Attend';
(B) in paragraph (1)--
(i) in the heading, by striking `In General' and inserting `Sponsoring or Exhibiting'; and
(ii) by striking `paragraph (2)' and inserting `paragraph (3)';
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following new paragraph:
`(2) ATTENDING OR CAUSING A MINOR TO ATTEND- It shall be unlawful for any person to--
`(A) knowingly attend an animal fighting venture; or
`(B) cause a minor to attend an animal fighting venture.'; and
(2) in subsection (g), by adding at the end the following new paragraph:
`(5) the term `minor' means a person under the age of 18 years old.'.
SEC. 3. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.
Section 49 of title 18, United States Code, is amended--
(1) by striking `Whoever' and inserting `(a) IN GENERAL- Whoever';
(2) in subsection (a), as designated by paragraph (1) of this section, by striking `subsection (a),' and inserting `subsection (a)(1),'; and
(3) by adding at the end the following new subsections:
`(b) Attending an Animal Fighting Venture- Whoever violates subsection (a)(2)(A) of section 26 of the Animal Welfare Act (7 U.S.C. 2156) shall be fined under this title, imprisoned for not more than 1 year, or both, for each violation.
`(c) Causing a Minor To Attend an Animal Fighting Venture- Whoever violates subsection (a)(2)(B) of section 26 (7 U.S.C. 2156) of the Animal Welfare Act shall be fined under this title, imprisoned for not more than 3 years, or both, for each violation.'.