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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.) -MISC1- 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 provisions 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 penalties 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. -End- -CITE- 18 USC Sec. 44 01/19/04 -EXPCITE- 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] -MISC1- 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. -End- -CITE- 18 USC Sec. 45 01/19/04 -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] -MISC1- Section, act June 25, 1948, ch. 645, 62 Stat. 688, related to penalties for capturing or killing carrier pigeons. -End- -CITE- 18 USC Sec. 46 01/19/04 -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". -End- -CITE- 18 USC Sec. 47 01/19/04 -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. -End- -CITE- 18 USC Sec. 48 01/19/04 -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.) -End- -CITE- 18 USC CHAPTER 5 - ARSON 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 5 - ARSON -HEAD- CHAPTER 5 - ARSON -MISC1- Sec. 81. Arson within special maritime and territorial jurisdiction. -End- -CITE- 18 USC Sec. 81 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 5 - ARSON -HEAD- Sec. 81. Arson within special maritime and territorial jurisdiction -STATUTE- Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both. If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-132, title VII, Sec. 708(b), Apr. 24, 1996, 110 Stat. 1296; Pub. L. 107-56, title VIII, Secs. 810(a), 811(a), Oct. 26, 2001, 115 Stat. 380, 381.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Secs. 464, 465 (Mar. 4, 1909, ch. 321, Secs. 285, 286, 35 Stat. 1144). Sections were consolidated and rewritten both as to form and substance and that part of each section relating to destruction of property by means other than burning constitutes section 1363 of this title. The words "within the maritime and territorial jurisdiction of the United States" were added to preserve existing limitations of territorial applicability. (See section 7 of this title and note thereunder.) The phrase "any building, structure, or vessel, any machinery or building materials and supplies, military or naval stores, munitions of war or any structural aids or appliances for navigation or shipping" was substituted for "any dwelling house, or any store, barn, stable, or other building, parcel of a dwelling house", in section 464 of title 18, U.S.C., 1940 ed., and "any arsenal, armory, magazine, rope walk, ship house, warehouse, blockhouse, or barrack, or any storehouse, barn or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any vessel, built, building, or undergoing repair, or any lighthouse, or beacon, or any machinery, timber, cables, rigging, or other materials or appliances for building, repairing or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval or victualing stores, arms, or other munitions of war", in section 465 of title 18, U.S.C., 1940 ed. The substituted phrase is a concise and comprehensive description of the things enumerated in both sections. The punishment provisions are new and are graduated with some regard to the gravity of the offense. It was felt that a possible punishment of 20 years for burning a wood pile or injuring or destroying an outbuilding was disproportionate and not in harmony with recent legislation. AMENDMENTS 2001 - Pub. L. 107-56, in first par., struck out ", or attempts to set fire to or burn" after "maliciously sets fire to or burns" and inserted "or attempts or conspires to do such an act," before "shall be imprisoned" and, in second par., substituted "for any term of years or for life" for "not more than twenty years". 1996 - Pub. L. 104-132, in first par., substituted "imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both" for "fined under this title or imprisoned not more than five years, or both". 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $1,000" in first par. and for "fined not more than $5,000" in second par. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2332b, 2339A, 3295, 5032 of this title. -End- -CITE- 18 USC CHAPTER 7 - ASSAULT 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 7 - ASSAULT -HEAD- CHAPTER 7 - ASSAULT -MISC1- Sec. 111. Assaulting, resisting, or impeding certain officers or employees. 112. Protection of foreign officials, official guests, and internationally protected persons. 113. Assaults within maritime and territorial jurisdiction. 114. Maiming within maritime and territorial jurisdiction. 115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member. 116. Female genital mutilation. AMENDMENTS 1996 - Pub. L. 104-208, div. C, title VI, Sec. 645(b)(2), Sept. 30, 1996, 110 Stat. 3009-709, added item 116. 1984 - Pub. L. 98-473, title II, Sec. 1008(b), Oct. 12, 1984, 98 Stat. 2140, added item 115. 1976 - Pub. L. 94-467, Sec. 6, Oct. 8, 1976, 90 Stat. 2000, substituted "official guests, and internationally protected persons" for "and official guests" in item 112. 1972 - Pub. L. 92-539, title III, Sec. 302, Oct. 24, 1972, 86 Stat. 1073, substituted "Protection of foreign officials and official guests" for "Assaulting certain foreign diplomatic and other official personnel" in item 112. 1964 - Pub. L. 88-493, Sec. 2, Aug. 27, 1964, 78 Stat. 610, substituted "certain foreign diplomatic and other official personnel" for "public minister" in item 112. -End- -CITE- 18 USC Sec. 111 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 7 - ASSAULT -HEAD- Sec. 111. Assaulting, resisting, or impeding certain officers or employees -STATUTE- (a) In General. - Whoever - (1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or (2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person's term of service, shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and in all other cases, be fined under this title or imprisoned not more than 8 years, or both. (b) Enhanced Penalty. - Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be

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