                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
               CHAPTER 3--ANIMALS, BIRDS, FISH, AND PLANTS
 
Sec. 43. Animal enterprise terrorism

    (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 causes physical disruption to the functioning 
    of an animal enterprise by intentionally stealing, damaging, or 
    causing the loss of, any property (including animals or records) 
    used by the animal enterprise, and thereby causes economic damage 
    exceeding $10,000 to that enterprise, or conspires to do so;

shall be fined under this title or imprisoned not more than one year, or 
both.
    (b) Aggravated Offense.--
        (1) Serious bodily injury.--Whoever 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 10 
    years, or both.
        (2) Death.--Whoever 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; and
        (2) the loss of food production or farm income reasonably 
    attributable to 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.

(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.)


                            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

    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.
