§ 2156. — Animal fighting venture prohibition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2156]
TITLE 7--AGRICULTURE
CHAPTER 54--TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
Sec. 2156. Animal fighting venture prohibition
(a) Sponsoring or exhibiting an animal in an animal fighting venture
(1) In general
Except as provided in paragraph (2), it shall be unlawful for
any person to knowingly sponsor or exhibit an animal in an animal
fighting venture, if any animal in the venture was moved in
interstate or foreign commerce.
(2) Special rule for certain states
With respect to fighting ventures involving live birds in a
State where it would not be in violation of the law, it shall be
unlawful under this subsection for a person to sponsor or exhibit a
bird in the fighting venture only if the person knew that any bird
in the fighting venture was knowingly bought, sold, delivered,
transported, or received in interstate or foreign commerce for the
purpose of participation in the fighting venture.
(b) Buying, selling, delivering, or transporting animals for
participation in animal fighting venture
It shall be unlawful for any person to knowingly sell, buy,
transport, deliver, or receive for purposes of transportation, in
interstate or foreign commerce, any dog or other animal for purposes of
having the dog or other animal participate in an animal fighting
venture.
(c) Use of Postal Service or other interstate instrumentality for
promoting or furthering animal fighting venture
It shall be unlawful for any person to knowingly use the mail
service of the United States Postal Service or any interstate
instrumentality for purposes of promoting or in any other manner
furthering an animal fighting venture except as performed outside the
limits of the States of the United States.
(d) Violation of State law
Notwithstanding the provisions of subsection (c) of this section,
the activities prohibited by such subsections shall be unlawful with
respect to fighting ventures involving live birds only if the fight is
to take place in a State where it would be in violation of the laws
thereof.
(e) Penalties
Any person who violates subsection (a), (b), or (c) of this section
shall be fined not more than $15,000 or imprisoned for not more than 1
year, or both, for each such violation.
(f) Investigation of violations by Secretary; assistance by other
Federal agencies; issuance of search warrant; forfeiture; costs
recoverable in forfeiture or civil action
The Secretary or any other person authorized by him shall make such
investigations as the Secretary deems necessary to determine whether any
person has violated or is violating any provision of this section, and
the Secretary may obtain the assistance of the Federal Bureau of
Investigation, the Department of the Treasury, or other law enforcement
agencies of the United States, and State and local governmental
agencies, in the conduct of such investigations, under cooperative
agreements with such agencies. A warrant to search for and seize any
animal which there is probable cause to believe was involved in any
violation of this section may be issued by any judge of the United
States or of a State court of record or by a United States magistrate
judge within the district wherein the animal sought is located. Any
United States marshal or any person authorized under this section to
conduct investigations may apply for and execute any such warrant, and
any animal seized under such a warrant shall be held by the United
States marshal or other authorized person pending disposition thereof by
the court in accordance with this subsection. Necessary care including
veterinary treatment shall be provided while the animals are so held in
custody. Any animal involved in any violation of this section shall be
liable to be proceeded against and forfeited to the United States at any
time on complaint filed in any United States district court or other
court of the United States for any jurisdiction in which the animal is
found and upon a judgment of forfeiture shall be disposed of by sale for
lawful purposes or by other humane means, as the court may direct. Costs
incurred by the United States for care of animals seized and forfeited
under this section shall be recoverable from the owner of the animals if
he appears in such forfeiture proceeding or in a separate civil action
brought in the jurisdiction in which the owner is found, resides, or
transacts business.
(g) Definitions
For purposes of this section--
(1) the term ``animal fighting venture'' means any event which
involves a fight between at least two animals and is conducted for
purposes of sport, wagering, or entertainment except that the term
``animal fighting venture'' shall not be deemed to include any
activity the primary purpose of which involves the use of one or
more animals in hunting another animal or animals, such as
waterfowl, bird, raccoon, or fox hunting;
(2) the term ``interstate or foreign commerce'' means--
(A) any movement between any place in a State to any place
in another State or between places in the same State through
another State; or
(B) any movement from a foreign country into any State or
from any State into any foreign country;
(3) the term ``interstate instrumentality'' means telegraph,
telephone, radio, or television operating in interstate or foreign
commerce;
(4) the term ``State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States;
(5) the term ``animal'' means any live bird, or any live dog or
other mammal, except man; and
(6) the conduct by any person of any activity prohibited by this
section shall not render such person subject to the other sections
of this chapter as a dealer, exhibitor, or otherwise.
(h) Conflict with State law
The provisions of this chapter shall not supersede or otherwise
invalidate any such State, local, or municipal legislation or ordinance
relating to animal fighting ventures except in case of a direct and
irreconcilable conflict between any requirements thereunder and this
chapter or any rule, regulation, or standard hereunder.
(Pub. L. 89-544, Sec. 26(a)-(h)(1), as added Pub. L. 94-279, Sec. 17,
Apr. 22, 1976, 90 Stat. 421; amended Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 107-171, title X,
Secs. 10302(a), 10303(a), May 13, 2002, 116 Stat. 491, 492.)
Codification
Section consists of subsecs. (a) to (h)(1) of section 26 of Pub. L.
89-544, as added by Pub. L. 94-279. Subsec. (h)(2) of section 26 of Pub.
L. 89-544, as added by Pub. L. 94-279, amended section 3001(a) of Title
39, Postal Service.
Amendments
2002--Subsec. (a). Pub. L. 107-171, Sec. 10302(a)(1), added subsec.
(a) and struck out former subsec. (a) which read as follows: ``It shall
be unlawful for any person to knowingly sponsor or exhibit an animal in
any animal fighting venture to which any animal was moved in interstate
or foreign commerce.''
Subsec. (b). Pub. L. 107-171, Sec. 10302(a)(2), substituted
``deliver, or receive'' for ``or deliver to another person or receive
from another person''.
Subsec. (d). Pub. L. 107-171, Sec. 10302(a)(3), substituted
``subsection (c) of this section'' for ``subsections (a), (b), or (c) of
this section''.
Subsec. (e). Pub. L. 107-171, Sec. 10303(a)(1), inserted heading and
substituted ``$15,000'' for ``$5,000'' in text.
Subsec. (g)(2)(B). Pub. L. 107-171, Sec. 10303(a)(2), inserted ``or
from any State into any foreign country'' before semicolon.
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (f) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
Effective Date of 2002 Amendment
Pub. L. 107-171, title X, Sec. 10302(b), May 13, 2002, 116 Stat.
492, provided that: ``The amendments made by this section [amending this
section] take effect 1 year after the date of enactment of this Act [May
13, 2002].''
Pub. L. 107-171, title X, Sec. 10303(b), May 13, 2002, 116 Stat.
492, provided that: ``The amendment made by this section [amending this
section] takes effect 1 year after the date of enactment of this Act
[May 13, 2002].''
Section Referred to in Other Sections
This section is referred to in sections 2153, 2154; title 39 section
3001.
