THE PACT ACT
The PACT Act (Preventing Animal Cruelty and Torture Act) was signed into federal law IN 2019! This is a great law that builds on 2010’s Animal Crush Prohibition Act by making any activity defined as “animal crushing” potentially a federal crime, whether or not the act is committed as part of a crush video.
This good information to have because everyone thinks that the new federal that was passed on animal cruelty covers more than it actually does. Also it is still up to each state to have harsher penalties of their own.
There is the federal legislation that recently passed called the PACT act. The PACT Act stands for Preventing Animal Cruelty and Torture Act and builds on 2010’s Animal Crush Prohibition Act.
Unfortunately, there are lots of misleading and confusing headlines on this law, including that the PACT Act:
“makes animal cruelty a federal felony”
“Makes Cruelty To Animals A Federal Crime”
“Bans Cruelty”
“Makes Animal Abuse a Federal Offense”
is a “Sweeping Federal Ban on Animal Cruelty”.
The PACT Act DOES make some animal cruelty a federal offense, but here are the basics:
What is “Animal Crushing”?
Animal crushing commonly refers to extreme fetish videos depicting animal abuse—where small animals are crushed, ripped apart, burned, or otherwise tortured to death. Usually, this is designed for the sexual gratification of the viewer. In 2010, a federal law was passed that banned the creation or depiction of such videos/acts, but NOT the actual underlying act of animal cruelty.
What does the PACT Act cover?
It outlaws purposeful crushing, burning, drowning, suffocation, impalement and other purposeful acts that cause “serious bodily injury” to animals other than fish. It also prohibits some acts of sexual abuse against animals other than fish, but this particular provision seems to have a qualifier that such acts are only prohibited if committed in the “special maritime and territorial jurisdiction of the United States.”
It outlines exemptions for humane euthanasia; slaughter for food; recreational activities such as hunting, trapping, and fishing; medical and scientific research; normal veterinary, agricultural husbandry, or other animal management practice; unintentional acts; and acts that are necessary to protect the life or property of a person.
It does not apply to anything other than the specific acts of cruelty listed above.
It does not cover all acts of animal cruelty.
It does not cover acts of neglect (lack of food/water/care/shelter, etc.), abandonment, extreme weather, filthy conditions, or tethering issues.
It does not cover “puppy mill” issues.
Does the PACT Act change state and local law?
No. An offender can only be prosecuted pursuant to the PACT Act if the criminal act occurs on federal property (ex: national parks, military bases) or “in or affecting interstate or foreign commerce.”
The PACT Act was designed not to preempt or interfere with local/state animal cruelty laws or enforcement. The PACT Act is merely a federal overlay, exactly like the federal animal fighting law(s).
Who enforces the PACT Act?
Federal law enforcement in federal courts.
What are the possible punishments for violation of the PACT Act?
Violations could result in a fine and up to seven years’ imprisonment.
Does the PACT Act make all animal cruelty a felony?
No. As noted above, the PACT Act only applies in a narrow set of circumstances. State and local legislation to strengthen animal cruelty and neglect laws are still needed and very much necessary.
Copied from the Holland & Muriden, Attorneys at Law Facebook page:
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Check out The Humane Society of the United States (www.hsus.org) or The American Society for the Prevention of Cruelty to Animals (www.aspca.org) for more information on Federal Legislation that impacts animals. You can sign up for action alerts from both the HSUS or ASPCA to keep you posted.
The most current congressional contact information is on the HSUS & ASPCA sites. It is easily found by entering your zip code.
The Animal Legal Defense Fund (www.aldf.org) is also a good site for this type of information.
Best Friends is another national group which is involved in WV. (bestfriends.org)
The People for the Ethical Treatment of Animals. (www.peta.org)
There are several very effective animal groups. We have named the ones with which we have had the most contact in affecting animal law.
New Federal Greyhound Protection Act needs passed in Congress.
Washington, D.C. — Animal Wellness Action and GREY2K USA Worldwide applauded Reps. Salud Carbajal,
D-Calif., Zach Nunn, R-Iowa, Tony Cárdenas, D-Calif., Nancy Mace, R-S.C., Lori Chavez-DeRemer, R-Oregon and Don Davis, D-N.C., for introducing legislation to phase out greyhound racing. The Greyhound Protection Act, which amends the Animal Welfare Act, also outlaws remote gambling on dog races, and prevents greyhounds from being put into interstate or international commerce for the purpose of greyhound racing. The bill is H.R. 3894.