Chapter 54 section 2156, code against Animal Fighting
TITLE 7 > CHAPTER 54 > Sec. 2156.
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
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