More Legislation to Prohibit Crush Video Sales Introduced in Congress

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Originally Posted: 28 May 2010

More Legislation to Prohibit Crush Video Sales Introduced in Congress

FROM National Anti-Vivisection Society (NAVS)

Contact your U.S. Representative and ask him/her to support passage of all crush video legislation.

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INFORMATION / TALKING POINTS

The Animal Torture Prevention Act of 2010, H.R. 5337, was introduced on May 18 by Representative Gary Peters. This bill would accomplish the same purpose as a bill introduced last month, H.R. 5092 (below), which would enact a new animal crush video law to replace the one struck down by the U.S. Supreme Court in U.S. v. Stevens. This bill differs somewhat from H.R. 5092 because it requires that the act of cruelty be “extreme” and that the depiction appeal to a “prurient” or sexual interest. This will be a higher standard to meet before anyone can be prosecuted under this law. But this version of the bill makes it illegal to create or distribute depictions of animal cruelty and not just to sell them.

The Depiction of Animal Cruelty Act, H.R. 5092, has added 315 cosponsors since it was introduced on April 21, right after the decision was handed down in U.S. v. Stevens. The language was tailored to overcome the Supreme Court’s holding that the language of the original law was overbroad and was therefore an unconstitutional barrier to the 1st Amendment’s guarantee of free speech. This bill prohibits the sale in interstate or foreign commerce of an animal crush video that shows actual conduct where a living animal is intentionally tortured, maimed or mutilated in violation of state or federal law. The bill specifically exempts depictions of hunting from its coverage.


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