Saturday, August 2, 2008

ANIMAL RESEARCHER TERRORISM ACT

ANIMAL RESEARCHER TERRORISM ACT
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Animal Researcher Terrorism Act'.

SEC. 2. INCLUSION OF THREATS OF DEATH OR SERIOUS BODILY INJURY OR ACTUAL MURDER OR ASSAULT OR SERIOUS BODILY INJURY PERPETRATED BY AN ANIMAL RESEARCHER USING PRODUCTS OR KNOWLEDGE GAINED IN THE COURSE OF ANIMAL RESEARCH.
(a) In General- Section [to be determined] of title 18, United States Code, is amended to read as follows:

Sec. [to be determined]. Force, violence, and threats perpetrated by animal researchers
(a) Offense- Whoever uses products or knowledge personally gained in the course of animal research--
(1) for the purpose of harming another individual; and
(2) in connection with such purpose--
(A) intentionally places a person in reasonable fear of the death, or serious bodily injury to any person by a course of conduct involving likely or intended harm; or
(B) conspires or attempts to do so;
shall be punished as provided for in subsection (b).
(b) Penalties- The punishment for a violation of section (a) or an attempt or conspiracy to violate subsection (a) shall be a fine under this title or imprisonment not more than 10 years, or both, if the offense does not cause serious bodily injury or death and--
(1) a fine under this title or imprisonment for not more than 20 years, or both, if the offense results in serious bodily injury to another individual;
(2) imprisonment for life or for any terms of years, a fine under this title, or both, if the offense results in death of another individual.
(c) Definitions- As used in this section--
(1) the term ‘animal researcher' means an individual employed by a commercial or academic enterprise that uses or sells animals or animal products for education, research, or testing;
(2) the term ‘animal research’ means any and every commercial or academic use of an animal or animal product for education, research, or testing;
(3) the term `serious bodily injury' means--
(A) injury posing a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement;
(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
(E) deep cuts and serious burns or abrasions;
(F) short-term or nonobvious disfigurement;
(G) fractured or dislocated bones, or torn members of the body;
(H) significant physical pain;
(I) illness;
(J) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or
(K) any other significant injury to the body.
(d) Rules of Construction- Nothing in this section shall be construed--
(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;
(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; or
(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this action, or to preempt State or local laws that may provide such penalties or remedies.'.

(b) Clerical Amendment- The item relating to section [to be determined] in the table of sections at the beginning of chapter 3 of title 18, United States Code, is amended to read as follows:
`43. Force, violence, and threats perpetrated by any animal researcher.'.

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