At a Glance
- Case Type
- Regulatory Action
- Jurisdiction
- Federal
- Date
- 2019-11-25
- Status
- Decided
President Donald Trump signed the Preventing Animal Cruelty and Torture Act, known as the PACT Act, into law on Nov. 25, 2019, establishing the first federal statute to criminalize extreme acts of animal cruelty [1][2]. The bipartisan measure bans the intentional crushing, burning, drowning, suffocating, impalement, or other serious harm to "living non-human mammals, birds, reptiles, or amphibians." The law also prohibits the production and distribution of so-called animal crush videos, and sets penalties that include a fine, a prison term of up to seven years, or both.
While existing federal law prohibited animal fighting and the distribution of so-called animal crushing videos, there had been no federal ban against animal cruelty and torture as underlying conduct. The PACT Act expands the Animal Crush Video Prohibition Act, passed by Congress in 2010, and closes a loophole by prohibiting the underlying acts of animal abuse, not merely their depiction. Under the PACT Act, prosecutors may bring federal felony charges when these acts occur within federal jurisdiction, including on federal property, or when animals are moved across state lines, or when the internet is used as part of a criminal enterprise.
NPR reported that animal welfare activists argued a federal law was necessary even though every state already has laws criminalizing animal cruelty, contending that the absence of federal legislation made it difficult to prosecute animal cruelty cases spanning different states or jurisdictions. [1] The new statute directly addresses that enforcement gap. Most animal cruelty laws remain state-based, and the PACT Act does not replace or preempt those laws. Instead, it creates a parallel federal offense when applicable jurisdictional requirements are met.
The measure was introduced in the House by Rep. Ted Deutch, D-Fla., and Rep. Vern Buchanan, R-Fla., and advanced through the Senate by Sen. Richard Blumenthal, D-Conn., and Sen. Patrick J. Toomey, R-Pa. The U.S. Senate passed the PACT Act unanimously on Nov. 5, 2019, and the U.S. House of Representatives passed it on Oct. 23, 2019. The bill drew broad bipartisan support across both chambers before reaching the president's desk [14].
The new law was endorsed by law enforcement groups including the National Sheriffs' Association and the Fraternal Order of Police, who cited a documented link between extreme animal cruelty and violence against people. Sen. Toomey stated that evidence shows individuals who harm animals often move on to committing acts of violence against people, and argued it is appropriate for the federal government to maintain strong animal cruelty laws and penalties.
References
[1] NPR. (2019, November 25). Trump Signs Law Making Cruelty To Animals A Federal Crime. https://www.npr.org/2019/11/25/782842651/trump-signs-law-making-cruelty-to-animals-a-federal-crime
[2] CBS News. (2019, November 25). Animal cruelty felony: President Trump signs animal cruelty PACT bill into law. https://www.cbsnews.com/news/animal-cruelty-felony-president-trump-signs-animal-cruelty-pact-act-bill-making-it-a-federal-felony-2019-11-25/
[3] ABC News. (2019, November 6). Senate unanimously passes bill making animal cruelty a federal felony. https://abcnews.com/Politics/senate-unanimously-passes-bill-making-animal-cruelty-federal/story?id=66788673
[4] Congress.gov. (2019). H.R.724 – 116th Congress (2019–2020): PACT Act. https://www.congress.gov/bill/116th-congress/house-bill/724