Under current federal law, it is already a crime to damage or threaten commercial or academic animal research facilities, zoos, aquariums and a variety of other animal-related operations. However, Senate Bill 3880 amends the Animal Enterprise Protection Act of 1992 to extend those same protections to shelters, breeders and pet stores as well as insurance companies, law firms, investment houses and other third-party organizations that do business with animal enterprises.

“Earlier legislation criminalized direct attacks against animal enterprises. Today’s terrorists shield themselves from prosecution under that law by attacking indirect targets, third parties doing business with these enterprises,” said Patti Strand, national director of the National Animal Interest Alliance (Portland, Ore.).

Under the Animal Enterprise Terrorism Act, prohibited economic damage includes the loss of profits or increased costs “resulting from threats, acts of vandalism, property damage, trespass, harassment or intimidation taken against a person or entity on account of that person’s or entity’s connection to, relationship with, or transaction with the animal enterprise.”

Organizations such as In Defense of Animals (San Rafael, Calif.) and The American Society for the Prevention of Cruelty to Animals (New York) opposed the bill, claiming it infringes on animal advocates’ rights of free expression. However, the final version of the bill explicitly addresses those concerns, stating that nothing in the bill “shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution.” The bill also does not prohibit lawful economic disruption such as boycotts.

Violators could be sentenced to up to a year in jail for causing economic damages of less than $10,000, and up to five years in prison for damages of less than $100,000. In addition, prison sentences of up to five years could result if the offense produced a “reasonable fear” of bodily harm and up to 20 years if the offense actually resulted in serious bodily injury. Violators could be imprisoned for any term of years, including life, if their actions cause the death of another individual.

The Pet Industry Joint Advisory Council (Washington), the American Kennel Club (New York) and the Responsible Pet Owners Alliance (San Antonio) were part of a broad-based coalition that supported the Animal Enterprise Terrorism Act.

The bill passed the House in November. The Senate passed it in September. [January 2007 PET AGE]