Animal Cruelty In North Carolina May Become Federal Felony

North Carolina -- Federal lawmakers last week reintroduced the Preventing Animal Cruelty and Torture Act. Here's what that could mean in North Carolina.

By Kimberly Johnson, Patch Staff | Jan 28, 2019 credit Patch.com

Federal lawmakers from Florida have revived a bill that would allow federal felony charges to be brought against people who brutally kill, mutilate and torture small animals, including those in North Carolina. The legislation stems from the creation of so-called "crush videos," in which people record themselves abusing animals and then share the videos over the internet.

These are generally crimes at the state level and are prosecuted as such. But it's often unclear where the specific incidents of animal cruelty actually happened, and that makes it harder for prosecutors to bring a case

Nine years ago, President Barack Obama signed into law the "Animal Crush Video Prohibition Act," which banned the creation and distribution of such videos. But the underlying acts of animal cruelty remain legal under federal law. So last week, lawmakers reintroduced the Preventing Animal Cruelty and Torture Act, known as the PACT Act, to close that loophole and criminalize the act itself, even when no video is made.

"Animal crushing" would be redefined to refer to conduct in which an animal is "intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury." The act would be banned if it relates to interstate commerce and federal authorities could act if states are unable. Charges could be brought, for example, against a puppy mill operator who drowns unwanted dogs if that individual was engaged in "interstate activity."

Notably, violators could face felony charges, fines and up to seven years in prison.

Sara Amundson, president of the Humane Society Legislative Fund, said in a release that her organization was grateful to the lawmakers for reviving the bill.

"The torture of innocent animals is abhorrent and should be punished to the fullest extent of the law," Republican U.S. Rep. Vern Buchanan, who chairs the Animal Protection Caucus in Congress, said in a release.

Democratic U.S. Rep. Ted Deutch of West Boca, Florida, said it's time to do more.

"We've acted in the past to stop the horrific trend of animal abuse videos. Now it's time to make the underlying acts of cruelty a crime as well," said Deutch.

The bill contains exemptions for veterinarians, hunting and conduct necessary to protect life or property from a threatening animal.

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Patch national staffer Dan Hampton contributed to this report.

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