House Passes Animal Cruelty Act

On July 21, 2010 the month-old Prevention of Interstate Commerce in Animal Crush Videos Act of 2010 was approved by a 416 to 3 vote. The legislation--which amends a 1999 federal law known as the Crush Act--proposes a ban on the creation, sale, possession, distribution and commercial trade of "crush" fetish videos.

In addition to motion picture images, the Act also prohibits still photographs or electronically produced images.

What are "Crush" videos?
According to The American Society for the Prevention of Cruelty to Animals, these films depict women's feet stepping on and crushing small animals such as kittens, hamsters or mice.

The proposed law also prohibits the drowning, impaling, burning or suffocating of animals.

If the Act becomes a law, violators will be fined, serve 5 years in prison, or receive both penalties, according to the Act.

Freedom of Speech
In a letter to the U.S. House of Representatives, spokespersons from the American Civil Liberties Union urged representatives to oppose the admittedly well-intended Act since it stifles freedom of speech.

"If the bill is effective in banning the sale and distribution of depictions of animal cruelty it is intended to ban, it arguably would also ban the sale and distribution of those same depictions by animal rights groups and other who use the depictions in advocating for the elimination of animal cruelty and other legitimate purposes," the letter stated. "How ironic if a bill intended to prevent animal cruelty actually inhibits the advocacy of those dedicated to achieving that goal."

Humane Society Takes Action
The Humane Society of the United States (HSUS) conducted an investigation on the prevalence of "crush" videos 10 years after the approval of the 1999 Federal Depiction of Animal Cruelty Law.

The organization noted an alarming renewed interest in videos showing multiple acts of animal cruelty which sell for $20 to $100.

The HSUS and the Humane Society Legislative Fund praised the approval of the 2010 Act on the HSUS website on July 21, 2010.

"This legislation is narrowly tailored to address the Court's concerns, and the current legislation does not limit speech, but only conduct of the most abhorrent and vile kind," commented Wayne Pacelle, president & CEO of the HSUS, on the HSUS website.

For the Prevention of Interstate Commerce in Animal Crush Videos Act to become a law, both the Senate and the U.S. House of Representatives must approve the legislation. Congress is currently on recess, but will reconvene in September 2010. The 111th United States Congress session ends January 3, 2011.

Sources and Suggested Further Reading:

The United States Library of Congress, "H.R. 5566, Prevention of Interstate Commerce in Animal Crush Videos Act of 2010, " The United States Library of Congress

The American Society for the Prevention of Cruelty to Animals, "U.S. House Votes to Prohibit Sale and Distribution of Crush Videos", The American Society for the Prevention of Cruelty to Animals

Laura W. Murphy and Michael W. Macleod-Ball, "ACLU Letter to the House Opposing HR 5566 Prevention of Interstate Commerce in Animal Crush Videos Act of 2010", American Civil Liberties Union

The Humane Society of the United States, "Crush Videos Make a Comeback", The Humane Society of the United States

The Humane Society of the United States, "The HSUS and HSLF Praise U.S. House for Cracking Down on Cruel 'Crush' Videos", The Humane Society of the United States

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