What does the federal Depiction of Animal Cruelty Act prohibit?
The statute criminalizes the interstate sale of depictions, such as video, in which “a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if such conduct is illegal under Federal law or the law of the State in which the creation, sale, or possession takes place.” There is a broad exemption for depictions with any “serious religious, political, scientific, educational, journalistic, historical, or artistic value,” and the statute therefore does not impact art, journalism, or educational materials, among others, related to animal cruelty. In addition, under the plain terms of the statute, no depiction is prohibited unless the underlying cruelty is (a) unlawful in its own right and (b) being sold for profit.
