This material is general public information for educational purposes only. It should not be used as legal, financial, or tax advice, and no attorney-client relationship is created by reading it. Federal, state, and local rules may vary and may change over time. A qualified professional can review specific circumstances.
Key Facts
- Federal level: The Animal Enterprise Terrorism Act is a federal statute codified at 18 U.S.C. § 43.
- Federal level: Congress enacted the Animal Enterprise Terrorism Act in 2006 under Public Law 109-374.
- Federal level: Federal law prohibits using interstate commerce facilities to intentionally damage the property of an animal enterprise.
- Federal level: The statute establishes federal criminal offenses for intentionally placing a person in reasonable fear of death or serious bodily injury.
- State level: American Bar Association resolutions represent organizational policy recommendations rather than binding state law.
- National overview: Professional association policies do not alter existing federal or state criminal codes regarding property damage.
Last reviewed: May 2026. Legal rules, forms, deadlines, and procedures can change by jurisdiction, agency, and court system.
The American Bar Association routinely reviews and debates federal legal standards during its national gatherings. During the ABA House of Delegates 2013 Annual Meeting, the organization considered Resolution 116, a policy proposal addressing the federal Animal Enterprise Terrorism Act. While historical archives often record the policy debates surrounding ABA Resolution 116 2013 Annual Meeting, the organization’s resolutions serve as internal policy recommendations rather than binding legislation. The binding federal law that governs this subject remains codified at 18 U.S.C. § 43.
The Federal Animal Enterprise Terrorism Act
Congress enacted the Animal Enterprise Terrorism Act in 2006 as Public Law 109-374. The statute expands upon previous legislation to provide specific protections for facilities and individuals involved with animals. Under federal law, the statute establishes criminal penalties for specific types of interference with these organizations. The law focuses on the use of interstate commerce facilities, including the mail system, to carry out prohibited acts.
Federal Prohibitions Under 18 U.S.C. § 43
The core provisions of the Animal Enterprise Terrorism Act outline specific criminal offenses. Federal law prohibits using interstate commerce facilities to intentionally damage or cause the loss of real or personal property used by an animal enterprise. This protection extends to the property of entities or individuals that maintain a relationship or conduct transactions with an animal enterprise.
Additionally, federal law prohibits using interstate commerce facilities to intentionally place a person in reasonable fear of death or serious bodily injury. This prohibition applies when the threat connects to the operations of an animal enterprise and targets the individual, their immediate family members, or an intimate partner.
Defining an Animal Enterprise Under Federal Law
Statutory definitions dictate what types of organizations qualify for protection under the Animal Enterprise Terrorism Act. According to 18 U.S.C. § 43, an animal enterprise includes commercial or academic organizations that use or sell animals or animal products for profit, food or fiber production, agriculture, education, research, or testing. The federal definition also encompasses specific facilities such as zoos, aquariums, animal shelters, pet stores, breeders, furriers, circuses, and rodeos.
Distinguishing Policy Recommendations from Binding Law
Historical records from past ABA annual meetings provide insight into the legal community’s perspective on federal statutes at the time. Professional associations frequently draft resolutions addressing specific legal issues or broader reform policies. However, a clear distinction exists between professional advocacy and statutory authority.
Resolutions adopted by professional associations do not alter federal or state criminal codes. The prosecution of offenses involving property damage or threats related to animal facilities relies strictly on the statutory framework established by Congress and enforced by federal agencies. Statutory penalties, definitions, or code provisions under 18 U.S.C. § 43 remain subject to formal legislative amendments over time.
