Omitting findings, mens rea, commerce clause language
| Law invalidated by Stevens (18 USC § 48) | House bill | Senate bill | ||
| Punished act | Creation, sale, possession | Sale, offer to sell, distribution, offer to distribute | Creation, sale, marketing, exchange, distribution (or attempt or consipracy to do any of the previous acts) | |
| Banned object | "[D]epiction of animal cruelty" | "[A]nimal crush video" | "[A]nimal crush video" | |
| Elements | ||||
| --animal depicted | Living animal | Living animal or animals | One or more living "non-human mammals," birds, reptiles, or amphibians | |
| -- abuse depicted | Maiming, mutilation, torture, wounding, or killing | Crushing, burning, drowning, suffocation, impalement | Crushing, burning, drowning, suffocation, impalement, or serious bodily injury (per 18 U.S.C. § 1365(h)(3) or "conduct that, if committed against a person" would constitute the federal crimes of sexual abuse or aggravated sexual abuse. | |
| -- predicate offense | Abuse violated federal or state law (regardless of whether violation occurred in the state). | Abuse violated cruelty law or cruelty law of state where sale, etc., occurred | None | |
| -- depiction obscene | No | Yes | Yes | |
| Exceptions | Depiction has "serious religious, political, scientific, educational, journalistic, historical, or artistic value" | Depictions of hunting, trapping, fishing, veterinary care, and agriculture | Depictions of hunting, trapping, fishing, veterinary care, agriculture, slaughter for food; depictions use in criminal investigation | |
| Penalty | Up to 5 years' imprisonment or fine | Up to 5 years' imprisonment or fine | Up to 7 years' imprisonment or fine |
