Animal cruelty has long been punishable under state law, but until recently, extreme acts of abuse that crossed state lines or occurred on federal property often fell into a legal gray area.

That loophole was closed in 2019 with the passage of the Prevention of Animal Cruelty and Torture (PACT) Act, a landmark federal statute that made certain forms of animal abuse a serious federal felony.

Under the PACT Act, some of the most egregious acts of animal cruelty—once prosecuted only at the state level—can now result in federal charges, substantial fines, and lengthy prison sentences.

Your best hope of avoiding the worst outcomes is with a skilled federal criminal defense lawyer experienced at Eisner Gorin LLP in such matters.

To schedule a consultation, call (818) 781-1570 or contact us here.

What Is the PACT Act?

The Prevention of Animal Cruelty and Torture Act (PACT Act) is a federal law enacted in November 2019 that expanded criminal liability for extreme animal abuse. The statute amended 18 U.S.C. § 48, which previously focused only on banning so-called “animal crush videos.”

Before the PACT Act:

• Federal law criminalized the creation, sale, or distribution of animal crush videos

• The underlying acts of cruelty themselves were often left solely to state enforcement

The PACT Act changed that by criminalizing the conduct itself, rather than just its depictions, when the abuse falls within federal jurisdiction.

What Conduct Does the PACT Act Prohibit?

The PACT Act targets acts commonly referred to as “animal crushing.” These are intentional acts of extreme cruelty that cause serious bodily injury or death to animals.

Prohibited acts include intentionally:

• Crushing

• Burning

• Drowning

• Suffocating

• Impaling

• Sexually exploiting animals

The law applies to living non-human mammals, birds, reptiles, and amphibians.

These acts are now federal crimes when they occur:

• On federal property

• Within the special maritime or territorial jurisdiction of the United States

• In or affecting interstate or foreign commerce

When Does Federal Jurisdiction Apply?

Because the PACT Act is a federal statute, jurisdiction is a threshold issue in every case. The law applies only when one of the following conditions is met:

• The conduct occurs on federally owned or controlled property, such as national parks or military installations
• The conduct occurs within the special maritime and territorial jurisdiction of the United States, including U.S. ships, aircraft, or territories
• The conduct affects interstate or foreign commerce, such as transporting animals or materials across state lines

If alleged cruelty occurs entirely within a single state and lacks a federal nexus, the PACT Act does not apply, though state charges may still be filed.

Important Exemptions Under the PACT Act

Congress carved out explicit exemptions to ensure lawful activities are not criminalized. The PACT Act does not apply to:

• Lawful hunting, trapping, or fishing

• Standard agricultural and farming practices

• Veterinary euthanasia

• Medical or scientific research

• Acts necessary to protect human life or property

• Unintentional or accidental harm

These exclusions are often central to defense strategies.

What Are the Penalties Under the PACT Act?

Federal animal cruelty charges carry far more severe penalties than most state statutes.

A conviction under 18 U.S.C. § 48 may result in:

• Fines up to $250,000 (under 18 U.S.C. § 3571)

• Up to 7 years in federal prison

• Asset forfeiture and supervised release

In aggravated animal cruelty cases prosecuted under related statutes, penalties may include:

• Felony convictions

• Mandatory jail sentences

• Significant collateral consequences

How the PACT Act Differs From State Animal Cruelty Laws

Most animal cruelty laws remain state-based. The PACT Act does not replace or preempt those laws. Instead, it creates a parallel federal offense when jurisdictional requirements are met.

This means:

• A defendant may face state charges, federal charges, or both

• Federal cases are handled by U.S. Attorneys and investigated by federal agencies

• Sentencing exposure is often significantly higher in federal court

Common Defense Strategies in Federal Animal Cruelty Cases

Being charged under the PACT Act does not mean conviction is inevitable. Effective defense strategies often focus on jurisdiction, intent, and statutory exemptions.

Common Defenses Include:

• Lack of Federal Jurisdiction
If the conduct occurred solely within one state and did not affect interstate commerce or federal property, federal charges may be dismissed.

• Lack of Intent
The statute applies only to purposeful, intentional acts. Accidental harm does not qualify.

• Lack of Knowledge
In video distribution cases, prosecutors must prove that the defendant knowingly distributed prohibited content.

• Statutory Exemptions
Lawful hunting, farming, research, euthanasia, or defense of property may fall squarely within statutory exclusions.

• Constitutional or Procedural Violations
Illegal searches, improper warrants, or violations of due process may result in suppression of evidence or dismissal.

Why Early Federal Defense Matters

Federal animal cruelty investigations often involve:

• Multi-agency task forces

• Digital evidence analysis

• Parallel state and federal exposure

Early intervention by experienced federal defense counsel can:

• Challenge jurisdiction before charges are filed

• Prevent escalation to felony counts

• Protect against self-incrimination

• Preserve critical defenses

Speak With a Federal Criminal Defense Attorney

If you are under investigation or facing charges related to animal cruelty under the PACT Act, early legal guidance is essential. Federal prosecutions move quickly and carry severe consequences.

The federal criminal defense attorneys at Eisner Gorin LLP represent clients nationwide in complex federal investigations and prosecutions.

📞 Call (818) 781-1570 for a confidential consultation.