Country’s Most Notorious Dogfighting Case Spurs Congress to Revisit and Strengthen Federal Animal Fighting Law

December 18, 2007

Michael Vick's case made it clear that America has no tolerance for dogfighting

Congress is poised to strengthen the federal law against dogfighting just eight months after it upgraded the statute and made interstate transport of fighting animals a federal felony. The arrest and conviction of Michael Vick has reminded lawmakers and other citizens about the prevalence of animal fighting, and the need to stamp out the activity.

The U.S. Senate on Friday passed its version of the Farm Bill, and one provision in the bill strengthens the federal law against dogfighting. The provision was sponsored by Senator John Kerry, D-Mass., and is backed by Agriculture Committee Chairman Tom Harkin, D-Iowa, and Ranking Member Saxby Chambliss, R-Ga.

"You can call it the Michael Vick provision," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "The Congress seems poised to upgrade the federal law against animal fighting, and the chilling details brought forth in the Vick case provided the impetus for this renewed federal action."

The dogfighting provision of the U.S. Farm Bill would strengthen federal dogfighting law in several ways:

• All dogfighting will be prosecutable as a federal felony and cases will not require proof of interstate or foreign movement of the particular dogs in each case;
• The penalty for dogfighting offenses will be enhanced from a potential three-year prison sentence to a maximum five-year prison sentence;
• Knowingly possessing, breeding or training dogs for fighting will become a federal crime.

"This is a legislative victory that at last put Congress on record against one of America's most disturbing underground pastimes. For too long, the torture of innocent animals hovered in a legal limbo and was often passed off as 'sport,'" Kerry said. "Thanks to the work of groups like The Humane Society of the United States, we are closer to stopping this barbaric practice and relegating it to the history books. I thank The Humane Society of the United States for their work on this issue and their tireless efforts to help keep all of our nation's animals safe."

Dogfighting is a crime in all 50 states, but is only a misdemeanor in two (Idaho and Wyoming). While 43 states consider it a felony to possess fighting dogs, it is a misdemeanor in four states (New York, Texas, West Virginia and Wyoming) and it is legal in three (Georgia, Idaho and Nevada). The Kerry amendment will give federal law enforcement additional tools to crack down on this criminal enterprise.

The House Farm Bill, approved in July, did not consider the dogfighting issue, but two anti-dogfighting bills, H.R. 3219 by Rep. Betty Sutton, D-Ohio, and H.R. 3327 by Reps. Elton Gallegly, R-Calif., and Earl Blumenauer, D-Ore., are similar to the Kerry amendment and both bills have attracted broad bipartisan support. The Senate provision will be considered by a House-Senate conference committee that will reconcile differences in the House and Senate versions of the Farm Bill early next year.

"We urge the conferees to do the right thing and approve this important provision in the final Farm Bill to further crack down on dogfighting," Pacelle said.

A six-year legislative struggle by The Humane Society of the United States culminated last May with President Bush's signature of the Animal Fighting Prohibition Enforcement Act, introduced by Reps. Gallegly and Blumenauer and Sens. Maria Cantwell, D-Wash., and John Ensign, R-Nev. The measure signed into law made it a federal felony to move fighting animals or cockfighting implements in interstate or foreign commerce.

The HSUS estimates that there are 40,000 professional dogfighters in the U.S. and as many as 100,000 street fighters.

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The Humane Society of the United States is the nation's largest animal protection organizationbacked by 10 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education, and hands-on programs. Celebrating animals and confronting cruelty—on the Web at humanesociety.org.