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Originally Posted by Penguin
Reading through the text of the law raises one question: How I interpret it it seems that the making of those vids for your "private entertainment" is still legal? 
I hope that state laws concerning animal cruelty come into play then... |
That is correct. Federal law can usually only apply to interstate actions. Under this federal law, making the videos and keeping it or selling it to someone in your state would not be illegal (note this does not mean it would be legal).
It would be up to the individual states to pass their own laws, which would only apply to intra-state actions.
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This is all that is needed to be written into a law. No consent = no kink but sick.
(Note, so that nobody twists my words: consent needs a certain degree of maturity!)
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The word you are looking for is witting. Witting consent is what is needed.
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Do you have a link to this law?
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The Supreme Court case is
United States v. Stevens It should be noted that the Stevens case involved filming dog fighting and not animal crushing.
The federal law that was declared unconstitutional was 18 U. S. C. section 48. I can understand why it was declared unconstitutional. It was a poorly written law.
http://www.law.cornell.edu/uscode18/...8----000-.html
My personal position: Killing animals for food, skins/fur, medical purposes, legal purposes should be acceptable. But the killing or torturing of animals
strictly for entertainment purposes should not be allowed. But that's just my opinion.
