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Arkansas

West's Arkansas Code Annotated. Title 5. Criminal Offenses. Subtitle 6. Offenses Against Public Health, Safety, or Welfare (Chapters 60 to 79). Chapter 62. Animals. Subchapter 2. Farm Animal and Research Facilities.

Statute Details
Printable Version
Citation: AR ST 5-62-201 to 204

Citation: A.C.A. 5-62-201 to 204


Last Checked by Web Center Staff: 10/2013

Summary:   This Arkansas subchapter concerns illegal acts committed against agricultural production and animal research facilities. Under the act, a person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the intent to deprive the owner of the animal facility, animal, or property and disrupt or damage the enterprise conducted at the animal facility. Any person who violates any provision of this subchapter is deemed guilty of a Class D felony and will be ordered to pay replacement costs/restitution.


Statute in Full:

§ 5-62-201. Animal research; Assembly findings

(a) The General Assembly finds that:

(1) The caring, rearing, feeding, breeding, and sale of animals and animal products and the use of animals in research, testing, and education represent vital segments of the economy of the state;

(2) Producers and others involved in the production and sale of animals and animal products and the use of animals in research and education have a vested interest in protecting the health and welfare of animals and the physical and intellectual property rights which they have in animals; and

(3) There has been an increasing number of illegal acts committed against farm animal and research facilities.

(b) The General Assembly further finds that these illegal acts threaten the production of agricultural products and jeopardize crucial scientific, biomedical, or agricultural research.

(c) Finally, the General Assembly finds that these illegal acts threaten the public safety, by exposing communities to contagious diseases and damage research.

CREDIT(S)

Acts of 1991, Act 1006, § 2.


§ 5-62-202. Animal research, definitions

As used in this subchapter:

(1) “Animal” means any warm or cold blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects;

(2) “Animal facility” means any vehicle, building, structure, or premises, where an animal or animal records are kept, handled, housed, exhibited, bred, or offered for sale;

(3) “Consent” means assent in fact, whether express or apparent;

(4) “Deprive” means to:

(A) Withhold an animal or other property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

(B) Restore an animal or other property only upon payment of reward or other compensation; or

(C) Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely;

(5) “Effective consent” means consent by a person legally authorized to act for the owner. Consent is not effective:

(A) If induced by force, threat, false pretense, or fraud;

(B) If given by a person the actor knows is not legally authorized to act for the owner;

(C) If given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the actor to be unable to make reasonable decisions; or

(D) If given solely to detect the commission of an offense;

(6) “Owner” means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;

(7) “Person” means any individual, corporation, association, nonprofit corporation, joint stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity; and

(8) “Possession” means actual care, custody, control, or management.

CREDIT(S)

Acts of 1991, Act 1006, § 1.

§ 5-62-203. Animal research offenses

(a) A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the intent to:

(1) Deprive the owner of the animal facility, animal, or property; and

(2) Disrupt or damage the enterprise conducted at the animal facility.

(b) A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person damages or destroys:

(1) An animal facility; or

(2) Any animal or property in or on an animal facility.

(c) A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person:

(1) Enters an animal facility, not then open to the public, with the intent to commit an act prohibited by this section;

(2) Remains concealed, with the intent to commit an act prohibited by this section, in an animal facility; or

(3) Enters an animal facility and commits or attempts to commit an act prohibited by this section.

(d)(1) A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person:

(A) Enters or remains in an animal facility; and

(B) Had notice that the entry was forbidden or received notice to depart but failed to depart.

(2) As used in this subsection, “notice” means:

(A) Oral or written communication by the owner or someone with apparent authority to act for the owner;

(B) Fencing or other enclosure obviously designed to exclude intruders or to contain animals; or

(C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.

CREDIT(S)

Acts of 1991, Act 1006, § 3.

§ 5-62-204. Animal research penalties

(a) Any person who violates any provision of this subchapter is deemed guilty of a Class D felony.

(b) Any persons convicted of violating any provision of this subchapter shall be ordered to make restitution to the animal facility in the full amount of the reasonable cost of:

(1) Replacing materials, data, equipment, or animals, and records that may have been damaged or cannot be returned; and

(2) Repeating any experimentation that may have been interrupted or invalidated as a result of the violation.

(c) Nothing in this subchapter shall be construed to affect any other right of a person that has been damaged by reason of a violation of this subchapter.

CREDIT(S)

Acts of 1991, Act 1006, § 4.


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