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Idaho

West's Idaho Code Annotated. Title 18. Crimes and Punishments. Chapter 70. Trespass and Malicious Injuries to Property.

Statute Details
Printable Version
Citation: ID ST 18-7015 - 7041

Citation: I.C. 18-7015 - 7041


Last Checked by Web Center Staff: 12/2013

Summary:   These laws comprise Idaho's animal enterprise interference/"ecoterrorism" laws. The state has a provision specific to trespass into enclosures for fur-bearing animals such as foxes. Additionally, § 18-7037 prohibits the unauthorized release of an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education. This offense is a misdemeanor and the actor is liable for restitution that includes replacement costs, property damage, and even costs of repeating an experiment. Section § 18-7040 defines the crime of interference with agricultural research where a person knowingly damages property, obtains property with the intent of hinder the research; obtains access to the facility by misrepresentation to perform acts to damage or hinder the research; enters the facility with the intent to damage, alter, or duplicate data or records; or the release of an animal or injury to an animal at the facility. Violation is a felony with punishment of up to 20 years imprisonment and/or a fine of up to $10,000. The state also has a separate section on damage to aquaculture operations.


Statute in Full:

§ 18-7015. Trespass on inclosure for fur-bearing animals

§ 18-7037. Unauthorized release of certain animals, birds or aquatic species--Penalties

§ 18-7040. Interference with agricultural research

§ 18-7041. Damage to aquaculture operations

 

 

§ 18-7015. Trespass on inclosure for fur-bearing animals

When the owner of any inclosure wherein foxes or other fur-bearing animals are held in captivity, shall erect a fence or other barrier around the same and within the boundaries of the premises under the exclusive dominion and control of such owner, and shall post warning signs in conspicuous places along such fence or barrier prohibiting trespass on the clear space between such fence or barrier and the inclosure aforesaid, it shall be unlawful for any person, without the permission of such owner, to cross such fence or barrier or trespass upon such clear space.

Any person violating the provisions hereof shall be deemed guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

 

§ 18-7037. Unauthorized release of certain animals, birds or aquatic species--Penalties

(1) Any person who without expressed permission from the owner or agent releases an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education is liable: (a) to the owner or agent exercising possession of the animal, bird or aquatic species for damages and replacement costs, including the costs of restoring the animal, bird, or aquatic species to confinement and to its health condition prior to release; and (b) for damage to personal and real property caused by the release of the animal, bird or aquatic species. If the release causes the failure of an experiment, the person is liable for all costs of repeating the experiment, including replacement of the animal, bird or aquatic species.

(2) Any person who intentionally and without permission releases an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education is guilty of a misdemeanor.


CREDIT(S)

S.L. 1990, ch. 38, § 1.


 

§ 18-7040. Interference with agricultural research

(1) A person commits the crime of interference with agricultural research if the person knowingly:

(a) Damages any property at an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;

(b) Obtains any property of an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;

(c) Obtains access to an agricultural research facility by misrepresentation with the intent to perform acts that would damage or hinder agricultural research or experimentation;

(d) Enter an agricultural research facility with the intent to damage, alter, duplicate or obtain unauthorized possession of records, data, materials, equipment or specimens related to agricultural research or experimentation;

(e) Without the authorization of the agricultural research facility, obtains or exercises control over records, data, materials, equipment or specimens of the agricultural research facility with the intent to destroy or conceal the records, data, materials, equipment or specimens; or

(f) Releases or steals an animal from, or causes the death, injury or loss of an animal at an agricultural research facility.

(2) A person found guilty of committing the crime of interference with agricultural research shall be guilty of a felony and shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment.

(3) For purposes of this section:

(a) “Agricultural research facility” means any structure or land, whether privately or publicly owned, leased or operated, that is being used for agricultural research or experimentation.

(b) “Agricultural research or experimentation” means the lawful study, analysis or testing of plants or animals, or the use of plants or animals to conduct studies, analyses, testing or teaching, for the purpose of improving farming, forestry or animal husbandry.

(4) In addition to any other penalty imposed for a violation of this section, the court shall require any person convicted, found guilty or who pleads guilty to a violation of this section to make restitution to the victim of the offense in accordance with the terms of section 19-5304, Idaho Code; provided, that such award shall be in an amount equal to twice the value of the crop, crop product, timber, timber product, livestock or equipment damaged or destroyed. In ordering restitution under this section, the court shall, in the determination of value, consider:

(a) The market value of the crop, crop product, timber, timber product, livestock, or equipment that has been damaged or destroyed;

(b) Production, research, testing, replacement and development costs directly related to the crop, crop product, timber, timber product, livestock or equipment that has been damaged or destroyed;

(c) the costs of repeating an experiment, including the replacement of the records, data, equipment, specimens, labor and materials, if acts constituting the violation cause the failure of an experiment in progress or irreparably damage completed research or experimentation.

CREDIT(S)

S.L. 2002, ch. 263, § 1.


 

§ 18-7041. Damage to aquaculture operations

(1) It is unlawful for any person to knowingly transfer, damage, vandalize, poison, or knowingly attempt to transfer, damage, vandalize or poison the product or facilities of a posted commercial aquaculture operation in Idaho, or to knowingly release or knowingly allow another person to release any poisonous or dangerous substance that comes in contact with any species in production in an aquaculture operation and causes damage to either the species in production or the aquaculture facility itself.

(2) Any person or persons violating any provision of this section when the value of the damage to either the species in production or the aquaculture facility itself is one thousand dollars ($1,000) or less shall be guilty of a misdemeanor. Any person or persons violating any provisions of this section when the value of the damage to either the species in production or the aquaculture facility itself is in excess of one thousand dollars ($1,000) shall be guilty of a felony and upon conviction thereof shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment.

(3) Nothing in this section shall be construed to limit the court's power to order restitution equal to the extent of the damage suffered by the aquaculture operation.

(4) Nothing in this section shall be construed to limit an aquaculture operation from proceeding in a civil action to seek any lawful civil remedy.

CREDIT(S)

S.L. 2004, ch. 143, § 1.

 



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