47-1825. Short title
47-1826. Definitions
47-1827. Prohibited acts; criminal penalties
47-1828. Recovery of damages
47-1829, 47-1830 . Reserved
The provisions of K.S.A. 47-1825 through 47-1828, and amendments thereto, shall be known and may be cited as the farm animal and field crop and research facilities protection act.
Credits
Laws 1990, ch. 192, § 1; Laws 2001, ch. 90, § 1; Laws 2012, ch. 125, § 40, eff. July 1, 2012.
As used in the farm animal and field crop and research facilities protection act:
(a) “Aircraft” means the same as defined in 14 C.F.R. § 1.1, as in effect on July 1, 2024.
(b) “Animal” means any warm or coldblooded animal used in food, fur or fiber production, agriculture, research, testing or education. “Animal” includes dogs, cats, poultry, fish and invertebrates.
(c) “Animal facility” includes any vehicle, building, structure, research facility or premises where an animal is kept, handled, housed, exhibited, bred or offered for sale.
(d) “Consent” means assent in fact, whether express or apparent.
(e) “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.
(f) “Person” means any individual, state agency, corporation, association, nonprofit corporation, joint stock company, firm, trust, partnership, two or more persons having a joint or common interest or other legal entity.
(g) “Research facility” means any place, laboratory, institution, medical care facility, elementary school, secondary school, college or university, where any scientific test, experiment or investigation involving the use of any living animal or field crop product is carried out, conducted or attempted.
Credits
Laws 1990, ch. 192, § 2; Laws 2001, ch. 90, § 2; Laws 2012, ch. 125, § 41, eff. July 1, 2012; Laws 2024, ch. 109, § 2, eff. July 1, 2024.
47-1827. Prohibited acts; criminal penalties
(a) No person shall:
(1) Without the consent of the owner, damage or destroy an animal facility or any animal or property in or on an animal facility;
(2) enter or remain upon or in any animal facility, including flying an aircraft within the airspace directly above such animal facility but below the minimum safe altitude prescribed in 14 C.F.R. 91.119(c), as in effect on July 1, 2024, without the consent of the owner; or
(3) knowingly make false statements on an employment application to gain access to an animal facility.
(b) No person shall:
(1) Without the consent of the owner, damage or destroy any field crop product that is grown in the context of a product development program in conjunction or coordination with a private research facility, a university or any federal, state or local governmental agency;
(2) enter or remain upon or in any property in a field crop production area of a product development program in conjunction or coordination with a private research facility, a university or any federal, state or local government entity, including flying an aircraft within the airspace directly above such property area but below the minimum safe altitude prescribed in 14 C.F.R. 91.119(c), as in effect on July 1, 2024, without the consent of the owner; or
(3) knowingly make false statements on an employment application to gain access to a field crop production area of a product development program in conjunction or coordination with a private research facility, a university or any federal, state or governmental agency.
(c)(1) Violation of subsection (a)(1) or (b)(1) is a:
(A) Class A nonperson misdemeanor, except as provided in subparagraph (B) or (C);
(B) severity level 9, nonperson felony if property damaged or destroyed is of a value of more than $1,000 but less than $25,000; or
(C) severity level 7, nonperson felony if the property damaged or destroyed is of a value more than $25,000.
(2) Violation of subsection (a)(2) or (b)(2) is a class A nonperson misdemeanor.
(3) Violation of subsection (a)(3) or (b)(3) is a class B nonperson misdemeanor.
(d) The provisions of this section shall not apply to lawful activities of any governmental agency or employees or agents thereof carrying out their duties under law.
Credits
Laws 1990, ch. 192, § 3; Laws 2001, ch. 90, § 3; Laws 2006, ch. 194, § 32; Laws 2024, ch. 109, § 3, eff. July 1, 2024.
Editors' Notes
VALIDITY
<For validity of this section, see Animal Legal Defense Fund v. Kelly, 434 F.Supp.3d 974 (D. Kansas 2020), affirmed on appeal, 9 F.4th 1219 (10th Cir. 2021)>.
(a) Any person who has been damaged by reason of a violation of K.S.A. 47-1827, and amendments thereto may bring an action in the district court against the person causing the damage to recover:
(1) An amount equal to three times all actual and consequential damages. Actual and consequential damages shall include the damages involving production, research, testing, replacement and crop or animal development costs directly related to the field crop or animal that has been damaged or destroyed; and
(2) court costs and reasonable attorney fees.
(b) Nothing in this act shall be construed to affect any other rights of a person who has been damaged by reason of a violation of this act. Subsection (a) shall not be construed to limit the exercise of any such rights arising out of or relating to a violation of K.S.A. 47-1827, and amendments thereto.
CREDIT(S)
Laws 1990, ch. 192, § 4; Laws 2001, ch. 90, § 4.