§ 69-29-301. Short title
§ 69-29-303. Definitions
§ 69-29-305. Acquisition of control with intent to disrupt or damage
§ 69-29-307. Damaging or destroying animal or animal facility
§ 69-29-309. Entering or remaining concealed in animal facility
§ 69-29-311. Notice
§ 69-29-313. Applicability to government officials and employees
§ 69-29-315 . Penalties for violations
This article may be cited and shall be known as the “Animal Research or Exhibiting Facilities Protection Act.”
CREDIT(S)
Laws 1996, Ch. 424, § 1, eff. July 1, 1996.
The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) “Actor” means a person accused of any of the offenses defined in this act.
(b) “Animal” means a warm or cold-blooded animal used in food or fiber production, agriculture, exhibition, research, testing, experimentation or education, including poultry, fish and insects.
(c) “Animal research or exhibiting facility,” hereinafter referred to as an “animal facility,” includes a vehicle, building, separately secured yard, pad, pond, enclosure, structure or premises where an animal is kept, shown, handled, housed, exhibited, bred or offered for sale and any building, laboratory, institution, organization or school in which a person or persons are engaged in research, testing, educational or experimental activities or in which any commercial or academic enterprise is using warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education.
(d) “Consent” means assent in fact, whether express or apparent.
(e) “Deprive” means:
(i) To purposely or knowingly withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
(ii) To restore the animal or other property only upon payment for reward or other compensation; or
(iii) To dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.
(f) “Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(i) Induced by force, threat, false pretenses or fraud;
(ii) Given by a person the actor knows is not legally authorized to act for the owner;
(iii) 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
(iv) Given solely to detect the commission of an offense.
(g) “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.
(h) “Person” means an 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.
(i) “Possession” means actual care, custody, control or management.
CREDIT(S)
Laws 1996, Ch. 424, § 2, eff. July 1, 1996.
§ 69-29-305. Acquisition of control with intent to disrupt or damage
A person shall not, without the effective consent of the owner, acquire or otherwise exercise 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 facility, animal or property and to disrupt or damage the enterprise conducted at the animal facility.
CREDIT(S)
Laws 1996, Ch. 424, § 3, eff. July 1, 1996.
§ 69-29-307. Damaging or destroying animal or animal facility
A person shall not, without the effective consent of the owner, damage or destroy an animal facility or an animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility.
CREDIT(S)
Laws 1996, Ch. 424, § 4, eff. July 1, 1996.
§ 69-29-309. Entering or remaining concealed in animal facility
A person shall not, without the effective consent of the owner, with the intent to disrupt or damage the enterprise conducted at the animal facility:
(a) Enter an animal facility, not then open to the public, with intent to commit an act prohibited by this act;
(b) Remain concealed, with intent to commit an act prohibited by this act, in an animal facility; or
(c) Enter an animal facility and commit or attempt to commit an act prohibited by this act.
CREDIT(S)
Laws 1996, Ch. 424, § 5, eff. July 1, 1996.
(1) A person shall not, without the effective consent of the owner, enter or remain in an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility if the person:
(a) Had notice that the entry was forbidden; or
(b) Received notice to depart but failed to do so.
(2) For purposes of this section, “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)
Laws 1996, Ch. 424, § 6, eff. July 1, 1996.
§ 69-29-313. Applicability to government officials and employees
This article does not apply to, affect or otherwise prohibit actions taken by the Department of Agriculture and Commerce, any other federal, state or local department or agency or an official or employee of these entities while in the exercise or performance of a power of duty imposed by law or regulation.
CREDIT(S)
Laws 1996, Ch. 424, § 7, eff. July 1, 1996.
§ 69-29-315. Penalties for violations
(1) A person violating the provisions of Section 69-29-305, 69-29-307 and 69-29-309, upon conviction, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than three (3) years, or both.
(2) A person violating the provisions of Section 69-29-311, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both.
CREDIT(S)
Laws 1996, Ch. 424, § 8, eff. July 1, 1996.