47-1827. Prohibited acts; criminal penalties.
47-1827
47-1827. Prohibited acts; criminalpenalties.(a) No person shall, without the effective consent of the owner and withthe intent to damage the enterprise conducted at the animal facility,damage ordestroy an animal facility or any animal or property in or on an animalfacility.
(b) No person shall, without the effective consent of theowner, acquire or otherwise exercise control over an animal facility, an animalfrom an animal facility or other property from an animal facility,with theintent to deprive the owner of such facility, animalor property and todamage the enterprise conducted at the animal facility.
(c) No person shall, without the effective consent of the owner and withthe intent to damage the enterprise conducted at the animal facility:
(1) Enter an animal facility, notthen open to the public, with intentto commit an act prohibited by this section;
(2) remain concealed, with intent to commit an act prohibited by thissection, in an animal facility;
(3) enter an animal facility andcommit or attempt to commit an actprohibited by this section; or
(4) enter an animal facility totake pictures by photograph, videocamera or by any other means.
(d) (1) No person shall, without the effective consent of the owner andwith the intent to damage the enterprise conducted at the animal facility,enter or remain on an animal facilityif 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 subsection (d), "notice" means:
(A) Oral or written communication by the owner or someone with apparentauthority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intrudersor to contain animals; or
(C) a sign or signs posted on the property or at the entrance to thebuilding, reasonably likely to come to the attention of intruders,indicating that entry is forbidden.
(e) No person shall, without the effective consent of the owner and withthe intent to damage or destroy the field crop product, damage or destroy anyfield crop product that is grown in the context of a product developmentprogram in conjunction or coordination with a private research facility or auniversity or any federal, state or local governmental agency.
(f) No person shall, without the effective consent of the owner and with theintent to damage or destroy the field crop product, enter any property, withthe intent to damage or destroy any field crop product that is grown in thecontext of a product development program in conjunction or coordination with aprivate research facility or a university or any federal, state or localgovernmental agency.
(g) (1) Violation of subsection (a) or (e) is aseverity level7, nonperson felony if the facility,animals, field crop product or property is damaged or destroyed to theextent of $25,000 ormore. Violation of subsection (a) or (e) is a severitylevel 9,nonperson felony if the facility,animals, field crop product or property isdamaged or destroyed to the extent of at least $1,000 butless than$25,000.Violation of subsection(a) or (e) is a class A nonperson misdemeanor if the facility,animals,field crop product or propertydamaged or destroyed is of the value of less than $1,000 oris of the valueof $1,000 or more and is damaged to the extent of less than$1,000.
(2) Violation of subsection (b) is a severitylevel10, nonperson felony.
(3) Violation of subsection (c) is a class A, nonperson misdemeanor.
(4) Violation of subsection (d) or (f) is a class Bnonpersonmisdemeanor.
(h) The provisions of this section shall not apply tolawful activitiesof any governmental agency or employees or agents thereof carrying outtheir duties under law.
History: L. 1990, ch. 192, § 3;L. 2001, ch. 90, § 3;L. 2006, ch. 194, § 32; May 25.