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     40-38-1.   Definition of terms. Terms used in this chapter mean:
             (1)      "Animal," any living vertebrate except human beings;
             (2)      "Animal facility," any vehicle, building, structure, research facility, premises, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale;
             (3)      "Consent," consent by the owner or by a person legally authorized to act for the owner. Consent is not effective if:
             (a)      Induced by force or threat;
             (b)      Given by a person the offender knows is not legally authorized to act for the owner; or
             (c)      Given by a person who by reason of age, mental disease, or defect, or influence of drugs or alcohol is known by the offender to be incapable of consenting;
             (4)      "Deprive," to:
             (a)      Withhold an animal or material appurtenant to an animal 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 property only upon payment of a 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)      "Owner," a person who has title to the property, legal possession of the property or a greater right to possession of the property than the other;
             (6)      "Possession," actual custody, control, or management; and
             (7)      "Research facility," any place at which any scientific test, experiment, or investigation involving the use of any living animal is carried out, conducted, or attempted.

Source: SL 1992, ch 291, ยง 1.


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