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CHAPTER 40-38

PROTECTION OF ANIMAL FACILITIES

40-38-1      Definition of terms.
40-38-2      Prohibited activities--Exemption for lawful activities of governmental agencies.
40-38-3      Entering or remaining in animal facility where entry forbidden or notice to depart received--"Notice" defined--Exemption for lawful activities of governmental agencies.
40-38-4      Violation of § 40-38-2 as misdemeanor or felony.
40-38-5      Civil action by person damaged for three times amount of actual and consequential damages--Costs and attorney fees.


     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, § 1.


     40-38-2.   Prohibited activities--Exemption for lawful activities of governmental agencies. No person, without consent, may:
             (1)      Intentionally damage or destroy an animal facility, an animal, or property in or on the animal facility, or obstruct any enterprise conducted at the animal facility;
             (2)      Acquire or otherwise exercise control over an animal facility or an animal or other property from an animal facility with the intent to deprive the owner or to obstruct the enterprise conducted at the facility;
             (3)      Enter an animal facility, not then open to the public, with intent to commit any act prohibited by this section;
             (4)      Enter an animal facility and remain concealed, with intent to commit any act prohibited by this section;
             (5)      Enter an animal facility and commit or attempt to commit any act prohibited by this section; or
             (6)      Intentionally turn out or release any animal in or on an animal facility.
     This section does not apply to lawful activities of a governmental agency carrying out its duties under law.

Source: SL 1992, ch 291, § 2.


     40-38-3.   Entering or remaining in animal facility where entry forbidden or notice to depart received--"Notice" defined--Exemption for lawful activities of governmental agencies. No person may, without consent, and with the intent to obstruct the enterprise conducted at the animal facility, enter or remain on an animal facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. Notice includes communication by the owner or any person with apparent authority to act for the owner, fencing or other enclosures designed to exclude trespassers or to contain animals, or a sign posted on the property or at the entrance to the animal facility indicating that entry is forbidden. This section does not apply to lawful activities of a governmental agency carrying out its duties under law.

Source: SL 1992, ch 291, § 3.


     40-38-4.   Violation of § 40-38-2 as misdemeanor or felony. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 2 misdemeanor if there is damage of four hundred dollars or less. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 1 misdemeanor if there is damage of an amount greater than four hundred dollars and less than one thousand dollars. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 4 felony if there is damage of one thousand dollars or greater. Any person who violates subdivisions 40-38-2(2) to (5), inclusive, is guilty of a Class 4 felony.

Source: SL 1992, ch 291, § 4; SL 2006, ch 130, § 16.


     40-38-5.   Civil action by person damaged for three times amount of actual and consequential damages--Costs and attorney fees. Any person who has been damaged by reason of violation of this chapter may bring an action in the circuit court against the person causing the damage to recover an amount equal to three times all actual and consequential damages. Such person may also recover his court costs and reasonable attorney fees.

Source: SL 1992, ch 291, § 5.


Back to Title 40

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