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.