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Displaying 11 - 20 of 69
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| UT - Ag gag - § 76-6-112. Agricultural operation interference--Penalties | U.C.A. 1953 § 76-6-112 | UT ST § 76-6-112 | This Utah law creates the crime of "agricultural operation interference ." A person commits agricultural operation interference if he or she records an image or sound from an agricultural operation by leaving a recording device without consent, obtains access to an agricultural operation under false pretenses, applies for employment with the intent to record, or without consent intentionally records the operation while committing criminal trespass. | Statute |
| KS - Ecoterrorism - Chapter 47. Livestock and Domestic Animals. | K. S. A. 47-1825 - 1830 | KS ST 47-1825 - 1830 | This section comprises Kansas' farm animal and field crop and research facilities protection act. Under the act, no person shall, without the effective consent of the owner and with the intent to damage the enterprise conducted at the animal facility, damage or destroy an animal facility or any animal or property in or on an animal facility. A person is also prohibited from exercising control over an animal or property. The act makes it illegal for a person to enter an animal facility that is not open to the public to take pictures or video. Violation is a nonperson felony if the property damage is $25,000 or more. Illegal entry that involves taking of pictures or video is a class A, nonperson misdemeanor. | Statute |
| OK - Ecoterrorism - G-1. Farm Animal, Crop, and Research Facilities Protection Act | 2 Okl. St. Ann. § 5-103 to 107 | OK ST T. 2 § 5-103 to 107 | This article is known as the “Oklahoma Farm Animal, Crop, and Research Facilities Protection Act." A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises 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 such facility, animal, or property and to disrupt or damage the enterprise conducted at the animal facility. Violation is a felony and results in a fine of up to $10,000 and/or 3 years imprisonment. | Statute |
| IA - Ecoterrorism - Chapter 717A. Offenses Relating to Agricultural Production. | I. C. A. § 717A.1 - 717A.4 | IA ST § 717A.1 - 717A.4 | This set of Iowa laws relates to interference with animal facility operations as well as crop operations (commonly known as "ecoterrorism"). Under the section, it is unlawful for a person, without consent, to destroy property of an animal facility or kill or injure an animal maintained there. It is also unlawful for a person to enter such a facility if the person has notice that it is not open to the public with intent to disrupt operations there. A person suffering damages from such actions at an animal facility can bring an action to recover damages, which includes an amount equaling three times all actual and consequential damages. Iowa has a specific section that makes it a class B felony to use pathogens with an intent to threaten the health of an animal or crop. | Statute |
| NY - Ecoterrorism - § 378. Unlawful tampering with animal research | McKinney's Agriculture and Markets Law § 378 | NY AGRI & MKTS § 378 | This New York law comprises the state's ecoterrorism provision. A person who has been given "notice," as defined by the law, is guilty of the crime of "unlawful tampering with animal research" if he or she: (1) knowingly or intentionally releases an animal from a facility or causes the abandonment of an animal knowing that such animal was exposed to infectious agents prior to such release or abandonment and was capable of transmitting such infectious agents to humans; or (2) with intent to do so, causes loss or damage to secret scientific material, and having no right to do so nor any reasonable ground to believe that he has such right, causes loss of or damage to any secret scientific material in an amount in excess of two hundred fifty dollars at a facility. | Statute |
| US - Crimes - Chapter 3. Animals, Birds, Fish, and Plants. | 18 USCA § 43 | This federal law provides for crime and penalties for animal enterprise terrorism. | Statute | |
| MT - Ecoterrorism - Chapter 30. Protection of Farm Animals and Research Facilities | MCA 81-30-101 to 81-30- 105 | MT ST 81-30-101 to 81-30- 105 | This chapter comprises Montana's Farm Animal and Research Facilities Protection Act." Unlawful acts include exercising control over a facility without consent, damaging or destroying the property of an animal facility, entering an animal facility with the intent to commit a prohibited act, entering an animal facility to take pictures by photograph, video camera, or other means with the intent to commit criminal defamation, and entering an animal facility if the person knows entry is forbidden. A person who has been damaged by reason of a violation of 81-30-103 may bring against the person who caused the damage an action in the district court to recover an amount equal to three times all actual and consequential damages; and court costs and reasonable attorney fees. | Statute |
| Animal Legal Defense Fund v. Herbert | This complaint launches the first legal challenge to any ag-gag law in the United States. In it, the Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Amy Meyer, and others argue that Utah Code Ann. § 76-6-112 is unconstitutionally overbroad, constitutes content-based discrimination in violation of the First Amendment, is preempted by the federal False Claims Act, and violates animal protection groups’ equal protection and due process. | Pleading | ||
| Ouderkirk v. People for Ethical Treatment of Animals, Inc. | 2007 WL 1035093 (E.D.Mich.) (Not Reported in F.Supp.2d, 2007 WL 1035093 (E.D.Mich.)) | Only the Westlaw citation is currently available. |
The plaintiffs in this case own a chinchilla ranch in mid-Michigan. They filed a complaint alleging that PETA lied to them to gain access to their farm, took video footage of their farm operation, and then published an exposé on PETA's website that put the plaintiffs in an unfavorable false light. The court ultimately granted defendant-PETA's motion for summary judgment on all the issues. The court observed that the Ouderkirks gave permission for the taping in an email that makes no reference to any restriction on that consent. Further, the primary use made of the plaintiffs' likenesses by the defendant was to advocate against the chinchilla trade; thus, PETA had a right under the First Amendment to disseminate the information containing the plaintiffs' likenesses. |
Case |
| ND - Ecoterrorism - Chapter 12.1-21.1. Animal Research Facility Damage | NDCC 12.1-21.1-01 to 05 | ND ST 12.1-21.1-01 to 05 | This chapter concerns unlawful interference with animal facilities. Under the section, a person may not intentionally damage or destroy an animal facility or the property or animals located therein; exercise control over the animals or property; enter an animal facility not open to the public with the intent on committing prohibited acts; enter a facility and remain concealed to commit prohibited acts; or intentionally release an animal at a facility. Violation is a class B felony if damage is $10,000 or more, a class C felony if the damage is at least $500 to under $10,000, and a class A misdemeanor if damage is less than $500. Entering an animal facility and using or attempting to use a camera, video recorder, or any other video or audio recording equipment is a class B misdemeanor. | Statute |