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Displaying 11 - 20 of 70
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| KY - Ecoterrorism - Chapter 437. Offenses Against Public Peace | KRS § 437.410 - 429 | KY ST § 437.410 - 429 | This chapter concerns the protection of animal enterprise facilities in Kentucky. Prohibited acts include exercising control over a facility or its property without consent of the owner, disruption or destruction of property of a facility, entering a facility with the intent to commit a prohibited act, and entering a facility with the intent to disrupt or damage the enterprise and then remaining on the grounds knowing that entry is forbidden. Any person who violates any provision of KRS 437.410 to 437.420 shall be subject to a fine of not more than $5,000 or imprisoned for not less than 6 months but not more than 1 year, or both, for each violation. | Statute |
| NH - Ecoterrorism - 644:8-e Willful Interference With Organizations or Projects Involving Animals | N.H. Rev. Stat. § 644:8-e | NH ST § 644:8-e | This law is New Hampshire's eco/agroterrorism law. The law states that whoever willfully causes bodily injury or willfully interferes with any property, including animals or records, used by any organization or project involving animals, or with any animal facility shall be guilty of a class A misdemeanor. Whoever in the course of a violation of paragraph I causes serious bodily injury to another individual or economic loss in excess of $10,000 shall be guilty of a class B felony. | 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 |
| MD - Ecoterrorism - Title 6. Crimes Against Property. | MD Code, Criminal Law, § 6-208 | MD CRIM LAW § 6-208 | This law reflects Maryland's "ecoterrorism"/animal research interference law. A person may not break and enter a research facility without the permission of the research facility with the intent to: obtain unauthorized control over research property; alter or eradicate research property; damage or deface research property; move research property in a manner intended to cause harm to it; destroy or remove research property; or engage in conduct that results in the removal of research property. Violation of the law is a felony with imprisonment of up to 5 years or a fine of up to $5,000, or both. | Statute |
| U.S. v. Fullmer | 584 F.3d 132 (C.A.3 (N.J.), 2009) | 2009 WL 3273955 (C.A.3 (N.J.)) |
In an issue of first impression, this Court considered whether the Animal Enterprise Protection Act (AEPA) was unconstitutional either on its face or as-applied to defendants. The defendants in this case were an animal rights organization ("SHAC") and six associated individuals. The defendants engaged in direct action ranging from electronic civil disobedience to destroying property at the homes of individuals associated with Huntingdon Life Sciences (a research corporation that performs animal testing for other companies). Defendants argued that the statute has a chilling effect on speech because protestors will refrain from all speech, even protected speech, due to the ambiguity of what the statute proscribes. Thus the Court found that the government provided sufficient evidence to prove that the defendants conspired to violate the AEPA. |
Case |
| 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 |
| Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty | 71 A.D.3d 734 (N.Y.A.D. 2 Dept.,2010) | 2010 WL 818490 (N.Y.A.D. 2 Dept.); 896 N.Y.S.2d 440 |
Animal rights protestors appealed the decision of the Supreme Court, Westchester County that permanently enjoined the protestors from engaging in protest activity that constituted a private nuisance (to wit, participating in targeted protest at the home of the plaintiff Mark L. Bibi). This court found that the protestors failed to refute the evidence from the lower court that showed the plaintiffs were entitled to a permanent injunction as a matter of law (including evidence of the appellant's federal conviction conspiracy to violate the Animal Enterprise Protection Act of 1992). While the court did find that the appellant-protestor's incarceration did not render the appeal academic, imposition of the injunction was a reasonable and constitutional restriction on protest activity. |
Case |
| Animal Legal Defense Fund v. Otter | 44 F. Supp. 3d 1009 (D. Idaho 2014) | 2014 WL 4388158 (D. Idaho, 2014) | In a ‘hold your tongue and challenge now’ First Amendment challenge to an Idaho statute that criminalizes undercover investigations and videography at “agricultural production facilities,” the Animal Legal Defense Fund, as well as various other organizations and individuals, (collectively, “ALDF”), brought suit. The State defendants, Governor Butch Otter and Attorney General Lawrence Wasden, moved to dismiss the ALDF's claims. The claims against the Governor were dismissed under 11th Amendment immunity because the ALDF failed to explain the requisite connection between the Governor and enforcement of section 18–7024. The court also found that since the ALDF failed to allege a concrete plan to violate subsection (e), it lacked standing to challenge section 18–7042(1)(e) and the claim in regards to that provision was therefore dismissed. However, the ALDF’s First Amendment, bare animus Equal Protection, and preemption claims survived the motion to dismiss. | 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 |
| Animal Legal Defense Fund v. Reynolds | 297 F.Supp.3d 901 (S.D. Iowa, 2018) | 297 F.Supp.3d 901 | Plaintiffs, a collection of local and national non-profit organizations brought this action alleging that Iowa Code § 717A.3A, which criminalizes agrigcultural facility fraud by either obtaining access to an agricultural facility on false pretenses or making a false statement or false representation in regard to the application or agreement to be employed by an agricultural facility, impeded their ability to advocate for their respective causes. Some of the non-profit organizations listed as plaintiffs, engaged in undercover investigations where investigators serve as employees at argricultural facilities to gather information about the inner workings of slaughterhouses and other facilities. The plaintiffs alleged that the Iowa statute was unconstitutional on its face becuase it violated the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. The Discrict Court determined that the plaintiffs have standing to make their claim and have an injury sufficient to suppor their standing. The defendants sought a motion to dismiss. The District Court ultimately denied the motion to dismiss with respect to the First Amendment claim and granted the motion to dismiss with respect to the Equal Protection claim. | Case |