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Displaying 21 - 30 of 69
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Animal Legal Defense Fund v. Reynolds | 8 F.4th 781 (8th Cir. 2021) | This appeal centers around an Iowa statute called the “Agricultural Production Facility Fraud" law that prohibited accessing agricultural production facilities by false pretenses and making false statements as part of an employment application to an agricultural production facility. Animal rights organizations filed a § 1983 action against state and county officials contending the law violated the the First Amendment free speech clause. The district court ruled that both provisions are unconstitutional and entered an injunction against enforcement of the entire statute. Here, the Eighth Circuit affirmed in part and reversed in part. The court found both the Access Provision and the Employment Provision constitute direct regulations of speech. However, the court held the conclude that the Access Provision's prohibition on assuming false pretenses to obtain access to an agricultural production facility is consistent with the First Amendment. In contrast, the Employment Provision did not survive strict scrutiny because is proscribes speech that is protected by the First Amendment and was not narrowly tailored. The court affirmed the district court's grant of summary judgment for the plaintiffs on Iowa Code § 717A.3A(1)(b), reversed the judgment declaring unconstitutional § 717A.3A(1)(a), vacated the injunction against enforcement of § 717A.3A(1)(a), (2), and (3), and remanded for further proceedings. | Case | |
| FL - Ecoterrorism - Florida Animal Enterprise Protection Act | West's F. S. A. § 828.40 - 43 | FL ST § 828.40 - 43 | This set of laws comprises the Florida Animal Enterprise Protection Act. Under the Act, a person who intentionally causes physical disruption to the property, personnel, or operations of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property, including animals or records, used by the animal enterprise, and thereby causes economic damage, commits a felony of the third degree. | Statute |
| PA - Ecoterrorism - § 3311. Ecoterrorism | 18 Pa.C.S.A. § 3309 - 3311; 42 Pa.C.S.A. § 8319 | PS ST 18 Pa.C.S.A. § 3309 - 3311; PS ST 42 Pa.C.S.A. § 8319 | This collective set of laws comprises Pennsylvania's ecoterrorim and agroterrorism provisions. The state has an agricultural vandalism law (misdemeanor or felony, depending on pecuniary loss) and law prohibiting the destruction of agricultural crops (felony). A person is guilty of ecoterrorism if the person commits a specified offense against property by: intimidating or coercing a person participating in an activity involving animals, plants, or natural resources; or preventing or obstructing a person involved in such an activity. The law has a provision that states a person who is on public property, or on private property with permission, and is peaceable exercising his or her constitutional rights is immune from prosecution and from civil liability under Pa.C.S. Sec. 8319. | Statute |
| People for the Ethical Treatment of Animals, Inc. v. N. Carolina Farm Bureau Fed'n, Inc. | 60 F.4th 815 (4th Cir.), cert. denied, 144 S. Ct. 325, 217 L. Ed. 2d 170 (2023), and cert. denied sub nom. Stein v. People for the Ethical Treatment of Animals, Inc., 144 S. Ct. 326, 217 L. Ed. 2d 170 (2023) | Several animal welfare organizations including PETA sought to conduct undercover animal cruelty investigations in North Carolina, but were unable to do so because North Carolina's Property Protection Act prohibited employees from entering nonpublic areas of employer's premises to record or remove information and using that information to breach their duty of loyalty. PETA and other plaintiffs argue that the act violates their protected First Amendment rights and functions as a discriminatory speech restriction. North Carolina argues that the restrictions on speech are incidental, and the act protects against trespass and disloyalty. The United States District Court for the Middle District of North Carolina dismissed the complaint and the organizations appealed. The Court of Appeals then reversed and remanded. On remand here, the District Court held that the information gathered by the animal welfare organizations was protected speech and, thus, subject to strict scrutiny. . | Case | |
| ID - Ecoterrorism - Chapter 70. Trespass and Malicious Injuries to Property. | I.C. § 18-7015, 7037, 7040, 7041, 7042 | ID ST § 18-7015, 7037, 7040, 7041, 7042 | These laws comprise Idaho's animal enterprise interference/"ecoterrorism" laws. The state has a provision specific to trespass into enclosures for fur-bearing animals such as foxes. Additionally, § 18-7037 prohibits the unauthorized release of an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education. This offense is a misdemeanor and the actor is liable for restitution that includes replacement costs, property damage, and even costs of repeating an experiment. Section § 18-7040 defines the crime of interference with agricultural research where a person knowingly damages property, obtains property with the intent of hinder the research; obtains access to the facility by misrepresentation to perform acts to damage or hinder the research; enters the facility with the intent to damage, alter, or duplicate data or records; or the release of an animal or injury to an animal at the facility. Violation is a felony with punishment of up to 20 years imprisonment and/or a fine of up to $10,000. The state also has a separate section on damage to aquaculture operations. | Statute |
| TN - Ecoterrorism - Part 8. Farm Animal and Research Facilities Protection | T. C. A. § 39-14-801 - 806 | TN ST § 39-14-801 - 806 | This chapter comprises the Tennessee Farm Animal and Research Facilities Protection Act. A person commits an offense if, without consent, the person 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 the facility, animal, or property and to disrupt the enterprise conducted at the animal facility. Other offenses include destruction of property, including freeing of animals located there, or entering an animal facility with the intent to disrupt or damage the enterprise or its property. A violation is a Class C felony if the person exercises control over the facility or the damage is $500 or more. A violation is a Class B misdemeanor if the damage is less than $500 or the person illegally enters the facility with intent to damage it. Any person who has been damaged by reason of a violation of this part may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing the damage. | Statute |
| IL - Ecoterrorism - 5/48-2. Animal research and production facilities protection | 720 I.L.C.S. 5/48-2 | IL ST CH 720 § 5/48-2 | This new law replaces the Illinois' Animal Research and Production Facilities Protection Act, which was repealed in 2013. Under the new law, it is unlawful for any person to release, steal, or injure an animal held at a facility; to damage or vandalize any property; to obtain access to an animal facility by false pretenses for the purpose of performing unauthorized acts; to enter into an animal facility with an intent to destroy, alter, duplicate, or obtain unauthorized possession of records; or to enter or remain on an animal facility with the intent to commit a prohibited act. Violation of any of these acts is a felony, with classification based on the amount of property damage. | 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 |
| UT - Ecoterrorism - § 76-6-110. Offenses committed against animal enterprises--Definitions--Enhanced penalties | U.C.A. 1953 § 76-3-203.16 (Formerly cited as UT ST § 76-6-110) | UT ST § 76-3-203.16 | This section comprises Utah's animal enterprise interference law. A person who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, is subject to an enhanced penalty. These penalties enhancements raise the level of the crime one degree (e.g., a class C misdemeanor becomes a class B misdemeanor and a class A misdemeanor becomes a third degree felony). | Statute |
| 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 |