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Detailed Discussion of Idaho Great Ape Laws In Idaho, gorillas, chimpanzees, bonobos, orangutans, gibbons, and all other nonhuman primates are classified as “deleterious exotic animals” which are dangerous to the environment, livestock, agriculture, or wildlife of the state. As a result of this classification, it is illegal to import or possess an ape without a Deleterious Exotic Animal permit issued by the Idaho State Department of Agriculture (ISDA). The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.
Gill v. Brown

Plaintiffs sought to recover property damages and damage and for mental anguish sustained when Brown allegedly shot and killed a donkey owned by the Gills.  By alleging that Brown's conduct was reckless and that they thereby suffered extreme mental anguish and trauma, the court held that the Gills have alleged facts that, if proven, could permit recovery under an intentional infliction of emotional distress cause of action. Accordingly, the court held that the district court erred by striking the Gills' claim for damages caused by mental anguish and the cause was remanded.

ID - Assistance Animal - Assistance Animal/Guide Dog Laws

The following statutes comprise the state's relevant assistance animal and guide dog laws.

ID - Cruelty - Consolidated Cruelty Statutes

These Idaho statutes comprise the state's anti-cruelty and animal fighting provisions.  Every person who is cruel to any animal and whoever having the charge or custody of any animal subjects any animal to cruelty is guilty of a misdemeanor.  "Animal" means any vertebrate member of the animal kingdom, except humans.  "Cruelty" is defined as the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal as well as the negligent deprivation of necessary sustenance, among other things.  Dogfighting and cockfighting exhibitions are also prohibited, but the rearing of gamecocks regardless of their later intended use is not prohibited.

ID - Dangerous - § 25-2806. Liability for livestock and poultry killed by dogs

This Idaho statute provides that any owner whose dog that kills, worries, or wounds any livestock and poultry is liable to the owner of the same for the damages and costs of suit, to be recovered before any court of competent jurisdiction.  Further, any person, on finding any dog, not on the premises of its owner or possessor, worrying, wounding, or killing any livestock or poultry may, at the time of so finding said dog, kill the same, without liability for damages.

ID - Dangerous Dogs running at large - Chapter 28. Dogs.

This Idaho statute provides that any person who lets his or her dog run at large after a complaint has been made to the sheriff shall be guilty of an infraction punishable as provided in section 18-113A, Idaho Code.  Any person who lets his or her dog physically attack someone when not provoked shall be guilty of a misdemeanor in addition to any liability as provided in section 25-2806, Idaho Code.  For a second or subsequent violation of this subsection, the court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog.

ID - Dog - Consolidated Dog Laws

These Idaho statutes comprise the state's dog laws.  Among the provisions include licensing requirements, laws regarding dogs at large and vicious dogs, and immunity for acts done by law enforcement dogs.

ID - Dog License - Chapter 28. Dogs.

This Idaho statute provides that once a county board adopts a measure, sixty (60) days from the date of the board's meeting at which this measure is adopted, it shall be the duty of the sheriff of the county to seize and impound all unlicensed dogs at large, excluding those located in a municipality that has enacted a dog license law.  A dog impounded under this provision may be killed in a humane manner after 5 days after there has been a "reasonable effort" to locate the owner.

ID - Dog, property - Chapter 28. Dogs.

This Idaho statute states that dogs are considered property.  It further provides that no entity of state or local government may by ordinance or regulation prevent the owner of any dog from protecting it from loss by the use of an electronic locating collar.

ID - Ecoterrorism - Chapter 70. Trespass and Malicious Injuries to Property.

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.