§ 5-62-201. Animal research; Assembly findings
(a) The General Assembly finds that:
(1) The caring, rearing, feeding, breeding, and sale of animals and animal products and the use of animals in research, testing, and education represent vital segments of the economy of the state;
(2) Producers and others involved in the production and sale of animals and animal products and the use of animals in research and education have a vested interest in protecting the health and welfare of animals and the physical and intellectual property rights which they have in animals; and
(3) There has been an increasing number of illegal acts committed against farm animal and research facilities.
(b) The General Assembly further finds that these illegal acts threaten the production of agricultural products and jeopardize crucial scientific, biomedical, or agricultural research.
(c) Finally, the General Assembly finds that these illegal acts threaten the public safety, by exposing communities to contagious diseases and damage research.
Acts of 1991, Act 1006, § 2.
§ 5-62-202. Animal research, definitions
As used in this subchapter:
(1) “Animal” means any warm or cold blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects;
(2) “Animal facility” means any vehicle, building, structure, or premises, where an animal or animal records are kept, handled, housed, exhibited, bred, or offered for sale;
(3) “Consent” means assent in fact, whether express or apparent;
(4) “Deprive” means to:
(A) Withhold an animal or other property 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 other property only upon payment of 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) “Effective consent” means consent by a person legally authorized to act for the owner. Consent is not effective:
(A) If induced by force, threat, false pretense, or fraud;
(B) If given by a person the actor knows is not legally authorized to act for the owner;
(C) If given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the actor to be unable to make reasonable decisions; or
(D) If given solely to detect the commission of an offense;
(6) “Notice” means:
(A) Oral or written communication by the owner or a person with apparent authority to act for the owner;
(B) Fencing or other enclosure obviously designed to exclude persons or to contain animals; or
(C) A sign or signs posted on property or at the entrance to a building, reasonably likely to come to the attention of a person, indicating that entry is forbidden;
(7) “Owner” means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;
(8) “Person” means any individual, corporation, association, nonprofit corporation, joint stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity; and
(9) “Possession” means actual care, custody, control, or management.
Acts of 1991, Act 1006, § 1; Acts of 2015, Act 1263, § 14, eff. July 22, 2015.
§ 5-62-203. Animal research offenses
(a)(1) A person commits an offense if, without the effective 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 purpose to:
(A) Deprive the owner of the animal facility, animal, or property; and
(B) Disrupt or damage the enterprise conducted at the animal facility.
(2) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person damages or destroys:
(A) An animal facility; or
(B) Any animal or property in or on an animal facility.
(3) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person:
(A) Enters an animal facility, not then open to the public, with the purpose to commit an act prohibited by this section;
(B) Remains concealed, with the purpose to commit an act prohibited by this section, in an animal facility; or
(C) Enters an animal facility and commits or attempts to commit an act prohibited by this section.
(4) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person:
(A) Enters or remains in an animal facility; and
(B) Had notice that the entry was forbidden or received notice to depart but failed to depart.
(b) A person who violates this section upon conviction is guilty of a Class D felony.
(c) A person convicted of violating this section shall be ordered to make restitution to the animal facility in the full amount of the reasonable cost of:
(1) Replacing materials, data, equipment, or animals, and records that may have been damaged or cannot be returned; and
(2) Repeating any experimentation that may have been interrupted or invalidated as a result of the violation.
(d) This subchapter does not affect any other right of a person that has been damaged by reason of a violation of this subchapter.
Acts of 1991, Act 1006, § 3; Acts of 2015, Act 1263, § 15, eff. July 22, 2015.
§ 5-62-204. Animal research penalties - § 5-62-204. Repealed by Acts of 2015, Act 1263, § 16, eff. July 22, 2015