40-38-1. Definition of terms
Terms used in this chapter mean:
(1) “Agricultural production facility,” real or personal property that is used primarily for agricultural purposes, including:
(a) A vehicle, building, structure, research facility, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale; or
(b) A barn, crop field, elevator, garden, greenhouse, nursery, orchard, research facility, seedhouse, warehouse, structure, machinery, or equipment;
(2) “Animal,” any living vertebrate except human beings;
(3) “Consent,” permission by the owner or by a person legally authorized to act for the owner. Consent is not effective if:
(a) Induced by force or threat;
(b) Given by a person the offender knows is not legally authorized to act for the owner; or
(c) Given by a person who by reason of age, mental disease or defect, or influence of drugs or alcohol is known by the offender to be incapable of consenting;
(4) “Crop,” a plant or plant product that is grown for food, feed, fiber, forage, or fuel;
(5) “Deception,” the act of knowingly:
(a) Creating or confirming another person's belief or impression as to the existence or nonexistence of a fact or condition that is false and that the actor does not believe to be true; or
(b) Failing to correct a false belief or impression as to the existence or nonexistence of a fact or condition that the actor previously created or confirmed;
(6) “Deprive,” to:
(a) Withhold an animal or material appurtenant to an animal 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 property only upon payment of a 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;
(7) “Owner,” a person who has title to the property, legal possession of the property, or a greater right to possession of the property than the other;
(8) “Possession,” actual custody, control, or management; and
(9) “Research facility,” any place at which any scientific test, experiment, or investigation involving the use of any living animal or crop is carried out, conducted, or attempted.
Credits
Source: SL 1992, ch 291, § 1; SL 2025, ch 173, § 2..
40-38-2. Prohibited activities--Exceptions
No person, without consent, may:
(1) Intentionally damage or destroy an agricultural production facility or an animal, or obstruct any enterprise conducted at the agricultural production facility;
(2) Acquire or otherwise exercise control over an agricultural production facility or an animal or other property from an agricultural production facility with the intent to deprive the owner or to obstruct the enterprise conducted at the facility;
(3) Enter an agricultural production facility, not then open to the public, with intent to commit any act prohibited by this section;
(4) Enter an agricultural production facility and remain concealed, with intent to commit any act prohibited by this section;
(5) Enter an agricultural production facility and commit or attempt to commit any act prohibited by this section;
(6) Intentionally turn out or release any animal or any plant pest or pathogen in or on an agricultural production facility;
(7) Use deception to gain access to or employment at an agricultural facility that is not open to the public, with the intent to cause physical or economic harm or other injury to the agricultural production facility; or
(8) Knowingly place or use a camera or electronic surveillance device that transmits or records images or data while committing criminal trespass as set forth in chapter 22-35.
This section does not apply to lawful activities of a governmental agency or emergency service carrying out its duties under law.
Credits
Source: SL 1992, ch 291, § 2; SL 2025, ch 173, § 3.
40-38-3. Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions
No person may, without consent, and with the intent to obstruct the enterprise conducted at an agricultural production facility, enter or remain on the agricultural production facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. Notice includes communication by the owner or any person with apparent authority to act for the owner, fencing, other enclosures designed to exclude trespassers or to contain animals, or a sign posted on the property or at the entrance to the agricultural production facility indicating that entry is forbidden. This section does not apply to lawful activities of a governmental agency or emergency service carrying out its duties under law.
Credits
Source: SL 1992, ch 291, § 3; SL 2025, ch 173, § 4.
40-38-4. Prohibited activities--Penalty
Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 2 misdemeanor if there is damage of four hundred dollars or less. Any person who violates subdivision 40-38-2(7) or (8), is guilty of a Class 2 misdemeanor. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 1 misdemeanor if there is damage in an amount greater than four hundred dollars and less than one thousand dollars. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 4 felony if there is damage of one thousand dollars or greater. Any person who violates subdivisions 40-38-2(2) to (5), inclusive, is guilty of a Class 4 felony.
Credits
Source: SL 1992, ch 291, § 4; SL 2006, ch 130, § 16; SL 2025, ch 173, § 5.
40-38-5. Civil action by person damaged for three times amount of actual and consequential damages--Costs and attorney fees
Any person who has been damaged by reason of violation of this chapter may bring an action in the circuit court against the person causing the damage to recover an amount equal to three times all actual and consequential damages. Such person may also recover his court costs and reasonable attorney fees.
CREDIT(S)
Source: SL 1992, ch 291, § 5.