§ 18-7015. Trespass on inclosure for fur-bearing animals
§ 18-7037 . Unauthorized release of certain animals, birds or aquatic species--Penalties
§ 18-7040. Interference with agricultural research
§ 18-7041. Damage to aquaculture operations
§ 18-7042. Interference with agricultural production (Held Unconstitutional by Animal Legal Defense Fund v. Wasden, 9th Cir. (Idaho), Jan. 04, 2018)
§ 18-7015. Trespass on inclosure for fur-bearing animals
When the owner of any inclosure wherein foxes or other fur-bearing animals are held in captivity, shall erect a fence or other barrier around the same and within the boundaries of the premises under the exclusive dominion and control of such owner, and shall post warning signs in conspicuous places along such fence or barrier prohibiting trespass on the clear space between such fence or barrier and the inclosure aforesaid, it shall be unlawful for any person, without the permission of such owner, to cross such fence or barrier or trespass upon such clear space.
Any person violating the provisions hereof shall be deemed guilty of a misdemeanor.
CREDIT(S)
S.L. 1972, ch. 336, § 1.
§ 18-7037. Unauthorized release of certain animals, birds or aquatic species--Penalties
(1) Any person who without expressed permission from the owner or agent releases an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education is liable: (a) to the owner or agent exercising possession of the animal, bird or aquatic species for damages and replacement costs, including the costs of restoring the animal, bird, or aquatic species to confinement and to its health condition prior to release; and (b) for damage to personal and real property caused by the release of the animal, bird or aquatic species. If the release causes the failure of an experiment, the person is liable for all costs of repeating the experiment, including replacement of the animal, bird or aquatic species.
(2) Any person who intentionally and without permission releases an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education is guilty of a misdemeanor.
CREDIT(S)
S.L. 1990, ch. 38, § 1.
§ 18-7040. Interference with agricultural research
(1) A person commits the crime of interference with agricultural research if the person knowingly:
(a) Damages any property at an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;
(b) Obtains any property of an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;
(c) Obtains access to an agricultural research facility by misrepresentation with the intent to perform acts that would damage or hinder agricultural research or experimentation;
(d) Enter an agricultural research facility with the intent to damage, alter, duplicate or obtain unauthorized possession of records, data, materials, equipment or specimens related to agricultural research or experimentation;
(e) Without the authorization of the agricultural research facility, obtains or exercises control over records, data, materials, equipment or specimens of the agricultural research facility with the intent to destroy or conceal the records, data, materials, equipment or specimens; or
(f) Releases or steals an animal from, or causes the death, injury or loss of an animal at an agricultural research facility.
(2) A person found guilty of committing the crime of interference with agricultural research shall be guilty of a felony and shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment.
(3) For purposes of this section:
(a) “Agricultural research facility” means any structure or land, whether privately or publicly owned, leased or operated, that is being used for agricultural research or experimentation.
(b) “Agricultural research or experimentation” means the lawful study, analysis or testing of plants or animals, or the use of plants or animals to conduct studies, analyses, testing or teaching, for the purpose of improving farming, forestry or animal husbandry.
(4) In addition to any other penalty imposed for a violation of this section, the court shall require any person convicted, found guilty or who pleads guilty to a violation of this section to make restitution to the victim of the offense in accordance with the terms of section 19-5304, Idaho Code; provided, that such award shall be in an amount equal to twice the value of the crop, crop product, timber, timber product, livestock or equipment damaged or destroyed. In ordering restitution under this section, the court shall, in the determination of value, consider:
(a) The market value of the crop, crop product, timber, timber product, livestock, or equipment that has been damaged or destroyed;
(b) Production, research, testing, replacement and development costs directly related to the crop, crop product, timber, timber product, livestock or equipment that has been damaged or destroyed;
(c) the costs of repeating an experiment, including the replacement of the records, data, equipment, specimens, labor and materials, if acts constituting the violation cause the failure of an experiment in progress or irreparably damage completed research or experimentation.
CREDIT(S)
S.L. 2002, ch. 263, § 1.
§ 18-7041. Damage to aquaculture operations
(1) It is unlawful for any person to knowingly transfer, damage, vandalize, poison, or knowingly attempt to transfer, damage, vandalize or poison the product or facilities of a posted commercial aquaculture operation in Idaho, or to knowingly release or knowingly allow another person to release any poisonous or dangerous substance that comes in contact with any species in production in an aquaculture operation and causes damage to either the species in production or the aquaculture facility itself.
(2) Any person or persons violating any provision of this section when the value of the damage to either the species in production or the aquaculture facility itself is one thousand dollars ($1,000) or less shall be guilty of a misdemeanor. Any person or persons violating any provisions of this section when the value of the damage to either the species in production or the aquaculture facility itself is in excess of one thousand dollars ($1,000) shall be guilty of a felony and upon conviction thereof shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment.
(3) Nothing in this section shall be construed to limit the court's power to order restitution equal to the extent of the damage suffered by the aquaculture operation.
(4) Nothing in this section shall be construed to limit an aquaculture operation from proceeding in a civil action to seek any lawful civil remedy.
CREDIT(S)
S.L. 2004, ch. 143, § 1.
§ 18-7042. Interference with agricultural production (Held Unconstitutional by Animal Legal Defense Fund v. Wasden, 9th Cir. (Idaho), Jan. 04, 2018)
(1) A person commits the crime of interference with agricultural production if the person knowingly:
(a) Is not employed by an agricultural production facility and enters an agricultural production facility by force, threat, misrepresentation or trespass;
(b) Obtains records of an agricultural production facility by force, threat, misrepresentation or trespass;
(c) Obtains employment with an agricultural production facility by force, threat, or misrepresentation with the intent to cause economic or other injury to the facility's operations, livestock, crops, owners, personnel, equipment, buildings, premises, business interests or customers;
(d) Enters an agricultural production facility that is not open to the public and, without the facility owner's express consent or pursuant to judicial process or statutory authorization, makes audio or video recordings of the conduct of an agricultural production facility's operations; or
(e) Intentionally causes physical damage or injury to the agricultural production facility's operations, livestock, crops, personnel, equipment, buildings or premises.
(2) For purposes of this section:
(a) “Agricultural production” means activities associated with the production of agricultural products for food, fiber, fuel and other lawful uses and includes without limitation:
(i) Construction, expansion, use, maintenance and repair of an agricultural production facility;
(ii) Preparing land for agricultural production;
(iii) Handling or applying pesticides, herbicides or other chemicals, compounds or substances labeled for insects, pests, crops, weeds, water or soil;
(iv) Planting, irrigating, growing, fertilizing, harvesting or producing agricultural, horticultural, floricultural and viticultural crops, fruits and vegetable products, field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant byproducts, plant waste and plant compost;
(v) Breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, furbearing animals, poultry, eggs, fish and other aquatic species, and other animals, animal products and animal byproducts, animal waste, animal compost, and bees, bee products and bee byproducts;
(vi) Processing and packaging agricultural products, including the processing and packaging of agricultural products into food and other agricultural commodities;
(vii) Manufacturing animal feed.
(b) “Agricultural production facility” means any structure or land, whether privately or publicly owned, leased or operated, that is being used for agricultural production.
(3) A person found guilty of committing the crime of interference with agricultural production shall be guilty of a misdemeanor and shall be punished by a term of imprisonment of not more than one (1) year or by a fine not in excess of five thousand dollars ($5,000), or by both such fine and imprisonment.
(4) In addition to any other penalty imposed for a violation of this section, the court shall require any person convicted, found guilty or who pleads guilty to a violation of this section to make restitution to the victim of the offense in accordance with the terms of section 19-5304, Idaho Code. Provided however, that such award shall be in an amount equal to twice the value of the damage resulting from the violation of this section.
Credits
Added by S.L. 2014, ch. 30, § 1, eff. Feb. 28, 2014.