1680. Short title
This act shall be known and may be cited as the "Animal Facilities Protection Act".
As used in this act:
1. "Animal" means any mammal, bird, fish, reptile or invertebrate, including wild and domesticated species, other than a human being;
2. "Animal facility" means any vehicle, building, structure, farm, ranch or other premises where an animal is kept, handled, transported, housed, exhibited, bred, offered for sale or used in any lawful scientific test, experiment, investigation or educational training;
3. "Person" means any individual, state agency, corporation, association, nonprofit corporation, joint stock company, firm, trust, partnership, two or more persons having a common interest, or other legal entity;
4. "Owner" means a person who has title to the property, possession of the property, or a greater right to the possession of the animal or property than another person;
5. "Possession" means actual care, custody, control or management; and
6. "Effective consent" means consent by the owner or a person legally authorized to act for the owner. Consent is not effective if induced or given by force or fear; by a person the offender knows is not legally authorized to act for the owner; or by a person who by reason of youth, mental disease or defect, or influence of drug or alcohol is known by the offender to be unable to make reasonable decisions.
1680.2. Prohibited acts with regard to certain animal facilities-- Penalties--Exempted acts
A. No person shall, without the effective consent of the owner and with intent to damage the enterprise conducted at the animal facility:
1. Damage, destroy or remove an animal facility or any property or animal in or on an animal facility;
2. Acquire or otherwise exercise control over an animal facility, an animal or other property from an animal facility, with the intent to deprive the owner of such facility, animal or property;
3. Enter an animal facility, not open to the public, with intent to commit an act prohibited by this section;
4. Enter an animal facility and commit or attempt to commit an act prohibited by this section;
5. Remain concealed in an animal facility, with intent to commit or attempt to commit an act prohibited by this section;
6. Enter or remain on an animal facility when the person has notice that entry is forbidden by any of the following:
a. written or oral communication with the owner or a person with apparent authority to act for the owner,
b. fencing or other enclosure obviously designed to exclude intruders or contain animals, or
c. a sign or signs posted on the property or at the entrance to the building, indicating that unauthorized entry is forbidden; and
7. Release any animal or animals, with intent to deprive the owner of such animal or animal facility.
B. A violation of any of the provisions in paragraphs 1 through 7 of subsection A of this section shall be a felony, upon conviction, punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment in the State Penitentiary for a term not to exceed seven (7) years, or by both such fine and imprisonment.
C. The provisions of this section shall not apply to lawful activities of any governmental agency or employees or agents thereof carrying out their respective duties under the law.
1681. Poisoning cattle
Every person who willfully administers poison to any animal, the property of another, and every person who maliciously exposes any poisonous substance with intent that the same shall be taken by any such animal, shall be guilty of a felony and shall be punishable by imprisonment in the state penitentiary not exceeding three (3) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by both such fine and imprisonment.
1685. Cruelty to animals
Any person who shall willfully or maliciously overdrive, overload, torture, destroy or kill, or cruelly beat or injure, maim or mutilate, any animal in subjugation or captivity, whether wild or tame, and whether belonging to himself or to another, or deprive any such animal of necessary food, drink or shelter; or who shall cause, procure or permit any such animal to be so overdriven, overloaded, tortured, destroyed or killed, or cruelly beaten or injured, maimed or mutilated, or deprived of necessary food, drink or shelter; or who shall willfully set on foot, instigate, engage in, or in any way further any act of cruelty to any animal, or any act tending to produce such cruelty, shall be guilty of a felony and shall be punished by imprisonment in the state penitentiary not exceeding five (5) years, or by imprisonment in the county jail not exceeding one (1) year, or by fine not exceeding Five Hundred Dollars ($500.00). Any officer finding an animal so maltreated or abused shall cause the same to be taken care of, and the charges therefor shall be a lien upon such animal, to be collected thereon as upon a pledge or a lien.
1686. Abandoned animals--Destroyed how
A. Any person owning or having charge or custody of a maimed, diseased, disabled, or infirm animal who abandons said animal or who allows said animal to lie in a public street, road, or public place one (1) hour after said person receives notice by a duly constituted authority that the animal is disabled or dead, upon conviction, shall be guilty of a misdemeanor.
B. Any peace officer, animal control officer, or agent or officer of the Society for the Prevention of Cruelty to Animals or of any humane society duly incorporated for the purpose of the prevention of cruelty to animals may destroy or cause to be destroyed any animal found abandoned and for which no proper care has been given.
C. When any person who is arrested, and who is at the time of such arrest in charge of any animal or of any vehicle drawn by or containing any animal, any peace officer, animal control officer, or agent or officer of said humane societies may take custody of the animal or of the vehicle and its contents, or deliver the animal or the vehicle and its contents into the possession of the police or sheriff of the county or place where such arrest was made, who shall assume the custody thereof. All necessary expenses incurred in taking custody of the animal or of the vehicle and its contents shall be a lien on such property.
D. For the purpose of the provisions of this section and Section 1691 of this title, the term abandon means the voluntary relinquishment of an animal with no intention to retain possession and shall include but shall not be limited to vacating a premises and leaving the animal in or at the premises, or failing to feed the animal or allowing it to stray or wander onto private or public property with the intention of surrendering ownership or custody over said animal.
1688. Animals in transit
Any person who carries or causes to be carried in or upon any vessel or vehicle, or otherwise, any animal in a cruel or inhuman manner, or so as to produce torture is guilty of a misdemeanor.
1689. Poisonous drugs, unjustifiable administration of
Any person who unjustifiably administers any poisonous or noxious drug or substance to any animal, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, is guilty of a misdemeanor.
1691. Abandoning of domestic animals along streets or highways or in any public place prohibited
Any person who deposits any live dog, cat, or other domestic animal along any private or public roadway, or in any other private or public place with the intention of abandoning the domestic animal upon conviction, shall be guilty of a misdemeanor.
Any person found guilty of violating any of the provisions of Sections 1686, 1688, 1689 and 1691 of this title shall be punished by a fine in an amount not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than one (1) year, or by both said fine and imprisonment.
Amended in 1997, 1999.
Reviewed by AAHS in September 2001.
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