State Codes and Statutes

State Codes and Statutes

Statutes > North-dakota > T121 > T121c211

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CHAPTER 12.1-21.1ANIMAL RESEARCH FACILITY DAMAGE12.1-21.1-01. Definitions. In this chapter, unless the context otherwise requires:1.&quot;Animal&quot; means any living organism that is used in food, fur, or fiber production,<br>agriculture, research, testing, or education. The term does not include a human<br>being, plant, or bacteria.2.&quot;Animal facility&quot; means any vehicle, building, structure, research facility, premises, or<br>defined area where an animal is kept, handled, housed, exhibited, bred, or offered<br>for sale.3.&quot;Deprive&quot; means to:a.Withhold an animal or other property from the owner permanently or for so<br>extended a period of time that a major portion of the value or enjoyment of the<br>animal or property is lost to the owner;b.Restore the animal or property only upon payment of a reward or other<br>compensation; orc.Dispose of an animal or other property in a manner that makes recovery of the<br>animal or property by the owner unlikely.4.&quot;Effective consent&quot; includes consent by a person legally authorized to act for the<br>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<br>owner; orc.Given by a person who by reason of age, mental disease or defect, or influence<br>of drugs or alcohol is known by the offender to be unable to make a reasonable<br>decision.5.&quot;Owner&quot; means a person who has title to the property, possession of the property, or<br>a greater right to possession of the property than the actor.6.&quot;Possession&quot; means actual care, custody, control, or management.7.&quot;Research facility&quot; means any place at which any scientific test, experiment, or<br>investigation involving the use of any living animal is carried out, conducted, or<br>attempted.12.1-21.1-02. Animal facility - Damage or destruction. No person without the effectiveconsent of the owner may:1.Intentionally damage or destroy an animal facility, an animal or property in or on the<br>animal facility, or any enterprise conducted at the animal facility.2.Acquire or otherwise exercise control over an animal facility or an animal or other<br>property from an animal facility with the intent to deprive the owner and to damage<br>the enterprise conducted at the facility.3.Enter an animal facility, not then open to the public, with intent to commit an act<br>prohibited by this section.Page No. 14.Enter an animal facility and remain concealed with intent to commit an act prohibited<br>by this section.5.Enter an animal facility and commit or attempt to commit an act prohibited by this<br>section.6.Enter an animal facility and use or attempt to use a camera, video recorder, or any<br>other video or audio recording equipment.7.Intentionally turn out or release any animal in or on an animal facility.This section does not apply to lawful activities of a governmental agency carrying out its duties<br>under law.12.1-21.1-03. Entry forbidden - Notice. No person may without the effective consent ofthe owner, and with the intent to damage the enterprise conducted at the animal facility, enter or<br>remain on an animal facility, if the person had notice that the entry was forbidden or received<br>notice to depart but failed to do so. Notice includes communication by the owner or someone<br>with apparent authority to act for the owner, fencing or other enclosures designed to exclude<br>intruders or to contain animals, or a sign posted on the property or at the entrance to the animal<br>facility indicating that entry is forbidden.12.1-21.1-04. Penalty. A person who violates subsection 1 of section 12.1-21.1-02 isguilty of a class B felony if there is damage of ten thousand dollars or more, a class C felony if<br>there is damage of at least five hundred dollars but less than ten thousand dollars, and a class A<br>misdemeanor if there is damage of less than five hundred dollars.A person who violatessubsections 2 through 5 or 7 of section 12.1-21.1-02 is guilty of a class C felony. A person who<br>violates subsection 6 of section 12.1-21.1-02 is guilty of a class B misdemeanor.12.1-21.1-05. Civil action. A person who has been damaged by reason of violation ofthis chapter may bring an action in the district court against the person causing the damage to<br>recover an amount equal to three times all actual and consequential damages and court costs<br>and reasonable attorney fees.This chapter does not affect any other rights of a person who has been damaged byreason of violation of this chapter.Page No. 2Document Outlinechapter 12.1-21.1 animal research facility damage