(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) Enters 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) Interference with agricultural research is a Class C felony.
(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 violation of this section, a person convicted of interference with agricultural research is liable for:
(a) Damages to real and personal property caused by acts constituting the violation; and
(b) 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. [2001 c.147 §1]
Note: 164.889 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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