(a) (1) A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the purpose to:
(A) Deprive the owner of the animal facility, animal, or property; and
(B) Disrupt or damage the enterprise conducted at the animal facility.
(2) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person damages or destroys:
(A) An animal facility; or
(B) Any animal or property in or on an animal facility.
(3) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person:
(A) Enters an animal facility, not then open to the public, with the purpose to commit an act prohibited by this section;
(B) Remains concealed, with the purpose to commit an act prohibited by this section, in an animal facility; or
(C) Enters an animal facility and commits or attempts to commit an act prohibited by this section.
(4) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person:
(A) Enters or remains in an animal facility; and
(B) Had notice that the entry was forbidden or received notice to depart but failed to depart.
(b) A person who violates this section upon conviction is guilty of a Class D felony.
(c) A person convicted of violating this section shall be ordered to make restitution to the animal facility in the full amount of the reasonable cost of:
(1) Replacing materials, data, equipment, or animals, and records that may have been damaged or cannot be returned; and
(2) Repeating any experimentation that may have been interrupted or invalidated as a result of the violation.
(d) This subchapter does not affect any other right of a person that has been damaged by reason of a violation of this subchapter.
Section: Previous 5-62-202 5-62-203Last modified: November 15, 2016