(1) A person commits the crime of research and animal interference if the person:
(a) With the intent to interfere with research, releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility.
(b) With the intent to interfere with research, damages, vandalizes or steals any property in or on an animal research facility.
(c) With the intent to interfere with research, obtains access to an animal research facility to perform acts not authorized by that facility.
(d) Obtains or exerts unauthorized control over records, data, materials, equipment or animals of any animal research facility with the intent to interfere with research by concealing, abandoning or destroying such records, data, materials, equipment or animals.
(e) With the intent to interfere with research, possesses or uses equipment or animals that the person reasonably believes have been obtained by theft or deception from an animal research facility or without the authorization of an animal research facility.
(2) For the purposes of this section, “animal research facility” means any facility engaging in legal scientific research or teaching involving the use of animals.
(3) Research and animal interference is a:
(a) Class C felony if damage to the animal research facility is $2,500 or more; or
(b) Class A misdemeanor if there is no damage to the facility or if damage to the animal research facility is less than $2,500.
(4) Determination of damages to an animal research facility shall be made by the court. In making its determination, the court shall consider the reasonable costs of:
(a) Replacing lost, injured or destroyed animals;
(b) Restoring the animal research facility to the approximate condition of the facility before the damage occurred; and
(c) Replacing damaged or missing records, data, material or equipment.
(5) In addition to any other penalty imposed for violation of this section, a person convicted of such violation is liable:
(a) To the owner of the animal for damages, including the costs of restoring the animal to confinement and to its health condition prior to commission of the acts constituting the violation;
(b) For damages to real and personal property caused by acts constituting the violation; and
(c) For the costs of repeating an experiment, including the replacement of the animals, labor and materials, if acts constituting the violation cause the failure of an experiment. [1991 c.843 §2; 2001 c.147 §2; 2001 c.554 §1]
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