2019 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 62 - Animals
Subchapter 2 - Farm Animal and Research Facilities
§ 5-62-202. Definitions
- As used in this subchapter:
(1) “Animal” means any warm or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects;
(2) “Animal facility” means any vehicle, building, structure, or premises, where an animal or animal records are kept, handled, housed, exhibited, bred, or offered for sale;
(3) “Consent” means assent in fact, whether express or apparent;
(4) “Deprive” means to:
(A) Withhold an animal or other property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
(B) Restore an animal or other property only upon payment of reward or other compensation; or
(C) Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely;
(5) “Effective consent” means consent by a person legally authorized to act for the owner. Consent is not effective:
(A) If induced by force, threat, false pretense, or fraud;
(B) If given by a person the actor knows is not legally authorized to act for the owner;
(C) If given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the actor to be unable to make reasonable decisions; or
(D) If given solely to detect the commission of an offense;
(6) “Notice” means:
(A) Oral or written communication by the owner or a person with apparent authority to act for the owner;
(B) Fencing or other enclosure obviously designed to exclude persons or to contain animals; or
(C) A sign or signs posted on property or at the entrance to a building, reasonably likely to come to the attention of a person, indicating that entry is forbidden;
(7) “Owner” means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;
(8) “Person” means any individual, corporation, association, nonprofit corporation, joint stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity; and
(9) “Possession” means actual care, custody, control, or management.
