There is a newer version of the North Dakota Century Code
2009 North Dakota Code
12.1 Criminal Code
12.1-21.1 Animal Research Facility Damage
Download pdfagriculture, research, testing, or education. The term does not include a human
being, plant, or bacteria. 2. "Animal facility" means any vehicle, building, structure, research facility, premises, or
defined area where an animal is kept, handled, housed, exhibited, bred, or offered
for sale. 3. "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 the animal or property only upon payment of a 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. 4. "Effective consent" includes consent by a person legally authorized to act for the
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
owner; or c. Given by a person who by reason of age, mental disease or defect, or influence
of drugs or alcohol is known by the offender to be unable to make a reasonable
decision. 5. "Owner" means a person who has title to the property, possession of the property, or
a greater right to possession of the property than the actor. 6. "Possession" means actual care, custody, control, or management. 7. "Research facility" means any place at which any scientific test, experiment, or
investigation involving the use of any living animal is carried out, conducted, or
attempted. 12.1-21.1-02. Animal facility - Damage or destruction. No person without the effective consent of the owner may: 1. Intentionally damage or destroy an animal facility, an animal or property in or on the
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
property from an animal facility with the intent to deprive the owner and to damage
the enterprise conducted at the facility. 3. Enter an animal facility, not then open to the public, with intent to commit an act
prohibited by this section. Page No. 1 4. Enter an animal facility and remain concealed with intent to commit an act prohibited
by this section. 5. Enter an animal facility and commit or attempt to commit an act prohibited by this
section. 6. Enter an animal facility and use or attempt to use a camera, video recorder, or any
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
under law. 12.1-21.1-03. Entry forbidden - Notice. No person may without the effective consent of the owner, and with the intent to damage the enterprise conducted at the animal facility, enter or
remain on an animal facility, if the person had notice that the entry was forbidden or received
notice to depart but failed to do so. Notice includes communication by the owner or someone
with apparent authority to act for the owner, fencing or other enclosures designed to exclude
intruders or to contain animals, or a sign posted on the property or at the entrance to the animal
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 is guilty of a class B felony if there is damage of ten thousand dollars or more, a class C felony if
there is damage of at least five hundred dollars but less than ten thousand dollars, and a class A
misdemeanor if there is damage of less than five hundred dollars. A person who violates subsections 2 through 5 or 7 of section 12.1-21.1-02 is guilty of a class C felony. A person who
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 of this chapter may bring an action in the district court against the person causing the damage to
recover an amount equal to three times all actual and consequential damages and court costs
and reasonable attorney fees. This chapter does not affect any other rights of a person who has been damaged by reason of violation of this chapter. Page No. 2 Document Outline chapter 12.1-21.1 animal research facility damage
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