§ 16-120-803. Immunity for owners of stolen agricultural equipment or off-road vehicles — Definition

(a)

1. (1) As used in this section, “agricultural equipment or off-road vehicle” means a self-propelled motorized vehicle that is not designed to operate on a roadway but may be used for an agricultural or recreational purpose.

2. (2) “Agricultural equipment or off-road vehicle” includes:

   1. (A) An all-terrain vehicle as defined in § 27-21-102;

   2. (B) A vehicle designed to be used for agricultural purposes, such as a tractor; and

   3. (C) A riding lawnmower.

3. (3) “Agricultural equipment or off-road vehicle” does not include:

   1. (A) A motor vehicle designed and used for a medical purpose;

   2. (B) A motor vehicle designed to be used by an individual with a physical disability to assist in walking;

   3. (C) A motorized scooter or other vehicle designed to be used as a toy by a child;

   4. (D) A bicycle equipped with a small motor designed and used to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.);

   5. (E) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or

   6. (F) A device moved by human power or used exclusively upon stationary rails or tracks.

(b) An owner of agricultural equipment or an off-road vehicle that is stolen or unlawfully appropriated by another person who commits a criminal offense using the agricultural equipment or off-road vehicle is not liable in a civil action for damages, injuries, or death resulting from or arising out of the use of the agricultural equipment or off-road vehicle in the commission of the criminal offense.