40-38-1. Definition of terms. Terms used in this chapter mean: (1)”Animal,” any living vertebrate except human beings; (2)”Animal facility,” any vehicle, building, structure, research facility, premises, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale; (3)”Consent,” consent by the owner or by a person legally authorized to act […]
40-38-2. Prohibited activities–Exemption for lawful activities of governmental agencies. No person, without consent, may: (1)Intentionally damage or destroy an animal facility, an animal, or property in or on the animal facility, or obstruct any enterprise conducted at the animal facility; (2)Acquire or otherwise exercise control over an animal facility or an animal or other property […]
40-38-3. Entering or remaining in animal facility where entry forbidden or notice to depart received–“Notice” defined–Exemption for lawful activities of governmental agencies. No person may, without consent, and with the intent to obstruct the enterprise conducted at the animal facility, enter or remain on an animal facility, if the person had notice that the entry […]
40-38-4. Violation of §40-38-2 as misdemeanor or felony. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 2 misdemeanor if there is damage of four hundred dollars or less. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 1 misdemeanor if there is damage of an amount […]
40-38-5. Civil action by person damaged for three times amount of actual and consequential damages–Costs and attorney fees. Any person who has been damaged by reason of violation of this chapter may bring an action in the circuit court against the person causing the damage to recover an amount equal to three times all actual […]
