Bill Text: IA HF589 | 2011-2012 | 84th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to an offense involving agricultural operations, and providing penalties, and including effective date provisions. Effective 3-2-12.
Spectrum: Committee Bill
Status: (Passed) 2012-03-02 - Signed by Governor. H.J. 413. [HF589 Detail]
Download: Iowa-2011-HF589-Introduced.html
Bill Title: A bill for an act relating to an offense involving agricultural operations, and providing penalties, and including effective date provisions. Effective 3-2-12.
Spectrum: Committee Bill
Status: (Passed) 2012-03-02 - Signed by Governor. H.J. 413. [HF589 Detail]
Download: Iowa-2011-HF589-Introduced.html
House
File
589
-
Introduced
HOUSE
FILE
589
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HF
431)
(COMPANION
TO
LSB
2093SV
BY
COMMITTEE
ON
AGRICULTURE)
A
BILL
FOR
An
Act
relating
to
offenses
involving
agricultural
operations,
1
and
providing
penalties
and
remedies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2093HV
(1)
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589
Section
1.
Section
717A.1,
subsection
3,
Code
2011,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
3.
“Animal”
means
a
mammal,
bird,
fish,
reptile,
or
4
amphibian,
including
an
agricultural
animal
or
any
other
animal
5
that
is
maintained
by
an
animal
facility.
6
Sec.
2.
Section
717A.1,
subsection
4,
paragraphs
a
and
b,
7
Code
2011,
are
amended
to
read
as
follows:
8
a.
A
location
where
an
agricultural
animal
is
maintained
for
9
agricultural
production
purposes
,
including
but
not
limited
to
10
a
location
dedicated
to
farming
as
defined
in
section
9H.1
,
a
11
livestock
market,
or
exhibition
,
or
a
vehicle
used
to
transport
12
the
animal
.
13
b.
A
location
where
an
animal
is
maintained
for
educational
14
or
scientific
purposes,
including
but
not
limited
to
a
research
15
facility
as
defined
in
section
162.2
,
an
exhibition,
or
a
16
vehicle
used
to
transport
the
animal
.
17
Sec.
3.
Section
717A.1,
subsection
7,
Code
2011,
is
amended
18
to
read
as
follows:
19
7.
“Crop
operation”
means
a
commercial
enterprise
where
a
20
crop
is
maintained
on
the
property
of
the
commercial
enterprise
21
location
where
a
crop
is
maintained,
including
but
not
limited
22
to
a
crop
field,
orchard,
nursery,
greenhouse,
garden,
23
elevator,
seedhouse,
barn,
or
warehouse
.
24
Sec.
4.
Section
717A.1,
subsection
9,
paragraph
a,
25
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
26
follows:
27
For
an
animal
maintained
at
an
animal
facility
or
property
28
belonging
to
kept
at
an
animal
facility,
“deprive”
means
to
do
29
any
of
the
following:
30
Sec.
5.
Section
717A.1,
subsection
9,
paragraph
b,
31
subparagraph
(2),
Code
2011,
is
amended
to
read
as
follows:
32
(2)
Dispose
of
a
crop
maintained
on
at
the
crop
operation
or
33
property
or
belonging
to
kept
at
the
crop
operation
in
a
manner
34
that
makes
recovery
of
the
crop
or
crop
operation
property
by
35
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its
owner
unlikely.
1
Sec.
6.
Section
717A.1,
subsection
11,
paragraphs
a
and
b,
2
Code
2011,
are
amended
to
read
as
follows:
3
a.
A
person,
including
a
public
or
private
entity,
who
has
4
a
legal
interest
in
an
animal
maintained
at
the
animal
facility
5
or
other
property
belonging
to
kept
at
an
animal
facility
,
or
a
6
person
who
is
authorized
by
the
holder
of
the
legal
interest
to
7
act
on
the
holder’s
behalf
in
maintaining
the
animal
or
keeping
8
the
other
property
.
9
b.
A
person,
including
a
public
or
private
entity,
who
has
10
a
legal
interest
in
a
crop
maintained
at
the
crop
operation
or
11
crop
operation
other
property
kept
at
the
crop
operation,
or
a
12
person
who
is
authorized
by
the
holder
of
the
legal
interest
to
13
act
on
the
holder’s
behalf
in
maintaining
the
crop
or
keeping
14
the
other
property
.
15
Sec.
7.
Section
717A.1,
Code
2011,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
11A.
“Record”
means
any
printed,
inscribed,
18
visual,
or
audio
information
that
is
placed
or
stored
on
a
19
tangible
medium,
and
that
may
be
accessed
in
a
perceivable
20
form,
including
but
not
limited
to
any
paper
or
electronic
21
format.
22
Sec.
8.
Section
717A.2,
Code
2011,
is
amended
by
striking
23
the
section
and
inserting
in
lieu
thereof
the
following:
24
717A.2
Animal
facility
tampering.
25
1.
A
person
is
guilty
of
animal
facility
tampering
if
the
26
person
acts
without
the
consent
of
the
owner
of
an
animal
27
facility
to
willfully
do
any
of
the
following:
28
a.
Damage,
destroy,
or
alter
property
kept
at
the
animal
29
facility,
including
but
not
limited
to
land,
fixtures,
30
structures,
equipment,
machinery,
vehicles,
records,
or
31
computer
software
or
data.
32
b.
Kill
or
injure
an
animal
maintained
at
the
animal
33
facility,
including
by
an
act
of
violence
or
the
transmission
34
of
a
disease
including
but
not
limited
to
any
infectious
or
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contagious
disease
designated
by
the
department
of
agriculture
1
and
land
stewardship
pursuant
to
section
163.2.
2
c.
Take
by
theft
an
animal
maintained
or
other
property
kept
3
at
the
animal
facility.
4
d.
Disrupt
operations
conducted
at
the
animal
facility,
5
if
the
operations
directly
relate
to
agricultural
production,
6
animal
maintenance,
educational
or
scientific
purposes,
or
7
veterinary
care.
8
2.
A
person
who
commits
the
offense
of
animal
facility
9
tampering
is
guilty
of
the
following:
10
a.
Animal
facility
tampering
in
the
first
degree
occurs
when
11
the
result
of
the
offense
is
damages
incurred
by
the
owner
of
12
the
animal
facility
of
more
than
one
hundred
thousand
dollars.
13
A
person
convicted
of
animal
facility
tampering
in
the
first
14
degree
is
guilty
of
a
class
“C”
felony.
15
b.
Animal
facility
tampering
in
the
second
degree
occurs
16
when
the
result
of
the
offense
is
damages
incurred
by
the
owner
17
of
the
animal
facility
of
more
than
ten
thousand
dollars
but
18
not
more
than
one
hundred
thousand
dollars.
A
person
convicted
19
of
animal
facility
tampering
in
the
second
degree
is
guilty
of
20
a
class
“D”
felony.
21
c.
Animal
facility
tampering
in
the
third
degree
occurs
22
when
the
result
of
the
offense
is
damages
incurred
by
the
owner
23
of
the
animal
facility
of
more
than
one
thousand
dollars
but
24
not
more
than
ten
thousand
dollars.
A
person
convicted
of
25
animal
facility
tampering
in
the
third
degree
is
guilty
of
an
26
aggravated
misdemeanor.
27
d.
Animal
facility
tampering
in
the
fourth
degree
occurs
28
when
the
result
of
the
offense
is
the
damages
incurred
by
the
29
owner
of
the
animal
facility
of
more
than
three
hundred
dollars
30
but
not
more
than
one
thousand
dollars.
A
person
convicted
of
31
animal
facility
tampering
in
the
fourth
degree
is
guilty
of
a
32
serious
misdemeanor.
33
e.
Animal
facility
tampering
in
the
fifth
degree
occurs
when
34
the
result
of
the
offense
is
damages
incurred
by
the
owner
of
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the
animal
facility
of
three
hundred
dollars
or
less.
A
person
1
convicted
of
animal
facility
tampering
in
the
fifth
degree
is
2
guilty
of
a
simple
misdemeanor.
3
3.
A
person
who
participates
in
a
conspiracy
to
commit
4
the
offense
of
animal
facility
tampering,
and
who
acts
in
5
furtherance
of
that
commission,
is
guilty
of
the
same
offense
6
as
the
person
convicted
of
committing
the
offense
on
or
in
the
7
animal
facility.
8
4.
A
person
convicted
of
animal
facility
tampering
is
9
subject
to
an
order
of
restitution
as
provided
in
chapter
910.
10
5.
In
determining
the
value
of
damages
incurred
by
an
11
owner
of
an
animal
facility
under
this
section,
a
court
12
shall
calculate
the
actual
and
consequential
pecuniary
losses
13
resulting
from
the
commission
of
the
offense.
14
Sec.
9.
NEW
SECTION
.
717A.2A
Animal
facility
interference.
15
1.
A
person
is
guilty
of
animal
facility
interference,
if
16
the
person
acts
without
the
consent
of
the
owner
of
an
animal
17
facility
to
willfully
do
any
of
the
following:
18
a.
Produce
a
record
which
reproduces
an
image
or
sound
19
occurring
at
the
animal
facility
as
follows:
20
(1)
The
record
must
be
created
by
the
person
while
at
the
21
animal
facility.
22
(2)
The
record
must
be
a
reproduction
of
a
visual
or
audio
23
experience
occurring
at
the
animal
facility,
including
but
not
24
limited
to
a
photographic
or
audio
medium.
25
b.
Possess
or
distribute
a
record
which
produces
an
image
26
or
sound
occurring
at
the
animal
facility
which
was
produced
27
as
provided
in
paragraph
“a”
.
28
c.
Exercise
control
over
the
animal
facility
including
an
29
animal
maintained
at
the
animal
facility
or
other
property
30
kept
at
the
animal
facility,
with
intent
to
deprive
the
animal
31
facility
of
the
animal
or
property.
32
d.
Enter
onto
the
animal
facility,
or
remain
at
the
animal
33
facility,
if
the
person
has
notice
that
the
facility
is
34
not
open
to
the
public.
A
person
has
notice
that
an
animal
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facility
is
not
open
to
the
public
if
the
person
is
provided
1
notice
before
entering
onto
the
facility,
or
the
person
refuses
2
to
immediately
leave
the
facility
after
being
informed
to
3
leave.
The
notice
may
be
in
the
form
of
a
written
or
verbal
4
communication
by
the
owner,
a
fence
or
other
enclosure
designed
5
to
exclude
intruders
or
contain
animals,
or
a
sign
posted
which
6
is
reasonably
likely
to
come
to
the
attention
of
an
intruder
7
and
which
indicates
that
entry
is
forbidden.
8
2.
A
person
who
commits
the
offense
of
animal
facility
9
interference
is
guilty
of
the
following:
10
a.
For
the
first
conviction,
the
person
is
guilty
of
an
11
aggravated
misdemeanor.
12
b.
For
a
second
or
subsequent
conviction,
the
person
is
13
guilty
of
a
class
“D”
felony.
14
3.
A
person
convicted
of
animal
facility
interference
is
15
subject
to
an
order
of
restitution
as
provided
in
chapter
910.
16
Sec.
10.
NEW
SECTION
.
717A.2B
Animal
facility
fraud.
17
1.
A
person
is
guilty
of
animal
facility
fraud,
if
the
18
person
willfully
does
any
of
the
following:
19
a.
Obtains
access
to
an
animal
facility
by
false
pretenses
20
for
the
purpose
of
committing
an
act
not
authorized
by
the
21
owner
of
the
animal
facility.
22
b.
Makes
a
false
statement
or
representation
as
part
of
23
an
application
to
be
employed
at
the
animal
facility,
if
the
24
person
knows
it
to
be
false.
25
2.
A
person
who
commits
the
offense
of
animal
facility
fraud
26
is
guilty
of
the
following:
27
a.
For
the
first
conviction,
the
person
is
guilty
of
an
28
aggravated
misdemeanor.
29
b.
For
a
second
or
subsequent
conviction,
the
person
is
30
guilty
of
a
class
“D”
felony.
31
3.
A
person
convicted
of
animal
facility
fraud
is
subject
to
32
an
order
of
restitution
as
provided
in
chapter
910.
33
Sec.
11.
NEW
SECTION
.
717A.2C
Animal
facilities
——
civil
34
actions.
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1.
A
person
suffering
damages
resulting
from
the
commission
1
of
animal
facility
tampering
as
provided
in
section
717A.2
or
2
animal
facility
interference
as
provided
in
section
717A.2A
3
may
bring
an
action
in
the
district
court
against
the
person
4
causing
the
damages
to
recover
all
of
the
following:
5
a.
An
amount
equaling
three
times
all
actual
and
6
consequential
damages.
7
b.
Court
costs
and
reasonable
attorney
fees.
8
2.
In
addition
to
awarding
damages
as
provided
in
subsection
9
1,
a
court
may
grant
any
equitable
relief
that
the
court
10
determines
is
appropriate.
Nothing
in
this
chapter
shall
11
prevent
a
party
from
petitioning
a
court
for
equitable
relief.
12
Sec.
12.
NEW
SECTION
.
717A.2D
Animal
facilities
——
13
exceptions.
14
1.
Section
717A.2
or
717A.2A
does
not
prohibit
any
conduct
15
of
a
person
holding
a
legal
interest
in
an
animal
facility,
an
16
animal
maintained
at
the
animal
facility,
or
other
property
17
kept
at
the
animal
facility
which
legal
interest
is
superior
to
18
the
legal
interest
held
by
a
person
incurring
damages
resulting
19
from
the
conduct.
20
2.
Section
717A.2
or
717A.2A
does
not
apply
to
any
of
the
21
following:
22
a.
A
governmental
agency
or
officer
who
is
taking
lawful
23
action
involving
an
animal
facility,
an
animal
maintained
at
24
the
animal
facility,
or
other
property
kept
at
the
animal
25
facility.
26
b.
A
licensed
veterinarian
practicing
veterinary
medicine
as
27
provided
in
chapter
169
and
according
to
customary
standards
28
of
care.
29
Sec.
13.
Section
717A.3,
Code
2011,
is
amended
by
striking
30
the
section
and
inserting
in
lieu
thereof
the
following:
31
717A.3
Crop
operation
tampering.
32
1.
A
person
is
guilty
of
crop
operation
tampering
if
33
the
person
acts
without
the
consent
of
the
owner
of
a
crop
34
operation
to
willfully
do
any
of
the
following:
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589
a.
Damage,
destroy,
or
alter
property
kept
at
the
crop
1
operation,
including
but
not
limited
to
land,
fixtures,
2
structures,
equipment,
machinery,
vehicles,
records,
or
3
computer
software
or
data.
4
b.
Destroy
or
injure
a
crop
maintained
at
a
crop
operation,
5
including
by
an
act
of
violence
or
the
transmission
of
a
6
disease
including
but
not
limited
to
any
disease
or
pests.
7
c.
Take
by
theft
a
crop
maintained
or
other
personal
8
property
kept
at
the
crop
operation.
9
d.
Disrupt
operations
conducted
at
the
crop
operation,
if
10
the
operations
directly
relate
to
agricultural
production,
11
crop
maintenance,
educational
or
scientific
purposes,
or
12
horticultural
care.
13
2.
A
person
who
commits
the
offense
of
crop
operation
14
tampering
is
guilty
of
the
following:
15
a.
Crop
operation
tampering
in
the
first
degree
occurs
when
16
the
result
of
the
offense
is
damages
incurred
by
the
owner
of
17
more
than
one
hundred
thousand
dollars.
A
person
convicted
of
18
crop
operation
tampering
in
the
first
degree
is
guilty
of
a
19
class
“C”
felony.
20
b.
Crop
operation
tampering
in
the
second
degree
occurs
when
21
the
result
of
the
offense
is
damages
incurred
by
the
owner
of
22
the
crop
operation
of
more
than
ten
thousand
dollars
but
not
23
more
than
one
hundred
thousand
dollars.
A
person
convicted
of
24
crop
operation
tampering
in
the
second
degree
is
guilty
of
a
25
class
“D”
felony.
26
c.
Crop
operation
tampering
in
the
third
degree
occurs
when
27
the
result
of
the
offense
is
damages
incurred
by
the
owner
of
28
the
crop
operation
of
more
than
one
thousand
dollars
but
not
29
more
than
ten
thousand
dollars.
A
person
convicted
of
crop
30
operation
property
tampering
in
the
third
degree
is
guilty
of
31
an
aggravated
misdemeanor.
32
d.
Crop
operation
tampering
in
the
fourth
degree
occurs
33
when
the
result
of
the
offense
is
damages
incurred
by
the
owner
34
of
the
crop
operation
of
more
than
three
hundred
dollars
but
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not
more
than
one
thousand
dollars.
A
person
convicted
of
crop
1
operation
tampering
in
the
fourth
degree
is
guilty
of
a
serious
2
misdemeanor.
3
e.
Crop
operation
tampering
in
the
fifth
degree
occurs
when
4
the
result
of
the
offense
is
damages
incurred
by
the
owner
of
5
the
crop
operation
of
three
hundred
dollars
or
less.
A
person
6
convicted
of
crop
operation
tampering
in
the
fifth
degree
is
7
guilty
of
a
simple
misdemeanor.
8
3.
A
person
who
participates
in
a
conspiracy
to
commit
9
the
offense
of
crop
operation
tampering,
and
who
acts
in
10
furtherance
of
that
commission,
is
guilty
of
the
same
offense
11
as
the
person
convicted
of
committing
the
offense
on
or
in
the
12
crop
operation.
13
4.
A
person
convicted
of
crop
operation
tampering
is
subject
14
to
an
order
of
restitution
as
provided
in
chapter
910.
15
5.
In
determining
the
value
of
damages
incurred
under
this
16
section,
a
court
shall
calculate
the
actual
and
consequential
17
pecuniary
losses
resulting
from
the
commission
of
the
offense.
18
Sec.
14.
NEW
SECTION
.
717A.3A
Crop
operation
interference.
19
1.
A
person
is
guilty
of
crop
operation
interference,
if
20
the
person
acts
without
the
consent
of
the
owner
of
a
crop
21
operation
to
willfully
do
any
of
the
following:
22
a.
Produce
a
record
which
reproduces
an
image
or
sound
23
occurring
at
the
crop
operation
as
follows:
24
(1)
The
record
must
be
created
by
the
person
while
at
the
25
crop
operation.
26
(2)
The
record
must
be
a
reproduction
of
a
visual
or
audio
27
experience
occurring
at
the
crop
operation,
including
but
not
28
limited
to
a
photographic
or
audio
medium.
29
b.
Possess
or
distribute
a
record
which
produces
an
image
30
or
sound
occurring
at
the
crop
operation
which
was
produced
as
31
provided
in
paragraph
“a”
.
32
c.
Exercise
control
over
the
crop
operation,
including
a
33
crop
maintained
at
the
crop
operation
or
other
property
kept
at
34
the
crop
operation,
with
intent
to
deprive
the
crop
operation
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of
the
crop
or
property.
1
d.
Enter
onto
the
crop
operation,
or
remain
on
or
in
2
the
crop
operation,
if
the
person
has
notice
that
the
crop
3
operation
is
not
open
to
the
public.
A
person
has
notice
that
4
a
crop
operation
is
not
open
to
the
public
if
the
person
is
5
provided
notice
before
entering
onto
the
crop
operation,
or
the
6
person
refuses
to
immediately
leave
the
crop
operation
after
7
being
informed
to
leave.
The
notice
may
be
in
the
form
of
a
8
written
or
verbal
communication
by
the
owner,
a
fence
or
other
9
enclosure
designed
to
exclude
intruders
or
contain
crops,
or
a
10
sign
posted
which
is
reasonably
likely
to
come
to
the
attention
11
of
an
intruder
and
which
indicates
that
entry
is
forbidden.
12
2.
A
person
who
commits
the
offense
of
crop
operation
13
interference
is
guilty
of
the
following:
14
a.
For
the
first
conviction,
the
person
is
guilty
of
an
15
aggravated
misdemeanor.
16
b.
For
a
second
or
subsequent
conviction,
the
person
is
17
guilty
of
a
class
“D”
felony.
18
3.
A
person
convicted
of
crop
operation
interference
is
19
subject
to
an
order
of
restitution
as
provided
in
chapter
910.
20
Sec.
15.
NEW
SECTION
.
717A.3B
Crop
operation
fraud.
21
1.
A
person
is
guilty
of
crop
operation
fraud,
if
the
person
22
willfully
does
any
of
the
following:
23
a.
Obtains
access
to
a
crop
operation
by
false
pretenses
for
24
the
purpose
of
committing
an
act
not
authorized
by
the
owner
25
of
the
crop
operation.
26
b.
Makes
a
false
statement
or
representation
as
part
of
an
27
application
to
be
employed
at
a
crop
operation,
if
the
person
28
knows
it
to
be
false.
29
2.
A
person
who
commits
the
offense
of
crop
operation
fraud
30
is
guilty
of
the
following:
31
a.
For
the
first
conviction,
the
person
is
guilty
of
an
32
aggravated
misdemeanor.
33
b.
For
a
second
or
subsequent
conviction,
the
person
is
34
guilty
of
a
class
“D”
felony.
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3.
A
person
convicted
of
crop
operation
fraud
is
subject
to
1
an
order
of
restitution
as
provided
in
chapter
910.
2
Sec.
16.
NEW
SECTION
.
717A.3C
Crop
operations
——
civil
3
actions.
4
1.
A
person
suffering
damages
resulting
from
the
commission
5
of
crop
operation
tampering
as
provided
in
section
717A.3
or
6
crop
operation
interference
as
provided
in
section
717A.3A
7
may
bring
an
action
in
the
district
court
against
the
person
8
causing
the
damage
to
recover
all
of
the
following:
9
a.
An
amount
equaling
three
times
all
actual
and
10
consequential
damages.
11
b.
Court
costs
and
reasonable
attorney
fees.
12
2.
In
addition
to
awarding
damages
as
provided
in
subsection
13
1,
a
court
may
grant
any
equitable
relief
that
the
court
14
determines
is
appropriate.
Nothing
in
this
chapter
shall
15
prevent
a
party
from
petitioning
a
court
for
equitable
relief.
16
Sec.
17.
NEW
SECTION
.
717A.3D
Crop
operations
——
17
exceptions.
18
1.
Section
717A.3
or
717A.3A
does
not
prohibit
any
conduct
19
of
a
person
holding
a
legal
interest
in
a
crop
operation,
a
20
crop
maintained
at
the
crop
operation,
or
other
property
kept
21
at
the
crop
operation
which
legal
interest
is
superior
to
the
22
legal
interest
held
by
a
person
incurring
damages
resulting
23
from
the
conduct.
24
2.
Section
717A.3
or
717A.3A
does
not
apply
to
a
25
governmental
agency
or
officer
who
is
taking
lawful
action
26
involving
a
crop
operation,
a
crop
maintained
at
the
crop
27
operation,
or
other
property
kept
at
the
crop
operation.
28
EXPLANATION
29
GENERAL.
This
bill
amends
Code
chapter
717A,
which
30
prohibits
a
person
from
entering
on
or
damaging
property
31
associated
with
a
facility
or
operation
where
animals
or
32
crops
are
maintained.
An
animal
facility
includes
a
location
33
where
an
animal
is
produced
for
agricultural
or
educational
34
scientific
purposes,
or
a
location
operated
by
a
licensed
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veterinarian,
or
a
commercial
or
nonprofit
pet
establishment.
1
A
crop
operation
includes
a
crop
field,
orchard,
or
other
2
location
where
a
crop
is
grown,
harvested,
or
stored.
The
bill
3
strikes
and
rewrites
provisions
specifying
the
offenses.
4
TAMPERING.
The
bill
prohibits
a
person
from
tampering
with
5
property
associated
with
an
animal
facility
or
crop
operation,
6
including
damaging
property,
killing
or
injuring
an
animal
or
7
crop,
committing
theft,
or
disrupting
operations.
The
various
8
degrees
of
the
offense
based
on
loss
incurred
by
the
owner
of
9
the
property,
and
ranging
from
a
class
“C”
felony
for
a
loss
of
10
more
than
$100,000
to
a
simple
misdemeanor
for
a
loss
of
$300
11
or
less.
A
person
is
guilty
of
the
same
offense
for
conspiracy
12
in
furtherance
of
the
act.
A
person
convicted
of
tampering
is
13
subject
to
an
order
of
restitution
(Code
chapter
910).
14
INTERFERENCE.
The
bill
prohibits
a
person
from
interfering
15
with
an
animal
facility
or
crop
operation.
This
includes
16
producing
an
audio
or
visual
record
which
reproduces
an
image
17
or
sound
occurring
on
or
in
the
location,
or
possessing
or
18
distributing
the
record.
It
also
prohibits
a
person
from
19
exercising
control
over
the
location
or
property,
with
intent
20
to
deprive
the
owner
of
the
property,
or
entering
onto
the
21
location,
if
the
person
has
notice
that
the
location
is
not
22
open
to
the
public.
The
severity
of
the
offense
is
based
on
23
whether
there
has
been
a
previous
conviction.
For
the
first
24
conviction,
the
person
is
guilty
of
an
aggravated
misdemeanor,
25
and
for
a
second
or
subsequent
conviction,
the
person
is
guilty
26
of
a
class
“D”
felony.
27
FRAUD.
The
bill
prohibits
a
person
from
committing
fraud,
28
by
obtaining
access
to
an
animal
facility
or
crop
operation
29
by
false
pretenses
for
the
purpose
of
committing
an
act
not
30
authorized
by
the
owner,
or
making
a
false
statement
as
part
of
31
an
application
to
be
employed
at
the
location.
The
severity
32
of
the
offense
is
based
on
whether
there
has
been
a
previous
33
conviction.
For
the
first
conviction,
the
person
is
guilty
34
of
an
aggravated
misdemeanor,
and
for
a
second
or
subsequent
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conviction,
the
person
is
guilty
of
a
class
“D”
felony.
A
1
person
convicted
of
tampering
is
subject
to
an
order
of
2
restitution
(Code
chapter
910).
3
CONVICTION
FOR
OFFENSES
——
PENALTIES.
A
class
“C”
felony
4
is
punishable
by
confinement
for
no
more
than
10
years
and
a
5
fine
of
at
least
$1,000
but
not
more
than
$10,000.
A
class
6
“D”
felony
is
punishable
by
confinement
for
no
more
than
five
7
years
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
An
8
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
9
than
two
years
and
a
fine
of
at
least
$625
but
not
more
than
10
$6,250.
A
serious
misdemeanor
is
punishable
by
confinement
for
11
no
more
than
one
year
and
a
fine
of
at
least
$315
but
not
more
12
than
$1,875.
A
simple
misdemeanor
is
punishable
by
confinement
13
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
14
than
$625
or
by
both.
15
CIVIL
PENALTIES.
In
addition
to
the
criminal
penalties,
16
a
person
suffering
damages
resulting
from
the
commission
of
17
tampering
or
interference
may
bring
an
action
in
the
district
18
court
against
the
person
causing
the
damages
to
recover
an
19
amount
equaling
three
times
all
actual
and
consequential
20
damages,
and
court
costs
and
reasonable
attorney
fees.
In
21
addition,
a
court
may
grant
a
petitioner
equitable
relief.
22
EXCEPTIONS.
The
provisions
in
the
bill
do
not
prohibit
23
any
conduct
of
a
person
holding
a
legal
interest
in
an
animal
24
facility,
crop
operation,
animal,
crop,
or
property
which
legal
25
interest
is
superior
to
the
legal
interest
held
by
a
person
26
incurring
damages
resulting
from
the
conduct;
an
action
by
a
27
governmental
agency
or
officer;
or
an
action
by
a
licensed
28
veterinarian.
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