Bill Text: MN HF1369 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Agricultural offense penalties and remedies imposed.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2012-01-24 - Author added Doepke [HF1369 Detail]
Download: Minnesota-2011-HF1369-Introduced.html
1.2relating to agriculture; imposing penalties and remedies for certain offenses;
1.3proposing coding for new law in Minnesota Statutes, chapter 17.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [17.99] DEFINITIONS.
1.6 Subdivision 1. Scope. The definitions in this section apply to sections 17.99 to
1.717.998.
1.8 Subd. 2. Agricultural animal. "Agricultural animal" means:
1.9(1) an animal that is maintained for its parts or products having commercial value,
1.10including but not limited to its muscle tissue, organs, fat, blood, manure, bones, milk,
1.11wool, hide, pelt, feathers, eggs, semen, embryos, or honey; or
1.12(2) an animal belonging to the equine species, including horse, pony, mule, jenny,
1.13donkey, or hinny.
1.14 Subd. 3. Agricultural production. "Agricultural production" means an activity
1.15related to maintaining an agricultural animal at an animal facility or a crop on crop
1.16operation property.
1.17 Subd. 4. Animal. "Animal" means a mammal, bird, fish, reptile, or amphibian,
1.18including an agricultural animal or any other animal that is maintained by an animal
1.19facility.
1.20 Subd. 5. Animal facility. "Animal facility" means:
1.21(1) a location where an agricultural animal is maintained, including but not limited
1.22to a location dedicated to farming, a livestock market, or exhibition;
1.23(2) a location where an animal is maintained for educational or scientific purposes,
1.24including, but not limited to, a research facility;
2.1(3) a location operated by a person licensed to practice veterinary medicine in
2.2Minnesota;
2.3(4) a pound;
2.4(5) an animal shelter;
2.5(6) a pet shop;
2.6(7) a boarding kennel; or
2.7(8) a commercial kennel.
2.8 Subd. 6. Consent. "Consent" means express or apparent assent by a person
2.9authorized to provide assent.
2.10 Subd. 7. Crop. "Crop" means a plant maintained for its parts or products having
2.11commercial value, including but not limited to stalks, trunks and branches, cuttings,
2.12grafts, scions, leaves, buds, fruit, vegetables, roots, bulbs, or seeds, if the plant is any of
2.13the following:
2.14(1) a plant produced from an agricultural seed or vegetable seed; or
2.15(2) a plant that is a tree, shrub, vine, berry plant, greenhouse plant, or flower.
2.16A plant produced from a noxious weed seed is not a crop unless the plant is produced
2.17as a research crop.
2.18 Subd. 8. Crop operation. "Crop operation" means a location where a crop is
2.19maintained, including but not limited to a crop field, orchard, nursery, greenhouse, garden,
2.20elevator, seedhouse, barn, or warehouse.
2.21 Subd. 9. Crop operation property. "Crop operation property" means:
2.22(1) real property that is a crop field, orchard, nursery, greenhouse, garden, elevator,
2.23seedhouse, barn, warehouse, or any other associated land or structures located on the land,
2.24and personal property located on the land including machinery or equipment, that is
2.25part of a crop operation; or
2.26(2) a vehicle used to transport a crop that was maintained on the crop operation
2.27property.
2.28 Subd. 10. Deprive. "Deprive" means to do any of the following:
2.29(1) for an animal maintained at an animal facility or for property kept at an animal
2.30facility, to:
2.31(i) withhold the animal or property for a period of time sufficient to significantly
2.32reduce the value or enjoyment of the animal or property;
2.33(ii) withhold the animal or property for ransom or upon condition to restore the
2.34animal or property in return for compensation; or
2.35(iii) dispose of the animal or property in a manner that makes recovery of the animal
2.36or property by its owner unlikely; or
3.1(2) for crops maintained on crop operation property or for crop operation property, to:
3.2(i) occupy any part of a crop operation property for a period of time sufficient to
3.3prevent access to the crop or crop operation property; or
3.4(ii) dispose of a crop maintained at the crop operation or property kept at the crop
3.5operation in a manner that makes recovery of the crop or property by its owner unlikely.
3.6 Subd. 11. Maintain. "Maintain" means:
3.7(1) keep and provide for the care and feeding of any animal, including any activity
3.8relating to confining, handling, breeding, transporting, or exhibiting the animal; or
3.9(2) keep and preserve any crop by planting, nurturing, harvesting, and storing the
3.10crop or storing, planting, or nurturing the crop's seed.
3.11 Subd. 12. Owner. "Owner" means:
3.12(1) a person, including a public or private entity, who has a legal interest in an
3.13animal maintained at the animal facility or other property kept at an animal facility, or a
3.14person who is authorized by the holder of the legal interest to act on the holder's behalf in
3.15maintaining the animal or keeping the other property; or
3.16(2) a person, including a public or private entity, who has a legal interest in a
3.17crop maintained at the crop operation or other property kept at the crop operation, or a
3.18person who is authorized by the holder of the legal interest to act on the holder's behalf in
3.19maintaining the crop or keeping the other property.
3.20 Subd. 13. Record. "Record" means any printed, inscribed, visual, or audio
3.21information that is placed or stored on a tangible medium, and that may be accessed in a
3.22perceivable form, including but not limited to any paper or electronic format.
3.23 Subd. 14. Research crop. "Research crop" means a crop, including the crop's seed,
3.24that is maintained for purposes of scientific research regarding the study or alteration of the
3.25genetic characteristics of a plant or associated seed, including its deoxyribonucleic acid,
3.26which is accomplished by breeding or by using biotechnological systems or techniques.
3.27 Sec. 2. [17.991] ANIMAL FACILITY TAMPERING.
3.28 Subdivision 1. Prohibited acts. A person who acts without the consent of the
3.29owner of an animal facility to willfully do any of the following is guilty of animal facility
3.30tampering:
3.31(1) damage, destroy, or alter property kept at the animal facility, including but not
3.32limited to land, fixtures, structures, equipment, machinery, vehicles, records, or computer
3.33software or data;
3.34(2) kill or injure an animal maintained at the animal facility, including an act of
3.35violence or the transmission of a contagious disease;
4.1(3) take by theft an animal maintained or other property kept at the animal facility; or
4.2(4) disrupt operations conducted at the animal facility, if the operations directly
4.3relate to agricultural production, animal maintenance, educational or scientific purposes,
4.4or veterinary care.
4.5 Subd. 2. Penalty. (a) Animal facility tampering in the first degree occurs if the
4.6result of the offense is damages incurred by the owner of the animal facility of more than
4.7$100,000. Animal facility tampering in the first degree is a felony punishable by ......
4.8(b) Animal facility tampering in the second degree occurs if the result of the
4.9offense is damages incurred by the owner of the animal facility of more than $10,000
4.10but not more than $100,000. Animal facility tampering in the second degree is a felony
4.11punishable by ......
4.12(c) Animal facility tampering in the third degree occurs if the result of the offense is
4.13damages incurred by the owner of the animal facility of more than $1,000 but not more
4.14than $10,000. Animal facility tampering in the third degree is a gross misdemeanor.
4.15(d) Animal facility tampering in the fourth degree occurs if the result of the offense
4.16is damages incurred by the owner of the animal facility of not more than $1,000. Animal
4.17facility tampering in the fourth degree is a misdemeanor.
4.18 Subd. 3. Participant in conspiracy. A person who participates in a conspiracy to
4.19commit the offense of animal facility tampering, and who acts in furtherance of that
4.20commission, is guilty of the same offense as the person convicted of committing the
4.21offense on or in the animal facility.
4.22 Subd. 4. Restitution. A person convicted of animal facility tampering is subject
4.23to an order of restitution.
4.24 Subd. 5. Value. In determining the value of damages incurred by an owner of an
4.25animal facility under this section, a court shall calculate the actual and consequential
4.26pecuniary losses resulting from the commission of the offense.
4.27 Sec. 3. [17.992] ANIMAL FACILITY INTERFERENCE.
4.28 Subdivision 1. Prohibited acts. A person who acts without the consent of the
4.29owner of an animal facility to willfully do any of the following is guilty of animal facility
4.30interference:
4.31(1) produce a record which reproduces an image or sound occurring at the animal
4.32facility if:
4.33(i) the record is created by the person while at the animal facility; and
4.34(ii) the record is a reproduction of a visual or audio experience occurring at the
4.35animal facility, including but not limited to a photographic or audio medium;
5.1(2) possess or distribute a record which produces an image or sound occurring at the
5.2animal facility which was produced as provided in clause (1);
5.3(3) exercise control over the animal facility including an animal maintained at the
5.4animal facility or other property kept at the animal facility, with intent to deprive the
5.5animal facility of the animal or property; and
5.6(4) enter onto the animal facility, or remain at the animal facility, if the person has
5.7notice that the facility is not open to the public. A person has notice that an animal facility
5.8is not open to the public if the person is provided notice before entering onto the facility,
5.9or the person refuses to immediately leave the facility after being instructed to leave. The
5.10notice may be in the form of a written or verbal communication by the owner, a fence
5.11or other enclosure designed to exclude intruders or contain animals, or a sign posted
5.12that is reasonably likely to come to the attention of an intruder and which indicates that
5.13entry is forbidden.
5.14 Subd. 2. Penalty. A person who commits animal facility interference is guilty
5.15of a gross misdemeanor.
5.16For a second or subsequent conviction of animal facility interference, the person is
5.17guilty of a felony.
5.18 Subd. 3. Restitution. A person convicted of animal facility interference is subject
5.19to an order of restitution.
5.20 Sec. 4. [17.993] ANIMAL FACILITY FRAUD.
5.21 Subdivision 1. Prohibition. A person who willfully does any of the following
5.22is guilty of animal facility fraud:
5.23(1) obtains access to an animal facility by false pretenses for the purpose of
5.24committing an act not authorized by the owner of the animal facility; or
5.25(2) makes a false statement or representation as part of an application to be employed
5.26at the animal facility, if the person knows it to be false.
5.27 Subd. 2. Penalty. (a) A person who commits animal facility fraud is guilty of a
5.28gross misdemeanor.
5.29(b) For a second or subsequent conviction of animal facility fraud, the person is
5.30guilty of a felony.
5.31 Subd. 3. Restitution. A person convicted of animal facility fraud is subject to an
5.32order of restitution.
5.33 Sec. 5. [17.994] CROP OPERATION TAMPERING.
6.1 Subdivision 1. Prohibition. A person who acts without the consent of the owner of
6.2a crop operation to willfully do any of the following is guilty of crop operation tampering:
6.3(1) damage, destroy, or alter property kept at the crop operation, including, but not
6.4limited to, land, fixtures, structures, equipment, machinery, vehicles, records, or computer
6.5software or data.
6.6(2) destroy or injure a crop maintained at a crop operation, including by an act of
6.7violence or the transmission of a disease, including, but not limited to, any disease or pests;
6.8(3) take by theft a crop maintained or other personal property kept at the crop
6.9operation; or
6.10(4) disrupt operations conducted at the crop operation, if the operations directly
6.11relate to agricultural production, crop maintenance, educational or scientific purposes, or
6.12horticultural care.
6.13 Subd. 2. Penalty. (a) Crop operation tampering in the first degree occurs when the
6.14result of the offense is damages incurred by the owner of more than $100,000. Crop
6.15operation tampering in the first degree is a felony punishable by ...... .
6.16(b) Crop operation tampering in the second degree occurs when the result of the
6.17offense is damages incurred by the owner of the crop operation of more than $10,000
6.18but not more than $100,000. Crop operation tampering in the second degree is a felony
6.19punishable by ...... .
6.20(c) Crop operation tampering in the third degree occurs when the result of the
6.21offense is damages incurred by the owner of the crop operation of more than $1,000
6.22but not more than $10,000. Crop operation property tampering in the third degree is a
6.23gross misdemeanor.
6.24(d) Crop operation tampering in the fourth degree occurs when the result of the
6.25offense is damages incurred by the owner of the crop operation of not more than $1,000.
6.26Crop operation tampering in the fourth degree is a misdemeanor.
6.27 Subd. 3. Conspiracy. A person who participates in a conspiracy to commit the
6.28offense of crop operation tampering, and who acts in furtherance of that commission, is
6.29guilty of the same offense as the person convicted of committing the offense on or in
6.30the crop operation.
6.31 Subd. 4. Restitution. A person convicted of crop operation tampering is subject
6.32to an order of restitution.
6.33 Subd. 5. Value of damages. In determining the value of damages incurred under
6.34this section, a court shall calculate the actual and consequential pecuniary losses resulting
6.35from the commission of the offense.
7.1 Sec. 6. [17.995] CROP OPERATION INTERFERENCE.
7.2 Subdivision 1. Prohibition. A person who acts without the consent of the owner of a
7.3crop operation to willfully do any of the following is guilty of crop operation interference:
7.4(1) produce a record which reproduces an image or sound occurring at the crop
7.5operation if the record is created by the person while at the crop operation, and the record
7.6is a reproduction of a visual or audio experience occurring at the crop operation, including,
7.7but not limited to, a photographic or audio medium;
7.8(2) possess or distribute a record which produces an image or sound occurring at the
7.9crop operation which was produced as provided in clause (1);
7.10(3) exercise control over the crop operation, including a crop maintained at the
7.11crop operation or other property kept at the crop operation, with intent to deprive the
7.12crop operation of the crop or property; or
7.13(4) enter onto the crop operation, or remain on or in the crop operation, if the person
7.14has notice that the crop operation is not open to the public. A person has notice that a crop
7.15operation is not open to the public if the person is provided notice before entering onto the
7.16crop operation, or the person refuses to immediately leave the crop operation after being
7.17instructed to leave. The notice may be in the form of a written or verbal communication
7.18by the owner, a fence or other enclosure designed to exclude intruders or contain crops, or
7.19a sign posted which is reasonably likely to come to the attention of an intruder and which
7.20indicates that entry is forbidden.
7.21 Subd. 2. Penalty. (a) A person who commits crop operation interference is guilty
7.22of a gross misdemeanor.
7.23(b) For a second or subsequent conviction of crop operation interference, the person
7.24is guilty of a felony.
7.25 Subd. 3. Restitution. A person convicted of crop operation interference is subject
7.26to an order of restitution.
7.27 Sec. 7. [17.996] CROP OPERATION FRAUD.
7.28 Subdivision 1. Prohibition. A person who willfully does any of the following
7.29is guilty of crop operation fraud:
7.30(1) obtains access to a crop operation by false pretenses for the purpose of
7.31committing an act not authorized by the owner of the crop operation; or
7.32(2) makes a false statement or representation as part of an application to be employed
7.33at a crop operation, if the person knows it to be false.
7.34 Subd. 2. Penalty. (a) A person who commits crop operation fraud is guilty of a
7.35gross misdemeanor.
8.1(b) For a second or subsequent conviction of crop operation fraud, the person is
8.2guilty of a felony.
8.3 Subd. 3. Restitution. A person convicted of crop operation fraud is subject to an
8.4order of restitution.
8.5 Sec. 8. [17.997] CIVIL ACTIONS.
8.6 Subdivision 1. Civil recovery. A person suffering damages resulting from a
8.7violation of section 17.991, 17.992, 17.994, or 17.995 may bring an action in the district
8.8court against the person causing the damage to recover all of the following:
8.9(1) an amount equaling three times all actual and consequential damages; and
8.10(2) court costs and reasonable attorney fees.
8.11 Subd. 2. Equitable relief. In addition to awarding damages as provided in
8.12subdivision 1, a court may grant any equitable relief that the court determines is
8.13appropriate. Nothing in this chapter shall prevent a party from petitioning a court for
8.14equitable relief.
8.15 Sec. 9. [17.998] ANIMAL FACILITIES; CROP OPERATIONS; EXCEPTIONS.
8.16(a) Sections 17.991 and 17.992 do not prohibit any conduct of a person holding a
8.17legal interest in an animal facility, an animal maintained at the animal facility, or other
8.18property kept at the animal facility which legal interest is superior to the legal interest held
8.19by a person incurring damages resulting from the conduct.
8.20(b) Sections 17.991 and 17.992 do not apply to any of the following:
8.21(1) a governmental agency or officer who is taking lawful action involving an
8.22animal facility, an animal maintained at the animal facility, or other property kept at the
8.23animal facility; or
8.24(2) a licensed veterinarian practicing veterinary medicine according to customary
8.25standards of care.
8.26(c) Sections 17.994 and 17.995 do not prohibit any conduct of a person holding a
8.27legal interest in a crop operation, a crop maintained at the crop operation, or other property
8.28kept at the crop operation which legal interest is superior to the legal interest held by a
8.29person incurring damages resulting from the conduct.
8.30(d) Sections 17.994 and 17.995 do not apply to a governmental agency or officer
8.31who is taking lawful action involving a crop operation, a crop maintained at the crop
8.32operation, or other property kept at the crop operation.
1.3proposing coding for new law in Minnesota Statutes, chapter 17.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [17.99] DEFINITIONS.
1.6 Subdivision 1. Scope. The definitions in this section apply to sections 17.99 to
1.717.998.
1.8 Subd. 2. Agricultural animal. "Agricultural animal" means:
1.9(1) an animal that is maintained for its parts or products having commercial value,
1.10including but not limited to its muscle tissue, organs, fat, blood, manure, bones, milk,
1.11wool, hide, pelt, feathers, eggs, semen, embryos, or honey; or
1.12(2) an animal belonging to the equine species, including horse, pony, mule, jenny,
1.13donkey, or hinny.
1.14 Subd. 3. Agricultural production. "Agricultural production" means an activity
1.15related to maintaining an agricultural animal at an animal facility or a crop on crop
1.16operation property.
1.17 Subd. 4. Animal. "Animal" means a mammal, bird, fish, reptile, or amphibian,
1.18including an agricultural animal or any other animal that is maintained by an animal
1.19facility.
1.20 Subd. 5. Animal facility. "Animal facility" means:
1.21(1) a location where an agricultural animal is maintained, including but not limited
1.22to a location dedicated to farming, a livestock market, or exhibition;
1.23(2) a location where an animal is maintained for educational or scientific purposes,
1.24including, but not limited to, a research facility;
2.1(3) a location operated by a person licensed to practice veterinary medicine in
2.2Minnesota;
2.3(4) a pound;
2.4(5) an animal shelter;
2.5(6) a pet shop;
2.6(7) a boarding kennel; or
2.7(8) a commercial kennel.
2.8 Subd. 6. Consent. "Consent" means express or apparent assent by a person
2.9authorized to provide assent.
2.10 Subd. 7. Crop. "Crop" means a plant maintained for its parts or products having
2.11commercial value, including but not limited to stalks, trunks and branches, cuttings,
2.12grafts, scions, leaves, buds, fruit, vegetables, roots, bulbs, or seeds, if the plant is any of
2.13the following:
2.14(1) a plant produced from an agricultural seed or vegetable seed; or
2.15(2) a plant that is a tree, shrub, vine, berry plant, greenhouse plant, or flower.
2.16A plant produced from a noxious weed seed is not a crop unless the plant is produced
2.17as a research crop.
2.18 Subd. 8. Crop operation. "Crop operation" means a location where a crop is
2.19maintained, including but not limited to a crop field, orchard, nursery, greenhouse, garden,
2.20elevator, seedhouse, barn, or warehouse.
2.21 Subd. 9. Crop operation property. "Crop operation property" means:
2.22(1) real property that is a crop field, orchard, nursery, greenhouse, garden, elevator,
2.23seedhouse, barn, warehouse, or any other associated land or structures located on the land,
2.24and personal property located on the land including machinery or equipment, that is
2.25part of a crop operation; or
2.26(2) a vehicle used to transport a crop that was maintained on the crop operation
2.27property.
2.28 Subd. 10. Deprive. "Deprive" means to do any of the following:
2.29(1) for an animal maintained at an animal facility or for property kept at an animal
2.30facility, to:
2.31(i) withhold the animal or property for a period of time sufficient to significantly
2.32reduce the value or enjoyment of the animal or property;
2.33(ii) withhold the animal or property for ransom or upon condition to restore the
2.34animal or property in return for compensation; or
2.35(iii) dispose of the animal or property in a manner that makes recovery of the animal
2.36or property by its owner unlikely; or
3.1(2) for crops maintained on crop operation property or for crop operation property, to:
3.2(i) occupy any part of a crop operation property for a period of time sufficient to
3.3prevent access to the crop or crop operation property; or
3.4(ii) dispose of a crop maintained at the crop operation or property kept at the crop
3.5operation in a manner that makes recovery of the crop or property by its owner unlikely.
3.6 Subd. 11. Maintain. "Maintain" means:
3.7(1) keep and provide for the care and feeding of any animal, including any activity
3.8relating to confining, handling, breeding, transporting, or exhibiting the animal; or
3.9(2) keep and preserve any crop by planting, nurturing, harvesting, and storing the
3.10crop or storing, planting, or nurturing the crop's seed.
3.11 Subd. 12. Owner. "Owner" means:
3.12(1) a person, including a public or private entity, who has a legal interest in an
3.13animal maintained at the animal facility or other property kept at an animal facility, or a
3.14person who is authorized by the holder of the legal interest to act on the holder's behalf in
3.15maintaining the animal or keeping the other property; or
3.16(2) a person, including a public or private entity, who has a legal interest in a
3.17crop maintained at the crop operation or other property kept at the crop operation, or a
3.18person who is authorized by the holder of the legal interest to act on the holder's behalf in
3.19maintaining the crop or keeping the other property.
3.20 Subd. 13. Record. "Record" means any printed, inscribed, visual, or audio
3.21information that is placed or stored on a tangible medium, and that may be accessed in a
3.22perceivable form, including but not limited to any paper or electronic format.
3.23 Subd. 14. Research crop. "Research crop" means a crop, including the crop's seed,
3.24that is maintained for purposes of scientific research regarding the study or alteration of the
3.25genetic characteristics of a plant or associated seed, including its deoxyribonucleic acid,
3.26which is accomplished by breeding or by using biotechnological systems or techniques.
3.27 Sec. 2. [17.991] ANIMAL FACILITY TAMPERING.
3.28 Subdivision 1. Prohibited acts. A person who acts without the consent of the
3.29owner of an animal facility to willfully do any of the following is guilty of animal facility
3.30tampering:
3.31(1) damage, destroy, or alter property kept at the animal facility, including but not
3.32limited to land, fixtures, structures, equipment, machinery, vehicles, records, or computer
3.33software or data;
3.34(2) kill or injure an animal maintained at the animal facility, including an act of
3.35violence or the transmission of a contagious disease;
4.1(3) take by theft an animal maintained or other property kept at the animal facility; or
4.2(4) disrupt operations conducted at the animal facility, if the operations directly
4.3relate to agricultural production, animal maintenance, educational or scientific purposes,
4.4or veterinary care.
4.5 Subd. 2. Penalty. (a) Animal facility tampering in the first degree occurs if the
4.6result of the offense is damages incurred by the owner of the animal facility of more than
4.7$100,000. Animal facility tampering in the first degree is a felony punishable by ......
4.8(b) Animal facility tampering in the second degree occurs if the result of the
4.9offense is damages incurred by the owner of the animal facility of more than $10,000
4.10but not more than $100,000. Animal facility tampering in the second degree is a felony
4.11punishable by ......
4.12(c) Animal facility tampering in the third degree occurs if the result of the offense is
4.13damages incurred by the owner of the animal facility of more than $1,000 but not more
4.14than $10,000. Animal facility tampering in the third degree is a gross misdemeanor.
4.15(d) Animal facility tampering in the fourth degree occurs if the result of the offense
4.16is damages incurred by the owner of the animal facility of not more than $1,000. Animal
4.17facility tampering in the fourth degree is a misdemeanor.
4.18 Subd. 3. Participant in conspiracy. A person who participates in a conspiracy to
4.19commit the offense of animal facility tampering, and who acts in furtherance of that
4.20commission, is guilty of the same offense as the person convicted of committing the
4.21offense on or in the animal facility.
4.22 Subd. 4. Restitution. A person convicted of animal facility tampering is subject
4.23to an order of restitution.
4.24 Subd. 5. Value. In determining the value of damages incurred by an owner of an
4.25animal facility under this section, a court shall calculate the actual and consequential
4.26pecuniary losses resulting from the commission of the offense.
4.27 Sec. 3. [17.992] ANIMAL FACILITY INTERFERENCE.
4.28 Subdivision 1. Prohibited acts. A person who acts without the consent of the
4.29owner of an animal facility to willfully do any of the following is guilty of animal facility
4.30interference:
4.31(1) produce a record which reproduces an image or sound occurring at the animal
4.32facility if:
4.33(i) the record is created by the person while at the animal facility; and
4.34(ii) the record is a reproduction of a visual or audio experience occurring at the
4.35animal facility, including but not limited to a photographic or audio medium;
5.1(2) possess or distribute a record which produces an image or sound occurring at the
5.2animal facility which was produced as provided in clause (1);
5.3(3) exercise control over the animal facility including an animal maintained at the
5.4animal facility or other property kept at the animal facility, with intent to deprive the
5.5animal facility of the animal or property; and
5.6(4) enter onto the animal facility, or remain at the animal facility, if the person has
5.7notice that the facility is not open to the public. A person has notice that an animal facility
5.8is not open to the public if the person is provided notice before entering onto the facility,
5.9or the person refuses to immediately leave the facility after being instructed to leave. The
5.10notice may be in the form of a written or verbal communication by the owner, a fence
5.11or other enclosure designed to exclude intruders or contain animals, or a sign posted
5.12that is reasonably likely to come to the attention of an intruder and which indicates that
5.13entry is forbidden.
5.14 Subd. 2. Penalty. A person who commits animal facility interference is guilty
5.15of a gross misdemeanor.
5.16For a second or subsequent conviction of animal facility interference, the person is
5.17guilty of a felony.
5.18 Subd. 3. Restitution. A person convicted of animal facility interference is subject
5.19to an order of restitution.
5.20 Sec. 4. [17.993] ANIMAL FACILITY FRAUD.
5.21 Subdivision 1. Prohibition. A person who willfully does any of the following
5.22is guilty of animal facility fraud:
5.23(1) obtains access to an animal facility by false pretenses for the purpose of
5.24committing an act not authorized by the owner of the animal facility; or
5.25(2) makes a false statement or representation as part of an application to be employed
5.26at the animal facility, if the person knows it to be false.
5.27 Subd. 2. Penalty. (a) A person who commits animal facility fraud is guilty of a
5.28gross misdemeanor.
5.29(b) For a second or subsequent conviction of animal facility fraud, the person is
5.30guilty of a felony.
5.31 Subd. 3. Restitution. A person convicted of animal facility fraud is subject to an
5.32order of restitution.
5.33 Sec. 5. [17.994] CROP OPERATION TAMPERING.
6.1 Subdivision 1. Prohibition. A person who acts without the consent of the owner of
6.2a crop operation to willfully do any of the following is guilty of crop operation tampering:
6.3(1) damage, destroy, or alter property kept at the crop operation, including, but not
6.4limited to, land, fixtures, structures, equipment, machinery, vehicles, records, or computer
6.5software or data.
6.6(2) destroy or injure a crop maintained at a crop operation, including by an act of
6.7violence or the transmission of a disease, including, but not limited to, any disease or pests;
6.8(3) take by theft a crop maintained or other personal property kept at the crop
6.9operation; or
6.10(4) disrupt operations conducted at the crop operation, if the operations directly
6.11relate to agricultural production, crop maintenance, educational or scientific purposes, or
6.12horticultural care.
6.13 Subd. 2. Penalty. (a) Crop operation tampering in the first degree occurs when the
6.14result of the offense is damages incurred by the owner of more than $100,000. Crop
6.15operation tampering in the first degree is a felony punishable by ...... .
6.16(b) Crop operation tampering in the second degree occurs when the result of the
6.17offense is damages incurred by the owner of the crop operation of more than $10,000
6.18but not more than $100,000. Crop operation tampering in the second degree is a felony
6.19punishable by ...... .
6.20(c) Crop operation tampering in the third degree occurs when the result of the
6.21offense is damages incurred by the owner of the crop operation of more than $1,000
6.22but not more than $10,000. Crop operation property tampering in the third degree is a
6.23gross misdemeanor.
6.24(d) Crop operation tampering in the fourth degree occurs when the result of the
6.25offense is damages incurred by the owner of the crop operation of not more than $1,000.
6.26Crop operation tampering in the fourth degree is a misdemeanor.
6.27 Subd. 3. Conspiracy. A person who participates in a conspiracy to commit the
6.28offense of crop operation tampering, and who acts in furtherance of that commission, is
6.29guilty of the same offense as the person convicted of committing the offense on or in
6.30the crop operation.
6.31 Subd. 4. Restitution. A person convicted of crop operation tampering is subject
6.32to an order of restitution.
6.33 Subd. 5. Value of damages. In determining the value of damages incurred under
6.34this section, a court shall calculate the actual and consequential pecuniary losses resulting
6.35from the commission of the offense.
7.1 Sec. 6. [17.995] CROP OPERATION INTERFERENCE.
7.2 Subdivision 1. Prohibition. A person who acts without the consent of the owner of a
7.3crop operation to willfully do any of the following is guilty of crop operation interference:
7.4(1) produce a record which reproduces an image or sound occurring at the crop
7.5operation if the record is created by the person while at the crop operation, and the record
7.6is a reproduction of a visual or audio experience occurring at the crop operation, including,
7.7but not limited to, a photographic or audio medium;
7.8(2) possess or distribute a record which produces an image or sound occurring at the
7.9crop operation which was produced as provided in clause (1);
7.10(3) exercise control over the crop operation, including a crop maintained at the
7.11crop operation or other property kept at the crop operation, with intent to deprive the
7.12crop operation of the crop or property; or
7.13(4) enter onto the crop operation, or remain on or in the crop operation, if the person
7.14has notice that the crop operation is not open to the public. A person has notice that a crop
7.15operation is not open to the public if the person is provided notice before entering onto the
7.16crop operation, or the person refuses to immediately leave the crop operation after being
7.17instructed to leave. The notice may be in the form of a written or verbal communication
7.18by the owner, a fence or other enclosure designed to exclude intruders or contain crops, or
7.19a sign posted which is reasonably likely to come to the attention of an intruder and which
7.20indicates that entry is forbidden.
7.21 Subd. 2. Penalty. (a) A person who commits crop operation interference is guilty
7.22of a gross misdemeanor.
7.23(b) For a second or subsequent conviction of crop operation interference, the person
7.24is guilty of a felony.
7.25 Subd. 3. Restitution. A person convicted of crop operation interference is subject
7.26to an order of restitution.
7.27 Sec. 7. [17.996] CROP OPERATION FRAUD.
7.28 Subdivision 1. Prohibition. A person who willfully does any of the following
7.29is guilty of crop operation fraud:
7.30(1) obtains access to a crop operation by false pretenses for the purpose of
7.31committing an act not authorized by the owner of the crop operation; or
7.32(2) makes a false statement or representation as part of an application to be employed
7.33at a crop operation, if the person knows it to be false.
7.34 Subd. 2. Penalty. (a) A person who commits crop operation fraud is guilty of a
7.35gross misdemeanor.
8.1(b) For a second or subsequent conviction of crop operation fraud, the person is
8.2guilty of a felony.
8.3 Subd. 3. Restitution. A person convicted of crop operation fraud is subject to an
8.4order of restitution.
8.5 Sec. 8. [17.997] CIVIL ACTIONS.
8.6 Subdivision 1. Civil recovery. A person suffering damages resulting from a
8.7violation of section 17.991, 17.992, 17.994, or 17.995 may bring an action in the district
8.8court against the person causing the damage to recover all of the following:
8.9(1) an amount equaling three times all actual and consequential damages; and
8.10(2) court costs and reasonable attorney fees.
8.11 Subd. 2. Equitable relief. In addition to awarding damages as provided in
8.12subdivision 1, a court may grant any equitable relief that the court determines is
8.13appropriate. Nothing in this chapter shall prevent a party from petitioning a court for
8.14equitable relief.
8.15 Sec. 9. [17.998] ANIMAL FACILITIES; CROP OPERATIONS; EXCEPTIONS.
8.16(a) Sections 17.991 and 17.992 do not prohibit any conduct of a person holding a
8.17legal interest in an animal facility, an animal maintained at the animal facility, or other
8.18property kept at the animal facility which legal interest is superior to the legal interest held
8.19by a person incurring damages resulting from the conduct.
8.20(b) Sections 17.991 and 17.992 do not apply to any of the following:
8.21(1) a governmental agency or officer who is taking lawful action involving an
8.22animal facility, an animal maintained at the animal facility, or other property kept at the
8.23animal facility; or
8.24(2) a licensed veterinarian practicing veterinary medicine according to customary
8.25standards of care.
8.26(c) Sections 17.994 and 17.995 do not prohibit any conduct of a person holding a
8.27legal interest in a crop operation, a crop maintained at the crop operation, or other property
8.28kept at the crop operation which legal interest is superior to the legal interest held by a
8.29person incurring damages resulting from the conduct.
8.30(d) Sections 17.994 and 17.995 do not apply to a governmental agency or officer
8.31who is taking lawful action involving a crop operation, a crop maintained at the crop
8.32operation, or other property kept at the crop operation.
