Bill Text: MO HB2095 | 2012 | Regular Session | Introduced
Bill Title: Establishes the Animal Ecological Terrorism Act
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-18 - Referred: Agriculture Policy (H) [HB2095 Detail]
Download: Missouri-2012-HB2095-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SMITH (150).
5672H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 576, RSMo, by adding thereto nine new sections relating to the Animal Ecological Terrorism Act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 576, RSMo, is amended by adding thereto nine new sections, to be known as sections 576.100, 576.103, 576.106, 576.109, 576.112, 576.115, 576.118, 576.121, and 576.124, to read as follows:
576.100. Sections 576.100 to 576.124 shall be known as the Animal Ecological Terrorism Act.
576.103. As used in sections 576.100 to 576.124 the following terms shall mean:
(1) “Animal”, any warm-blooded or cold-blooded animal lawfully confined for food, fur, or fiber production, agriculture and its related activities, research testing, education, companionship, or wildlife;
(2) “Animal activities”, any activity involving the use of animals or animal parts to include hunting, fishing, trapping, traveling, camping, production, preparation or processing of food or food products, clothing or garment manufacturing, medical or other research, entertainment, recreation, retail, agriculture, biotechnology, or any other services involving the use of animals, including the sale of any products therein;
(3) “Animal facility”, a vehicle, building, structure, research facility, nature preserve, or other premises where an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale, to include a zoo, rodeo, circus, amusement park, hunting preserve, and horse and dog event;
(4) “Animal or ecological terrorist organization”, any association, organization, entity, coalition, or combination of two or more persons with the primary or incidental purpose of supporting any politically motivated activity through intimidation, coercion, force, or fear that is intended to obstruct, impede, or deter any person from participating in a lawful animal activity, animal facility, research facility, or the lawful activity of construction, mining, foresting, harvesting, gathering, or processing natural resources;
(5) “Consent”, agreement in fact, whether express or apparent. Absence of either verbal or nonverbal communication shall not be construed to fall under this definition;
(6) “Ecological”, the relationship between organisms and their environment;
(7) “Effective consent”, consent by the owner or by a person legally authorized to act for the owner, unless it is:
(a) Induced by force or threat;
(b) Given by a person that the offender knows or reasonably should have known is not an agent for the owner; or
(c) Given by a person who by reason of youth, mental disease, or defect, or being under the influence of drugs or alcohol is known by the offender to be unable to make reasonable decisions.
Absence of either verbal or nonverbal communication shall not be construed to fall under this definition;
(8) “Natural resource”, a material source of wealth, such as timber, fresh water, or a mineral deposit, that occurs in a natural state and has economic value;
(9) “Notice”, oral or written communication by the owner or someone with apparent authority to act for the owner, fencing or other enclosure obviously designed to exclude intruders or to contain animals, or a sign or signs posted on the property or at the entrance to a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden;
(10) “Owner”, a person who has title to the property or lawful possession of the property;
(11) “Person”, an individual, governmental unit, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, limited liability company, two or more persons having a joint or common interest, or some other legal entity;
(12) “Politically motivated”, any activity where the principle purpose is to influence a unit of government to take a specific action or to persuade the public to take specific action, or to protest the actions of a unit of government, corporation, organization, or the public at large;
(13) “Possession”, actual care, custody, control, or management;
(14) “Research facility”, a place, laboratory, institution, medical care facility, government facility, elementary school, high school, college, university, or nature preserve at which a scientific test, experiment, or investigation involving the use of animals or other ecological organisms is lawfully carried out, conducted, or attempted.
576.106. 1. A person or animal or ecological terrorist organization will be guilty of the crime of depriving the owner of an animal or natural resource from participating in an animal or natural resource activity if he or she:
(1) Obstructs the lawful use of an animal, natural resource, or other property from the owner permanently or for such a period of time that a significant portion of the value or enjoyment of the animal, natural resource, or property is lost to the owner by way of coercion, fear, intimidation, or property damage;
(2) Takes or detains the animal, natural resource, or other property and agrees to restore it only upon reward or other compensation; or
(3) Disposes of an animal, natural resource, or other property or so alters its condition or usefulness that the value of the animal, natural resource, or other property is substantially reduced; and
(4) Is politically motivated to commit the prohibited activity.
2. Depriving the owner of an animal or natural resource from participating in an animal or natural resource activity is a class A misdemeanor, unless the person or organization causes more than five hundred dollars in physical damage or destruction of property in which case he or she shall be guilty of a class D felony.
576.109. 1. A person or animal or ecological terrorist organization will be guilty of the crime of obstructing or impeding the use of an animal facility or the use of a natural resource without the effective consent of the owner if he or she:
(1) Damages or destroys an animal or research facility, or other property in or on the premises;
(2) Enters an animal or research facility that is at the time closed to the public;
(3) Remains concealed in an animal or research facility with the intent to commit any act prohibited by this chapter;
(4) Enters an animal or research facility and commits or attempts to commit an act prohibited by this chapter;
(5) Enters an animal or research facility to take pictures by photograph, video camera, or other means with the intent to commit criminal activities or defame the facility or its owner; or
(6) Enters or remains on the premises of an animal or research facility if the person or organization had notice that the entry was forbidden or received notice to depart but failed to do so; and
(7) Is politically motivated to commit the prohibited activity.
2. Obstructing or impeding the use of an animal facility or the use of a natural resource without the effective consent of the owner is a class A misdemeanor, unless the person or organization causes more than five hundred dollars in physical damage or destruction of property in which case he or she shall be guilty of a class D felony.
576.112. 1. A person or animal or ecological terrorism organization will be guilty of the crime of participating in or supporting animal or ecological terrorism if he or she raises, solicits, collects, or provides any person with material, financial support, or other resources such as lodging, training, safe houses, false documentation or identification, communications, equipment or transportation that will be used in whole or in part to encourage, plan, prepare, carry out, publicize, promote, or aid an act of animal or ecological terrorism, or the concealment of or an escape from an act of animal or ecological terrorism.
2. Participating in or supporting animal or ecological terrorism is a class A misdemeanor, unless the person or organization causes more than five hundred dollars in physical damage or destruction of property in which case he or she shall be guilty of a class D felony.
576.115. The provisions of sections 576.100 to 576.124 do not apply to:
(1) A government agency or its employees who are carrying out their responsibilities under law;
(2) Lawful activities of a financial institution or other secured party; or
(3) A humane animal treatment shelter or its employees whose primary purpose is the bona fide control or humane care of animals, when acting within the scope of their employment.
576.118. Any person convicted of, or who pleads guilty to, a violation in section 576.106, 576.109, or 576.112 and as a result of the violation intentionally or negligently commits bodily harm to any individual, shall be guilty of a class D felony, unless the person or organization causes more than five hundred dollars in physical damage or destruction of property in which case he or she shall be guilty of a class C felony.
576.121. Any person who has been damaged by a violation of section 576.106, 576.109, or 576.112 may bring an action against the person who caused the damage to recover an amount equal to three times all economic damages to include the cost of lost or damaged property, records, the cost of repeating an interrupted or invalidated experiment, loss of profits, or other consequential damages as well as court costs and reasonable attorney fees.
576.124. 1. Any person who is convicted of or pleads guilty to a violation of section 576.106, 576.109, or 576.112 shall register with the attorney general on a form prescribed by the attorney general.
2. The registry shall contain the name, a current residence address, a recent photograph, and signature of the offender.
3. The offender is required to provide written notice to the attorney general regarding any change in name or residence address within thirty days of making the change.
4. The attorney general shall create and maintain a website containing the information set forth in this section for each person who is required to register. Information regarding an offender must remain on the website for no less than three years at which time the registrant may apply to the attorney general for removal.
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