Current through the 2024 Regular Session
Section 69-29-303 - DefinitionsThe following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Actor" means a person accused of any of the offenses defined in this article.(b) "Animal" means a warm or cold-blooded animal used in food or fiber production, agriculture, exhibition, research, testing, experimentation or education, including poultry, fish and insects.(c) "Animal research or exhibiting facility," hereinafter referred to as an "animal facility," includes a vehicle, building, separately secured yard, pad, pond, enclosure, structure or premises where an animal is kept, shown, handled, housed, exhibited, bred or offered for sale and any building, laboratory, institution, organization or school in which a person or persons are engaged in research, testing, educational or experimental activities or in which any commercial or academic enterprise is using warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education.(d) "Consent" means assent in fact, whether express or apparent.(e) "Deprive" means: (i) To purposely or knowingly withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;(ii) To restore the animal or other property only upon payment for reward or other compensation; or(iii) To dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.(f) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if: (i) Induced by force, threat, false pretenses or fraud;(ii) Given by a person the actor knows is not legally authorized to act for the owner;(iii) Given by a person who by reason of youth, mental disease or defect or intoxication is known by the actor to be unable to make reasonable decisions; or(iv) Given solely to detect the commission of an offense.(g) "Owner" means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.(h) "Person" means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest or other legal entity.(i) "Possession" means actual care, custody, control or management.Law, 1996, ch. 424, § 2, eff. 7/1/1996.