717A.1 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Agricultural animal" means any of the following:
a. An animal that is maintained for its parts or products
having commercial value, including but not limited to its muscle
tissue, organs, fat, blood, manure, bones, milk, wool, hide, pelt,
feathers, eggs, semen, embryos, or honey.
b. An animal belonging to the equine species, including
horse, pony, mule, jenny, donkey, or hinny.
2. "Agricultural production" means any activity related to
maintaining an agricultural animal at an animal facility or a crop on
crop operation property.
3. "Animal" means a warm-blooded or cold-blooded animal,
including but not limited to an animal belonging to the bovine,
canine, feline, equine, ovine, or porcine species; farm deer as
defined in section 189A.2; ostriches, rheas, or emus; an animal which
belongs to a species of poultry or fish; mink or other pelt-bearing
mammals; any invertebrate; or honey bees.
4. "Animal facility" means any of the following:
a. A location where an agricultural animal is maintained for
agricultural production purposes, including but not limited to a
location dedicated to farming as defined in section 9H.1, a livestock
market, exhibition, or a vehicle used to transport the animal.
b. A location where an animal is maintained for educational
or scientific purposes, including a research facility as defined in
section 162.2, an exhibition, or a vehicle used to transport the
animal.
c. A location operated by a person licensed to practice
veterinary medicine pursuant to chapter 169.
d. A pound as defined in section 162.2.
e. An animal shelter as defined in section 162.2.
f. A pet shop as defined in section 162.2.
g. A boarding kennel as defined in section 162.2.
h. A commercial kennel as defined in section 162.2.
5. "Consent" means express or apparent assent by a person
authorized to provide such assent.
6. a. "Crop" means any plant maintained for its parts or
products having commercial value, including but not limited to
stalks, trunks and branches, cuttings, grafts, scions, leaves, buds,
fruit, vegetables, roots, bulbs, or seeds, if the plant is any of the
following:
(1) A plant produced from an agricultural seed or vegetable seed
as defined in section 199.1, including any plant producing a
commodity listed in section 210.10.
(2) A plant which is a tree, shrub, vine, berry plant, greenhouse
plant, or flower.
b. A plant produced from a noxious weed seed as defined in
section 199.1 is not a crop unless the plant is produced as a
research crop.
7. "Crop operation" means a commercial enterprise where a
crop is maintained on the property of the commercial enterprise.
8. "Crop operation property" means any of the following:
a. Real property that is a crop field, orchard, nursery,
greenhouse, garden, elevator, seedhouse, barn, warehouse, any other
associated land or structures located on the land, and personal
property located on the land including machinery or equipment, that
is part of a crop operation.
b. A vehicle used to transport a crop that was maintained on
the crop operation property.
9. "Deprive" means to do any of the following:
a. For an animal maintained at an animal facility or property
belonging to an animal facility, "deprive" means to do any of the
following:
(1) Withhold the animal or property for a period of time
sufficient to significantly reduce the value or enjoyment of the
animal or property.
(2) Withhold the animal or property for ransom or upon condition
to restore the animal or property in return for compensation.
(3) Dispose of the animal or property in a manner that makes
recovery of the animal or property by its owner unlikely.
b. For crops maintained on crop operation property or for
crop operation property, "deprive" means to do any of the
following:
(1) Occupy any part of a crop operation property for a period of
time sufficient to prevent access to the crop or crop operation
property.
(2) Dispose of a crop maintained on the crop operation property
or belonging to the crop operation in a manner that makes recovery of
the crop or crop operation property by its owner unlikely.
10. "Maintain" means to do any of the following:
a. Keep and provide for the care and feeding of any animal,
including any activity relating to confining, handling, breeding,
transporting, or exhibiting the animal.
b. Keep and preserve any crop by planting, nurturing,
harvesting, and storing the crop; or storing, planting, or nurturing
the crop's seed.
11. "Owner" means any of the following:
a. A person, including a public or private entity, who has a
legal interest in an animal or property belonging to an animal
facility or who is authorized by the holder of the legal interest to
act on the holder's behalf in maintaining the animal.
b. A person, including a public or private entity, who has a
legal interest in a crop or crop operation property or who is
authorized by the holder of the legal interest to act on the holder's
behalf in maintaining the crop.
12. "Research crop" means a crop, including the crop's seed,
that is maintained for purposes of scientific research regarding the
study or alteration of the genetic characteristics of a plant or
associated seed, including its deoxyribonucleic acid, which is
accomplished by breeding or by using biotechnological systems or
techniques. Section History: Recent Form
2001 Acts, ch 120, §1; 2008 Acts, ch 1058, §19
Referred to in § 163.3A, 469.31, 717F.1
717A.2 ANIMAL FACILITIES -- CIVIL ACTION -- CRIMINAL
PENALTIES.
1. A person shall not, without the consent of the owner, do any
of the following:
a. Willfully destroy property of an animal facility, or kill
or injure an animal maintained at an animal facility, including by an
act of violence or the transmission of a disease including but not
limited to any disease designated by the department of agriculture
and land stewardship pursuant to section 163.2.
b. Exercise control over an animal facility including
property of the animal facility, or an animal maintained at an animal
facility, with intent to deprive the animal facility of an animal or
property.
c. Enter onto or into an animal facility, or remain on or in
an animal facility, if the person has notice that the facility is not
open to the public, if the person has an intent to do one of the
following:
(1) Disrupt operations conducted at the animal facility, if the
operations directly relate to agricultural production, animal
maintenance, educational or scientific purposes, or veterinary care.
(2) Kill or injure an animal maintained at the animal facility.
A person has notice that an animal facility is not open to the
public if the person is provided notice before entering onto or into
the facility, or the person refuses to immediately depart from the
facility after being informed to leave. The notice may be in the
form of a written or verbal communication by the owner, a fence or
other enclosure designed to exclude intruders or contain animals, or
a sign posted which is reasonably likely to come to the attention of
an intruder and which indicates that entry is forbidden.
2. A person suffering damages resulting from an action which is
in violation of subsection 1 may bring an action in the district
court against the person causing the damage to recover all of the
following:
a. An amount equaling three times all actual and
consequential damages.
b. Court costs and reasonable attorney fees.
3. A person violating this section is guilty of the following:
a. A person who violates subsection 1, paragraph "a", is
guilty of a class "C" felony if the injury to or death of an animal
or damage to property exceeds ten thousand dollars, a class "D"
felony if the injury to or death of an animal or damage to property
exceeds one thousand dollars but does not exceed ten thousand
dollars, an aggravated misdemeanor if the injury to or death of an
animal or damage to property exceeds one hundred dollars but does not
exceed one thousand dollars, a serious misdemeanor if the injury to
or death of an animal or damage to property exceeds fifty dollars but
does not exceed one hundred dollars, or a simple misdemeanor if the
injury to or death of an animal or damage to property does not exceed
fifty dollars.
b. A person who violates subsection 1, paragraph "b", is
guilty of a class "D" felony.
c. A person who violates subsection 1, paragraph "c", is
guilty of an aggravated misdemeanor.
4. a. This section does not prohibit any conduct of a person
holding a legal interest in an animal or property which is superior
to the interest held by a person suffering from damages resulting
from the conduct.
b. This section does not apply to a governmental agency that
is taking lawful action against an animal or animal facility.
c. This section does not apply to a licensed veterinarian
practicing veterinary medicine as provided in chapter 169 and
according to customary standards of care. Section History: Recent Form
91 Acts, ch 227, §1
CS91, §717A.1
95 Acts, ch 43, § 15; 2001 Acts, ch 120, §2--5
CS2001, §717A.2
2003 Acts, ch 44, §106; 2004 Acts, ch 1142, §1; 2005 Acts, ch 3,
§110
717A.3 CROPS OR CROP OPERATION PROPERTY DAMAGE --
CIVIL ACTION -- CRIMINAL PENALTIES.
1. A person shall not, without the consent of the owner, do any
of the following:
a. Willfully destroy or damage a crop maintained on crop
operation property or crop operation property.
b. Exercise control over a crop maintained on crop operation
property or crop operation property with an intent to deprive the
owner of the crop or crop operation property.
c. Enter onto or remain on crop operation property if the
person has notice that the property is not open to the public, and
the person has an intent to do one of the following:
(1) Disrupt agricultural production conducted on the crop
operation property if the agricultural production directly relates to
the maintenance of crops. A person is presumed to intend disruption
if the person moves, removes, or defaces any sign posted on the crop
operation property or label used by the owner and the sign or label
identifies a crop maintained on the crop operation property.
(2) Destroy or damage a crop or any portion of a crop maintained
on the crop operation property.
A person has notice that a crop operation property is not open to
the public if the person is provided notice prohibiting entry before
the person enters onto the crop operation property, or the person
refuses to immediately depart from the crop operation property after
being notified to leave. The notice may be in the form of a written
or verbal communication by the owner, a fence or other enclosure
designed to exclude intruders, or a sign posted which is reasonably
likely to come to the attention of an intruder and which indicates
that entry is prohibited.
2. a. A person suffering damages resulting from an act which
is in violation of this section may bring an action in the district
court against the person causing the damage to recover all of the
following:
(1) For damages that are not to a research crop, an amount
equaling three times all actual and consequential losses.
(2) For damages to a research crop, all of the following:
(a) Twice the amount of damages directly incurred by market
losses, based on the lost market value of the research crop due to
the damage, assuming that the research crop would have matured
undamaged and been sold in normal commercial channels. If the
research crop has no market value, the damages shall be twice the
amount of actual damages incurred in producing, harvesting, and
storing the damaged research crop.
(b) Twice the amount of damages directly incurred by
developmental losses, based on the losses associated with the
research crop's expected scientific value. The research crop's
scientific value shall be determined by calculating the amount
expended in developing the research crop, including costs associated
with researching, testing, breeding, or engineering. However, such
damages shall not be awarded to the extent that the losses are
mitigated by undamaged research crops that have been identically
developed.
b. A prevailing plaintiff in an action brought under this
section shall be awarded court costs and reasonable attorney fees,
which shall be taxed as part of the costs of the action.
3. A person who violates this section as it applies to a research
crop or crop operation property where a research crop is maintained
is guilty of the following:
a. For a violation of subsection 1, paragraph "a", the
person is guilty of criminal mischief as provided in section 716.1,
and commits the same class of offense as provided in sections 716.3
through 716.6 based on the amount of damage to the research crop or
crop operation property where the research crop is maintained.
b. For a violation of subsection 1, paragraph "b", the
person is guilty of a class "D" felony.
c. For a violation of subsection 1, paragraph "c", the
person is guilty of an aggravated misdemeanor.
4. A person who violates this section as it applies to a crop
other than a research crop or crop operation property where a
research crop is not maintained is guilty of the following:
a. For a violation of subsection 1, paragraph "a", the
person is guilty of criminal mischief as provided in section 716.1,
and commits the same class of offense as provided in sections 716.3
through 716.6 based on the amount of damage to the crop or crop
operation property where the crop is maintained.
b. For a violation of subsection 1, paragraph "b", the
person is guilty of an aggravated misdemeanor.
c. For a violation of subsection 1, paragraph "c", the
person is guilty of a serious misdemeanor.
5. a. This section does not prohibit any conduct of a person
holding a legal interest in a crop operation that is superior to the
interest held by a person suffering from damages resulting from the
conduct.
b. This section does not apply to a governmental agency that
is taking lawful action against a crop or crop operation property.
Section History: Recent Form
2001 Acts, ch 120, §6
717A.4 USE OF PATHOGENS TO THREATEN ANIMALS AND CROPS
-- PENALTY.
1. Except as provided in subsection 2, a person shall not
willfully possess, transport, or transfer a pathogen with an intent
to threaten the health of an animal or crop.
a. For animals, a pathogen restricted under this section
shall be limited to a biological agent or toxin listed in 9 C.F.R. §
121.2(b), as that list exists on January 1, 2004.
b. For crops, a pathogen restricted under this section shall
be limited to a biological agent or toxin listed in 7 C.F.R. § 331.3,
as that list exists on January 1, 2004.
2. This section does not apply to a person who possesses,
transports, or distributes a pathogen in compliance with federal law,
including but not limited to as provided in 9 C.F.R. pt. 121 or 7
C.F.R. pt. 331.
3. A person who violates this section is guilty of a class "B"
felony. Section History: Recent Form
2004 Acts, ch 1142, §2