Terms used in this chapter mean: (1) "Agricultural production facility," real or personal property that is used primarily for agricultural purposes, including: (a) A vehicle, building, structure, research facility, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale; or (b) A barn, crop field, elevator, garden, greenhouse, nursery, orchard, research facility, seedhouse, warehouse, structure, machinery, or equipment; (2) "Animal," any living vertebrate except human beings; (3) "Consent," permission by the owner or by a person legally authorized to act for the owner. Consent is not effective if: (a) Induced by force or threat; (b) Given by a person the offender knows is not legally authorized to act for the owner; or (c) Given by a person who by reason of age, mental disease or defect, or influence of drugs or alcohol is known by the offender to be incapable of consenting; (4) "Crop," a plant or plant product that is grown for food, feed, fiber, forage, or fuel; (5) "Deception," the act of knowingly: (a) Creating or confirming another person's belief or impression as to the existence or nonexistence of a fact or condition that is false and that the actor does not believe to be true; or (b) Failing to correct a false belief or impression as to the existence or nonexistence of a fact or condition that the actor previously created or confirmed; (6) "Deprive," to: (a) Withhold an animal or material appurtenant to an animal from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner; (b) Restore an animal or property only upon payment of a reward or other compensation; or (c) Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely; (7) "Owner," a person who has title to the property, legal possession of the property, or a greater right to possession of the property than the other; (8) "Possession," actual custody, control, or management; and (9) "Research facility," any place at which any scientific test, experiment, or investigation involving the use of any living animal or crop is carried out, conducted, or attempted.
‹ Prev All South Dakota sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.