H.F. 589 Section 1. Section 717A.1, subsection 3, Code 2011, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 3. “Animal” means a mammal, bird, fish, reptile, or 4 amphibian, including an agricultural animal or any other animal 5 that is maintained by an animal facility. 6 Sec. 2. Section 717A.1, subsection 4, paragraphs a and b, 7 Code 2011, are amended to read as follows: 8 a. A location where an agricultural animal is maintained for 9 agricultural production purposes , including but not limited to 10 a location dedicated to farming as defined in section 9H.1 , a 11 livestock market, or exhibition , or a vehicle used to transport 12 the animal . 13 b. A location where an animal is maintained for educational 14 or scientific purposes, including but not limited to a research 15 facility as defined in section 162.2 , an exhibition, or a 16 vehicle used to transport the animal . 17 Sec. 3. Section 717A.1, subsection 7, Code 2011, is amended 18 to read as follows: 19 7. “Crop operation” means a commercial enterprise where a 20 crop is maintained on the property of the commercial enterprise 21 location where a crop is maintained, including but not limited 22 to a crop field, orchard, nursery, greenhouse, garden, 23 elevator, seedhouse, barn, or warehouse . 24 Sec. 4. Section 717A.1, subsection 9, paragraph a, 25 unnumbered paragraph 1, Code 2011, is amended to read as 26 follows: 27 For an animal maintained at an animal facility or property 28 belonging to kept at an animal facility, “deprive” means to do 29 any of the following: 30 Sec. 5. Section 717A.1, subsection 9, paragraph b, 31 subparagraph (2), Code 2011, is amended to read as follows: 32 (2) Dispose of a crop maintained on at the crop operation or 33 property or belonging to kept at the crop operation in a manner 34 that makes recovery of the crop or crop operation property by 35 -1- HF 589 (5) 84 da/rj/mb 1/ 11

H.F. 589 its owner unlikely. 1 Sec. 6. Section 717A.1, subsection 11, paragraphs a and b, 2 Code 2011, are amended to read as follows: 3 a. A person, including a public or private entity, who has 4 a legal interest in an animal maintained at the animal facility 5 or other property belonging to kept at an animal facility , or a 6 person who is authorized by the holder of the legal interest to 7 act on the holder’s behalf in maintaining the animal or keeping 8 the other property . 9 b. A person, including a public or private entity, who has 10 a legal interest in a crop maintained at the crop operation or 11 crop operation other property kept at the crop operation, or a 12 person who is authorized by the holder of the legal interest to 13 act on the holder’s behalf in maintaining the crop or keeping 14 the other property . 15 Sec. 7. Section 717A.1, Code 2011, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 11A. “Record” means any printed, inscribed, 18 visual, or audio information that is placed or stored on a 19 tangible medium, and that may be accessed in a perceivable 20 form, including but not limited to any paper or electronic 21 format. 22 Sec. 8. Section 717A.2, Code 2011, is amended by striking 23 the section and inserting in lieu thereof the following: 24 717A.2 Animal facility tampering. 25 1. A person is guilty of animal facility tampering if the 26 person acts without the consent of the owner of an animal 27 facility to willfully do any of the following: 28 a. Damage, destroy, or alter property kept at the animal 29 facility, including but not limited to land, fixtures, 30 structures, equipment, machinery, vehicles, records, or 31 computer software or data. 32 b. Kill or injure an animal maintained at the animal 33 facility, including by an act of violence or the transmission 34 of a disease including but not limited to any infectious or 35 -2- HF 589 (5) 84 da/rj/mb 2/ 11

H.F. 589 contagious disease designated by the department of agriculture 1 and land stewardship pursuant to section 163.2. 2 c. Take by theft an animal maintained or other property kept 3 at the animal facility. 4 d. Disrupt operations conducted at the animal facility, 5 if the operations directly relate to agricultural production, 6 animal maintenance, educational or scientific purposes, or 7 veterinary care. 8 2. A person who commits the offense of animal facility 9 tampering is guilty of the following: 10 a. Animal facility tampering in the first degree occurs when 11 the result of the offense is damages incurred by the owner of 12 the animal facility of more than one hundred thousand dollars. 13 A person convicted of animal facility tampering in the first 14 degree is guilty of a class “C” felony. 15 b. Animal facility tampering in the second degree occurs 16 when the result of the offense is damages incurred by the owner 17 of the animal facility of more than ten thousand dollars but 18 not more than one hundred thousand dollars. A person convicted 19 of animal facility tampering in the second degree is guilty of 20 a class “D” felony. 21 c. Animal facility tampering in the third degree occurs 22 when the result of the offense is damages incurred by the owner 23 of the animal facility of more than one thousand dollars but 24 not more than ten thousand dollars. A person convicted of 25 animal facility tampering in the third degree is guilty of an 26 aggravated misdemeanor. 27 d. Animal facility tampering in the fourth degree occurs 28 when the result of the offense is the damages incurred by the 29 owner of the animal facility of more than three hundred dollars 30 but not more than one thousand dollars. A person convicted of 31 animal facility tampering in the fourth degree is guilty of a 32 serious misdemeanor. 33 e. Animal facility tampering in the fifth degree occurs when 34 the result of the offense is damages incurred by the owner of 35 -3- HF 589 (5) 84 da/rj/mb 3/ 11

H.F. 589 the animal facility of three hundred dollars or less. A person 1 convicted of animal facility tampering in the fifth degree is 2 guilty of a simple misdemeanor. 3 3. A person who participates in a conspiracy to commit 4 the offense of animal facility tampering, and who acts in 5 furtherance of that commission, is guilty of the same offense 6 as the person convicted of committing the offense on or in the 7 animal facility. 8 4. A person convicted of animal facility tampering is 9 subject to an order of restitution as provided in chapter 910. 10 5. In determining the value of damages incurred by an 11 owner of an animal facility under this section, a court 12 shall calculate the actual and consequential pecuniary losses 13 resulting from the commission of the offense. 14 Sec. 9. NEW SECTION . 717A.2A Animal facility interference. 15 1. A person is guilty of animal facility interference, if 16 the person acts without the consent of the owner of an animal 17 facility to willfully do any of the following: 18 a. (1) Produce a record which reproduces an image or sound 19 occurring at the animal facility as follows: 20 (a) The record must be created by the person while at the 21 animal facility. 22 (b) The record must be a reproduction of a visual or audio 23 experience occurring at the animal facility, including but not 24 limited to a photographic or audio medium. 25 (2) Possess or distribute a record which produces an image 26 or sound occurring at the animal facility which was produced as 27 provided in subparagraph (1). 28 (3) Subparagraphs (1) and (2) do not apply to an animal 29 shelter, a boarding kennel, a commercial kennel, a pet shop, or 30 a pound, all as defined in section 162.2. 31 b. Exercise control over the animal facility including an 32 animal maintained at the animal facility or other property 33 kept at the animal facility, with intent to deprive the animal 34 facility of the animal or property. 35 -4- HF 589 (5) 84 da/rj/mb 4/ 11

H.F. 589 c. Enter onto the animal facility, or remain at the animal 1 facility, if the person has notice that the facility is 2 not open to the public. A person has notice that an animal 3 facility is not open to the public if the person is provided 4 notice before entering onto the facility, or the person refuses 5 to immediately leave the facility after being informed to 6 leave. The notice may be in the form of a written or verbal 7 communication by the owner, a fence or other enclosure designed 8 to exclude intruders or contain animals, or a sign posted which 9 is reasonably likely to come to the attention of an intruder 10 and which indicates that entry is forbidden. 11 2. A person who commits the offense of animal facility 12 interference is guilty of the following: 13 a. For the first conviction, the person is guilty of an 14 aggravated misdemeanor. 15 b. For a second or subsequent conviction, the person is 16 guilty of a class “D” felony. 17 3. A person convicted of animal facility interference is 18 subject to an order of restitution as provided in chapter 910. 19 Sec. 10. NEW SECTION . 717A.2B Animal facility fraud. 20 1. A person is guilty of animal facility fraud, if the 21 person willfully does any of the following: 22 a. Obtains access to an animal facility by false pretenses 23 for the purpose of committing an act not authorized by the 24 owner of the animal facility. 25 b. Makes a false statement or representation as part of 26 an application to be employed at the animal facility, if the 27 person knows the statement to be false, and makes the statement 28 with an intent to commit an act not authorized by the owner of 29 the animal facility. 30 2. A person who commits the offense of animal facility fraud 31 is guilty of the following: 32 a. For the first conviction, the person is guilty of an 33 aggravated misdemeanor. 34 b. For a second or subsequent conviction, the person is 35 -5- HF 589 (5) 84 da/rj/mb 5/ 11

H.F. 589 guilty of a class “D” felony. 1 3. A person convicted of animal facility fraud is subject to 2 an order of restitution as provided in chapter 910. 3 4. This section does not apply to an animal shelter, a 4 boarding kennel, a commercial kennel, a pet shop, or a pound, 5 all as defined in section 162.2. 6 Sec. 11. NEW SECTION . 717A.2C Animal facilities —— civil 7 actions. 8 1. A person suffering damages resulting from the commission 9 of animal facility tampering as provided in section 717A.2 or 10 animal facility interference as provided in section 717A.2A 11 may bring an action in the district court against the person 12 causing the damages to recover all of the following: 13 a. An amount equaling three times all actual and 14 consequential damages. 15 b. Court costs and reasonable attorney fees. 16 2. In addition to awarding damages as provided in subsection 17 1, a court may grant any equitable relief that the court 18 determines is appropriate. Nothing in this chapter shall 19 prevent a party from petitioning a court for equitable relief. 20 Sec. 12. NEW SECTION . 717A.2D Animal facilities —— 21 exceptions. 22 1. Section 717A.2 or 717A.2A does not prohibit any conduct 23 of a person holding a legal interest in an animal facility, an 24 animal maintained at the animal facility, or other property 25 kept at the animal facility which legal interest is superior to 26 the legal interest held by a person incurring damages resulting 27 from the conduct. 28 2. Section 717A.2 or 717A.2A does not apply to any of the 29 following: 30 a. A governmental agency or officer who is taking lawful 31 action involving an animal facility, an animal maintained at 32 the animal facility, or other property kept at the animal 33 facility. 34 b. A licensed veterinarian practicing veterinary medicine as 35 -6- HF 589 (5) 84 da/rj/mb 6/ 11

H.F. 589 provided in chapter 169 and according to customary standards 1 of care. 2 Sec. 13. Section 717A.3, Code 2011, is amended by striking 3 the section and inserting in lieu thereof the following: 4 717A.3 Crop operation tampering. 5 1. A person is guilty of crop operation tampering if 6 the person acts without the consent of the owner of a crop 7 operation to willfully do any of the following: 8 a. Damage, destroy, or alter property kept at the crop 9 operation, including but not limited to land, fixtures, 10 structures, equipment, machinery, vehicles, records, or 11 computer software or data. 12 b. Destroy or injure a crop maintained at a crop operation, 13 including by an act of violence or the transmission of a 14 disease including but not limited to any disease or pests. 15 c. Take by theft a crop maintained or other personal 16 property kept at the crop operation. 17 d. Disrupt operations conducted at the crop operation, if 18 the operations directly relate to agricultural production, 19 crop maintenance, educational or scientific purposes, or 20 horticultural care. 21 2. A person who commits the offense of crop operation 22 tampering is guilty of the following: 23 a. Crop operation tampering in the first degree occurs when 24 the result of the offense is damages incurred by the owner of 25 more than one hundred thousand dollars. A person convicted of 26 crop operation tampering in the first degree is guilty of a 27 class “C” felony. 28 b. Crop operation tampering in the second degree occurs when 29 the result of the offense is damages incurred by the owner of 30 the crop operation of more than ten thousand dollars but not 31 more than one hundred thousand dollars. A person convicted of 32 crop operation tampering in the second degree is guilty of a 33 class “D” felony. 34 c. Crop operation tampering in the third degree occurs when 35 -7- HF 589 (5) 84 da/rj/mb 7/ 11

H.F. 589 the result of the offense is damages incurred by the owner of 1 the crop operation of more than one thousand dollars but not 2 more than ten thousand dollars. A person convicted of crop 3 operation property tampering in the third degree is guilty of 4 an aggravated misdemeanor. 5 d. Crop operation tampering in the fourth degree occurs 6 when the result of the offense is damages incurred by the owner 7 of the crop operation of more than three hundred dollars but 8 not more than one thousand dollars. A person convicted of crop 9 operation tampering in the fourth degree is guilty of a serious 10 misdemeanor. 11 e. Crop operation tampering in the fifth degree occurs when 12 the result of the offense is damages incurred by the owner of 13 the crop operation of three hundred dollars or less. A person 14 convicted of crop operation tampering in the fifth degree is 15 guilty of a simple misdemeanor. 16 3. A person who participates in a conspiracy to commit 17 the offense of crop operation tampering, and who acts in 18 furtherance of that commission, is guilty of the same offense 19 as the person convicted of committing the offense on or in the 20 crop operation. 21 4. A person convicted of crop operation tampering is subject 22 to an order of restitution as provided in chapter 910. 23 5. In determining the value of damages incurred under this 24 section, a court shall calculate the actual and consequential 25 pecuniary losses resulting from the commission of the offense. 26 Sec. 14. NEW SECTION . 717A.3A Crop operation interference. 27 1. A person is guilty of crop operation interference, if 28 the person acts without the consent of the owner of a crop 29 operation to willfully do any of the following: 30 a. Produce a record which reproduces an image or sound 31 occurring at the crop operation as follows: 32 (1) The record must be created by the person while at the 33 crop operation. 34 (2) The record must be a reproduction of a visual or audio 35 -8- HF 589 (5) 84 da/rj/mb 8/ 11

H.F. 589 experience occurring at the crop operation, including but not 1 limited to a photographic or audio medium. 2 b. Possess or distribute a record which produces an image 3 or sound occurring at the crop operation which was produced as 4 provided in paragraph “a” . 5 c. Exercise control over the crop operation, including a 6 crop maintained at the crop operation or other property kept at 7 the crop operation, with intent to deprive the crop operation 8 of the crop or property. 9 d. Enter onto the crop operation, or remain on or in 10 the crop operation, if the person has notice that the crop 11 operation is not open to the public. A person has notice that 12 a crop operation is not open to the public if the person is 13 provided notice before entering onto the crop operation, or the 14 person refuses to immediately leave the crop operation after 15 being informed to leave. The notice may be in the form of a 16 written or verbal communication by the owner, a fence or other 17 enclosure designed to exclude intruders or contain crops, or a 18 sign posted which is reasonably likely to come to the attention 19 of an intruder and which indicates that entry is forbidden. 20 2. A person who commits the offense of crop operation 21 interference is guilty of the following: 22 a. For the first conviction, the person is guilty of an 23 aggravated misdemeanor. 24 b. For a second or subsequent conviction, the person is 25 guilty of a class “D” felony. 26 3. A person convicted of crop operation interference is 27 subject to an order of restitution as provided in chapter 910. 28 Sec. 15. NEW SECTION . 717A.3B Crop operation fraud. 29 1. A person is guilty of crop operation fraud, if the person 30 willfully does any of the following: 31 a. Obtains access to a crop operation by false pretenses for 32 the purpose of committing an act not authorized by the owner 33 of the crop operation. 34 b. Makes a false statement or representation as part of an 35 -9- HF 589 (5) 84 da/rj/mb 9/ 11

H.F. 589 application to be employed at a crop operation, if the person 1 knows the statement to be false, and makes the statement with 2 an intent to commit an act not authorized by the owner of the 3 crop operation. 4 2. A person who commits the offense of crop operation fraud 5 is guilty of the following: 6 a. For the first conviction, the person is guilty of an 7 aggravated misdemeanor. 8 b. For a second or subsequent conviction, the person is 9 guilty of a class “D” felony. 10 3. A person convicted of crop operation fraud is subject to 11 an order of restitution as provided in chapter 910. 12 Sec. 16. NEW SECTION . 717A.3C Crop operations —— civil 13 actions. 14 1. A person suffering damages resulting from the commission 15 of crop operation tampering as provided in section 717A.3 or 16 crop operation interference as provided in section 717A.3A 17 may bring an action in the district court against the person 18 causing the damage to recover all of the following: 19 a. An amount equaling three times all actual and 20 consequential damages. 21 b. Court costs and reasonable attorney fees. 22 2. In addition to awarding damages as provided in subsection 23 1, a court may grant any equitable relief that the court 24 determines is appropriate. Nothing in this chapter shall 25 prevent a party from petitioning a court for equitable relief. 26 Sec. 17. NEW SECTION . 717A.3D Crop operations —— 27 exceptions. 28 1. Section 717A.3 or 717A.3A does not prohibit any conduct 29 of a person holding a legal interest in a crop operation, a 30 crop maintained at the crop operation, or other property kept 31 at the crop operation which legal interest is superior to the 32 legal interest held by a person incurring damages resulting 33 from the conduct. 34 2. Section 717A.3 or 717A.3A does not apply to a 35 -10- HF 589 (5) 84 da/rj/mb 10/ 11