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Senate Study Bill 1166 - IntroducedA Bill ForAn Act 1prohibiting interference with the transportation of an
2agricultural animal, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 716.13 Interference with
2transportation of agricultural animals.
31. As used in this section, unless the context otherwise
4requires:
5a. “Agricultural animal” means an animal belonging to
6the bovine, caprine, equine, ovine, or porcine species; farm
7deer as defined in section 170.1; ostriches, rheas, and emus;
8turkeys, chickens, domestic geese or ducks, or other domestic
9fowl; fish or other aquatic organisms confined in private
10waters for human consumption; or honey bees.
11b. (1) “Convicted” means the entry of a judgment of
12conviction under chapter 901 or adjudicated delinquent for an
13act which is an indictable offense in this state or in another
14state under chapter 232.
15(2) “Convicted” does not mean a plea, sentence,
16adjudication, deferred sentence, or deferred judgment which has
17been reversed or otherwise set aside.
18c. “Motor vehicle” means any self-propelled vehicle subject
19to registration under chapter 321, and includes an item
20attached to the vehicle.
212. A person commits interference with the transportation of
22an agricultural animal if the person knowingly does any of the
23following:
24a. Stops, hinders, impedes, boards, obstructs, or otherwise
25interferes with a motor vehicle transporting an agricultural
26animal, regardless of whether the motor vehicle is moving.
27b. Provokes, disturbs, or otherwise interacts with an
28agricultural animal when the agricultural animal is confined
29in a motor vehicle, regardless of whether the motor vehicle is
30moving.
313. In a prosecution alleging that a defendant committed
32interference with the transportation of an agricultural
33animal under subsection 2, the defendant may assert an
34affirmative defense of consent. The defendant must prove by
35a preponderance of the evidence that the defendant was acting
-1-1with the consent of any of the following:
2a. A person having real or apparent authority to transport
3the agricultural animal. This requirement is met if the person
4is a shipper or transporter acting in compliance with chapter
5172B.
6b. The owner of the agricultural animal or any other person
7having real or apparent authority to possess or control the
8agricultural animal.
94. a. A person who commits interference with the
10transportation of an agricultural animal, as provided in
11subsection 2, paragraph “a”, is guilty of an aggravated
12misdemeanor.
13b. A person who commits interference with the transportation
14of an agricultural animal, as provided in subsection 2,
15paragraph “b”, is guilty of an aggravated misdemeanor.
165. Notwithstanding subsection 4, a person who commits
17interference with the transportation of an agricultural animal
18under subsection 2, paragraph “a” or “b”, is guilty of a
19class “D” felony if the person has previously been convicted
20of committing interference with the transportation of an
21agricultural animal under either of those paragraphs.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25GENERAL. This bill creates the criminal offense (offense)
26of interference with the transportation of an agricultural
27animal. A person commits the offense by knowingly doing
28any of the following: (1) interfering with a motor vehicle
29transporting an agricultural animal or (2) interfering with
30an agricultural animal confined in the motor vehicle. An
31agricultural animal includes livestock such as cattle, goats,
32horses, sheep, and swine; exotic animals such as ostriches;
33farm deer; poultry and other domestic fowl; fish; and honey
34bees.
35AFFIRMATIVE DEFENSES AND PENALTIES. Under the bill, a
-2-1defendant charged with the offense may assert an affirmative
2defense that the person was acting with the consent of
3either of the following: (1) a person actually or apparently
4transporting the agricultural animal or (2) a person actually
5or apparently exercising legal control of the agricultural
6animal. A person convicted of an offense under the bill is
7guilty of an aggravated misdemeanor, unless the person had
8previously committed such an offense. In that case, the person
9is guilty of a class “D” felony. An aggravated misdemeanor is
10punishable by confinement for no more than two years and a fine
11of at least $855 but not more than $8,540. A class “D” felony
12is punishable by confinement for no more than five years and a
13fine of at least $1,025 but not more than $10,245.
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2agricultural animal, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 716.13 Interference with
2transportation of agricultural animals.
31. As used in this section, unless the context otherwise
4requires:
5a. “Agricultural animal” means an animal belonging to
6the bovine, caprine, equine, ovine, or porcine species; farm
7deer as defined in section 170.1; ostriches, rheas, and emus;
8turkeys, chickens, domestic geese or ducks, or other domestic
9fowl; fish or other aquatic organisms confined in private
10waters for human consumption; or honey bees.
11b. (1) “Convicted” means the entry of a judgment of
12conviction under chapter 901 or adjudicated delinquent for an
13act which is an indictable offense in this state or in another
14state under chapter 232.
15(2) “Convicted” does not mean a plea, sentence,
16adjudication, deferred sentence, or deferred judgment which has
17been reversed or otherwise set aside.
18c. “Motor vehicle” means any self-propelled vehicle subject
19to registration under chapter 321, and includes an item
20attached to the vehicle.
212. A person commits interference with the transportation of
22an agricultural animal if the person knowingly does any of the
23following:
24a. Stops, hinders, impedes, boards, obstructs, or otherwise
25interferes with a motor vehicle transporting an agricultural
26animal, regardless of whether the motor vehicle is moving.
27b. Provokes, disturbs, or otherwise interacts with an
28agricultural animal when the agricultural animal is confined
29in a motor vehicle, regardless of whether the motor vehicle is
30moving.
313. In a prosecution alleging that a defendant committed
32interference with the transportation of an agricultural
33animal under subsection 2, the defendant may assert an
34affirmative defense of consent. The defendant must prove by
35a preponderance of the evidence that the defendant was acting
-1-1with the consent of any of the following:
2a. A person having real or apparent authority to transport
3the agricultural animal. This requirement is met if the person
4is a shipper or transporter acting in compliance with chapter
5172B.
6b. The owner of the agricultural animal or any other person
7having real or apparent authority to possess or control the
8agricultural animal.
94. a. A person who commits interference with the
10transportation of an agricultural animal, as provided in
11subsection 2, paragraph “a”, is guilty of an aggravated
12misdemeanor.
13b. A person who commits interference with the transportation
14of an agricultural animal, as provided in subsection 2,
15paragraph “b”, is guilty of an aggravated misdemeanor.
165. Notwithstanding subsection 4, a person who commits
17interference with the transportation of an agricultural animal
18under subsection 2, paragraph “a” or “b”, is guilty of a
19class “D” felony if the person has previously been convicted
20of committing interference with the transportation of an
21agricultural animal under either of those paragraphs.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25GENERAL. This bill creates the criminal offense (offense)
26of interference with the transportation of an agricultural
27animal. A person commits the offense by knowingly doing
28any of the following: (1) interfering with a motor vehicle
29transporting an agricultural animal or (2) interfering with
30an agricultural animal confined in the motor vehicle. An
31agricultural animal includes livestock such as cattle, goats,
32horses, sheep, and swine; exotic animals such as ostriches;
33farm deer; poultry and other domestic fowl; fish; and honey
34bees.
35AFFIRMATIVE DEFENSES AND PENALTIES. Under the bill, a
-2-1defendant charged with the offense may assert an affirmative
2defense that the person was acting with the consent of
3either of the following: (1) a person actually or apparently
4transporting the agricultural animal or (2) a person actually
5or apparently exercising legal control of the agricultural
6animal. A person convicted of an offense under the bill is
7guilty of an aggravated misdemeanor, unless the person had
8previously committed such an offense. In that case, the person
9is guilty of a class “D” felony. An aggravated misdemeanor is
10punishable by confinement for no more than two years and a fine
11of at least $855 but not more than $8,540. A class “D” felony
12is punishable by confinement for no more than five years and a
13fine of at least $1,025 but not more than $10,245.
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