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House File 655 - EnrolledAn Actprohibiting interference with the transportation of an
agricultural animal, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 716.13 Interference with
transportation of agricultural animals.
1. As used in this section, unless the context otherwise
requires:
a. “Agricultural animal” means an animal belonging to
the bovine, caprine, equine, ovine, or porcine species; farm
deer as defined in section 170.1; ostriches, rheas, and emus;
turkeys, chickens, domestic geese or ducks, or other domestic
fowl; fish or other aquatic organisms confined in private
waters for human consumption; or honey bees.
b. (1) “Convicted” means the entry of a judgment of
conviction under chapter 901 or adjudicated delinquent for an
act which is an indictable offense in this state or in another
state under chapter 232.
(2) “Convicted” does not mean a plea, sentence,
adjudication, deferred sentence, or deferred judgment which has
been reversed or otherwise set aside.
c. “Motor vehicle” means any self-propelled vehicle subject
to registration under chapter 321, and includes an item
attached to the vehicle.
2. A person commits interference with the transportation of
an agricultural animal if the person knowingly does any of the
following:
a. Stops, hinders, impedes, boards, obstructs, or otherwise
interferes with a motor vehicle transporting an agricultural
animal, regardless of whether the motor vehicle is moving.
b. Provokes, disturbs, or otherwise interacts with an
agricultural animal when the agricultural animal is confined
in a motor vehicle, regardless of whether the motor vehicle is
moving.
3. In a prosecution alleging that a defendant committed
interference with the transportation of an agricultural
animal under subsection 2, the defendant may assert an
affirmative defense of consent. The defendant must prove by
a preponderance of the evidence that the defendant was acting
-1-with the consent of any of the following:
a. A person having real or apparent authority to transport
the agricultural animal. This requirement is met if the person
is a shipper or transporter acting in compliance with chapter
172B.
b. The owner of the agricultural animal or any other person
having real or apparent authority to possess or control the
agricultural animal.
4. a. A person who commits interference with the
transportation of an agricultural animal, as provided in
subsection 2, paragraph “a”, is guilty of an aggravated
misdemeanor.
b. A person who commits interference with the transportation
of an agricultural animal, as provided in subsection 2,
paragraph “b”, is guilty of an aggravated misdemeanor.
5. Notwithstanding subsection 4, a person who commits
interference with the transportation of an agricultural animal
under subsection 2, paragraph “a” or “b”, is guilty of a
class “D” felony if the person has previously been convicted
of committing interference with the transportation of an
agricultural animal under either of those paragraphs.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 655, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernorda/ns
agricultural animal, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 716.13 Interference with
transportation of agricultural animals.
1. As used in this section, unless the context otherwise
requires:
a. “Agricultural animal” means an animal belonging to
the bovine, caprine, equine, ovine, or porcine species; farm
deer as defined in section 170.1; ostriches, rheas, and emus;
turkeys, chickens, domestic geese or ducks, or other domestic
fowl; fish or other aquatic organisms confined in private
waters for human consumption; or honey bees.
b. (1) “Convicted” means the entry of a judgment of
conviction under chapter 901 or adjudicated delinquent for an
act which is an indictable offense in this state or in another
state under chapter 232.
(2) “Convicted” does not mean a plea, sentence,
adjudication, deferred sentence, or deferred judgment which has
been reversed or otherwise set aside.
c. “Motor vehicle” means any self-propelled vehicle subject
to registration under chapter 321, and includes an item
attached to the vehicle.
2. A person commits interference with the transportation of
an agricultural animal if the person knowingly does any of the
following:
a. Stops, hinders, impedes, boards, obstructs, or otherwise
interferes with a motor vehicle transporting an agricultural
animal, regardless of whether the motor vehicle is moving.
b. Provokes, disturbs, or otherwise interacts with an
agricultural animal when the agricultural animal is confined
in a motor vehicle, regardless of whether the motor vehicle is
moving.
3. In a prosecution alleging that a defendant committed
interference with the transportation of an agricultural
animal under subsection 2, the defendant may assert an
affirmative defense of consent. The defendant must prove by
a preponderance of the evidence that the defendant was acting
-1-with the consent of any of the following:
a. A person having real or apparent authority to transport
the agricultural animal. This requirement is met if the person
is a shipper or transporter acting in compliance with chapter
172B.
b. The owner of the agricultural animal or any other person
having real or apparent authority to possess or control the
agricultural animal.
4. a. A person who commits interference with the
transportation of an agricultural animal, as provided in
subsection 2, paragraph “a”, is guilty of an aggravated
misdemeanor.
b. A person who commits interference with the transportation
of an agricultural animal, as provided in subsection 2,
paragraph “b”, is guilty of an aggravated misdemeanor.
5. Notwithstanding subsection 4, a person who commits
interference with the transportation of an agricultural animal
under subsection 2, paragraph “a” or “b”, is guilty of a
class “D” felony if the person has previously been convicted
of committing interference with the transportation of an
agricultural animal under either of those paragraphs.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 655, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernorda/ns