40-38-1. Definition of terms. Terms used in this chapter mean:

(1) "Animal," any living vertebrate except human beings;

(2) "Animal facility," any vehicle, building, structure, research facility, premises, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale;

(3) "Consent," consent 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) "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;

(5) "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;

(6) "Possession," actual custody, control, or management; and

(7) "Research facility," any place at which any scientific test, experiment, or investigation involving the use of any living animal is carried out, conducted, or attempted.Source: SL 1992, ch 291, § 1.