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§ 40-38-2 Prohibited activities--Exemption for lawful activities of governmental agencies.

SD Codified L § 40-38-2 (2019) (N/A)
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40-38-2. Prohibited activities--Exemption for lawful activities of governmental agencies. No person, without consent, may:

(1) Intentionally damage or destroy an animal facility, an animal, or property in or on the animal facility, or obstruct any enterprise conducted at the animal facility;

(2) Acquire or otherwise exercise control over an animal facility or an animal or other property from an animal facility with the intent to deprive the owner or to obstruct the enterprise conducted at the facility;

(3) Enter an animal facility, not then open to the public, with intent to commit any act prohibited by this section;

(4) Enter an animal facility and remain concealed, with intent to commit any act prohibited by this section;

(5) Enter an animal facility and commit or attempt to commit any act prohibited by this section; or

(6) Intentionally turn out or release any animal in or on an animal facility.

This section does not apply to lawful activities of a governmental agency carrying out its duties under law.

Source: SL 1992, ch 291, § 2.

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§ 40-38-3 Entering or remaining in animal facility where entry forbidden or notice to depart received--"Notice" defined--Exemption for lawful activities of governmental agencies.