Montana Code 81-30-103. Unlawful acts
81-30-103. Unlawful acts. (1) A person who does not have the effective consent of the owner may not acquire or otherwise exercise control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property or to damage the enterprise conducted at the animal facility.
Terms Used In Montana Code 81-30-103
- Animal: means any warmblooded or coldblooded animal lawfully confined for food, fur, or fiber production, agriculture and its related activities, research, testing, or education. See Montana Code 81-30-102
- Animal facility: includes a vehicle, building, structure, research facility, or premises where an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale. See Montana Code 81-30-102
- Consent: means agreement in fact, whether express or apparent. See Montana Code 81-30-102
- Deprive: means to:
(a)withhold an animal or other property from the owner permanently or for such 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 the animal or other property only upon payment of 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. See Montana Code 81-30-102
- Effective consent: means consent by the owner or by a person legally authorized to act for the owner. See Montana Code 81-30-102
- Notice: means :
(a)oral or written communication by the owner or someone with apparent authority to act for the owner;
(b)fencing or other enclosure obviously designed to exclude intruders or to contain animals; or
(c)a sign or signs posted on the property or at the entrance to a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden. See Montana Code 81-30-102
- Owner: means a person who has:
(a)title to the property; or
(b)lawful possession of the property. See Montana Code 81-30-102
- Person: means an individual, state agency, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership; two or more persons having a joint or common interest; or some other legal entity. See Montana Code 81-30-102
- Property: means real and personal property. See Montana Code 1-1-205
(2)A person who does not have the effective consent of the owner and who intends to damage the enterprise conducted at an animal facility may not:
(a)damage or destroy an animal facility or an animal or property in or on the premises of an animal facility;
(b)enter an animal facility that is at the time closed to the public with the intent to commit an act prohibited by this chapter;
(c)remain concealed in an animal facility with the intent to commit an act prohibited by this chapter;
(d)enter an animal facility and commit or attempt to commit an act prohibited by this chapter;
(e)enter an animal facility to take pictures by photograph, video camera, or other means with the intent to commit criminal defamation; or
(f)enter or remain on the premises of an animal facility if the person:
(i)had notice that the entry was forbidden; or
(ii)received notice to depart but failed to do so.
(3)The provisions of this chapter do not apply to lawful activities of a:
(a)government agency or its employees who are carrying out their duties under law or to lawful activities of a financial institution or other secured party; and
(b)humane animal treatment shelter or its employees whose primary purpose is the bona fide control or humane care of animals or the enforcement of 45-8-211.