HSB 188

GENERAL. This bill creates the criminal offense (offense) of interference with the transportation of an agricultural animal. A person commits the offense by knowingly doing any of the following: (1) interfering with a motor vehicle transporting an agricultural animal or (2) interfering with an agricultural animal confined in the motor vehicle. An agricultural animal includes livestock such as cattle, goats, horses, sheep, and swine; exotic animals such as ostriches; farm deer; poultry and other domestic fowl; fish; and honey bees. AFFIRMATIVE DEFENSES AND PENALTIES. _____ defendant charged with the offense may assert an affirmative defense that the person was acting with the consent of either of the following: (1) a person actually or apparently transporting the agricultural animal or (2) a person actually or apparently exercising legal control of the agricultural animal. A person convicted of an offense under the bill is guilty of an aggravated misdemeanor, unless the person had previously committed such an offense. In that case, the person is guilty of a class “D” felony. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.