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North Dakota Century Code Title 12.1. Criminal Code § 12.1-21.1-01. Definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

In this chapter, unless the context otherwise requires:

1. “Animal” means any living organism that is used in food, fur, or fiber production, agriculture, research, testing, or education. The term does not include a human being, plant, or bacteria.

2. “Animal facility” means any vehicle, building, structure, research facility, premises, or defined area where an animal is kept, handled, housed, exhibited, bred, or offered for sale.

3. “Deprive” means to:

a. Withhold an animal or other property 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 the 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.

4. “Effective consent” includes consent 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 unable to make a reasonable decision.

5. “Owner” means a person who has title to the property, possession of the property, or a greater right to possession of the property than the actor.

6. “Possession” means actual care, custody, control, or management.

7. “Research facility” means any place at which any scientific test, experiment, or investigation involving the use of any living animal is carried out, conducted, or attempted.

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Cite this article: FindLaw.com - North Dakota Century Code Title 12.1. Criminal Code § 12.1-21.1-01. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-12-1-criminal-code/nd-cent-code-sect-12-1-21-1-01/

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