Title 40 — ANIMALS AND LIVESTOCK
42 chapters · 565 sections in this title.
SDCL § 40-38-1 Definition of terms
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Terms used in this chapter mean: (1) "Agricultural production facility," real or personal property that is used primarily for agricultural purposes, including: (a) A vehicle, building, structure, research facility, or area where an animal is kept, handled, housed, transported, ex…
SDCL § 40-38-2 Prohibited activities--Exceptions
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No person, without consent, may: (1) Intentionally damage or destroy an agricultural production facility or an animal, or obstruct any enterprise conducted at the agricultural production facility; (2) Acquire or otherwise exercise control over an agricultural production facility …
SDCL § 40-38-3 Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions
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No person may, without consent, and with the intent to obstruct the enterprise conducted at an agricultural production facility, enter or remain on the agricultural production facility, if the person had notice that the entry was forbidden or received notice to depart but failed …
SDCL § 40-38-4 Prohibited activities--Penalty
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Any person who violates subdivision 40-38-2 (1) or (6) is guilty of a Class 2 misdemeanor if there is damage of four hundred dollars or less. Any person who violates subdivision 40-38-2 (7) or (8), is guilty of a Class 2 misdemeanor. Any person who violates subdivision 40-38-2 (1…
SDCL § 40-38-5 Civil action by person damaged for three times amount of actual and consequential damages--Costs and attorney fees
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Any person who has been damaged by reason of violation of this chapter may bring an action in the circuit court against the person causing the damage to recover an amount equal to three times all actual and consequential damages. Such person may also recover his court costs and r…