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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 569

previous next Effective - 01 Jan 2017, see footnotebottom

  569.132.  Prohibited acts — involving crops — penalties. — 1.  This section shall be known and may be cited as the "Crop Protection Act".

  2.  A person commits the offense of prohibited acts involving crops if he or she:

  (1)  Intentionally causes the loss of any crop;

  (2)  Damages, vandalizes, or steals any property in or on land on which a crop is located;

  (3)  Obtains access to a crop by false pretenses for the purpose of performing acts not authorized by the landowner;

  (4)  Enters or otherwise interferes with a crop with the intent to destroy, alter, duplicate or obtain unauthorized possession of such crop;

  (5)  Knowingly obtains, by theft or deception, control over a crop for the purpose of depriving the rightful owner of such crop, or for the purpose of destroying such crop; or

  (6)  Enters or remains on land on which a crop is located with the intent to commit an act prohibited by this section.

  3.  The offense of prohibited acts involving crops is a class A misdemeanor for each such violation unless:

  (1)  The loss or damage to the crop is seven hundred fifty dollars or more, in which case it is a class E felony;

  (2)  The loss or damage to the crop is one thousand dollars or more, in which case it is a class D felony;

  (3)  The loss or damage to the crop is twenty-five thousand dollars or more, in which case it is a class C felony;

  (4)  The loss or damage to the crop is seventy-five thousand dollars or more, in which case it is a class B felony.

  4.  Any person who has been damaged by a violation of this section shall have a civil cause of action under section 537.353.

  5.  Nothing in this section shall preclude any owner or operator injured in his or her business or on his or her property by a violation of this section from seeking appropriate relief under any other provision of law or remedy including the issuance of an injunction against any person who violates this section.  The owner or operator of the business may petition the court to permanently enjoin such persons from violating this section, and the court shall provide such relief.

  6.  The director of the department of agriculture shall have the authority to investigate any alleged violation of this section, along with any other law enforcement agency, and may take any action within the director's authority necessary for the enforcement of this section.  The attorney general, the highway patrol, and other law enforcement officials shall provide assistance required for the investigation.

  7.  The director may promulgate rules and regulations necessary for the enforcement of this section.  Any rule or portion of a rule, as that term is defined in section 536.010 that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after January 1, 2017, shall be invalid and void.

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(L. 2001 S.B. 462, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.416; Effective 1-01-17


---- end of effective   01 Jan 2017 ----

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