☰ Revisor of Missouri

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 578

< > Effective - 28 Aug 1992, 2 histories, see footnote (history) bottom

  *578.409.  Until December 31, 2016 — Penalties for violations. — 1.  Any person who violates section 578.407**:

  (1)  Shall be guilty of a misdemeanor for each such violation unless the loss, theft, or damage to the animal facility exceeds three hundred dollars in value;

  (2)  Shall be guilty of a class D felony if the loss, theft, or damage to the animal facility property exceeds three hundred dollars in value but does not exceed ten thousand dollars in value;

  (3)  Shall be guilty of a class C felony if the loss, theft, or damage to the animal facility property exceeds ten thousand dollars in value but does not exceed one hundred thousand dollars in value;

  (4)  Shall be guilty of a class B felony if the loss, theft, or damage to the animal facility exceeds one hundred thousand dollars in value.

  2.  Any person who intentionally agrees with another person to violate section 578.407** and commits an act in furtherance of such violation shall be guilty of the same class of violation as provided in subsection 1 of this section.

  3.  In the determination of the value of the loss, theft, or damage to an animal facility, the court shall conduct a hearing to determine the reasonable cost of replacement of materials, data, equipment, animals, and records that were damaged, destroyed, lost, or cannot be returned, as well as the reasonable cost of lost production funds and repeating experimentation that may have been disrupted or invalidated as a result of the violation of section 578.407**.

  4.  Any persons found guilty of a violation of section 578.407** shall be ordered by the court to make restitution, jointly and severally, to the owner, operator, or both, of the animal facility, in the full amount of the reasonable cost as determined under subsection 3 of this section.

  5.  Any person who has been damaged by a violation of section 578.407** may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing such damage.

  6.  Nothing in sections 578.405 to 578.412*** shall preclude any animal facility injured in its business or property by a violation of section 578.407** from seeking appropriate relief under any other provision of law or remedy including the issuance of an injunction against any person who violates section 578.407**.  The owner or operator of the animal facility may petition the court to permanently enjoin such persons from violating sections 578.405 to 578.412*** and the court shall provide such relief.

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(L. 1992 S.B. 498 § 4)

*This section was repealed by S.B. 491, 2014, effective 1-01-17.  Due to the delayed repeal date, the version of this section in effect until 12-31-16 is printed here.

**Section "4" appears in original rolls.  Sections were renumbered when bill was amended.

***Sections "1 to 6" appear in original rolls.  Sections were renumbered when bill was amended.


---- end of effective  28 Aug 1992 ----

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