TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 70

TRESPASS AND MALICIOUS INJURIES TO PROPERTY

18-7043.  INTENTIONAL BREACH OF BIOSECURITY. (1) It is unlawful for a person to knowingly commit any of the following acts in the state of Idaho with the intent to damage, poison or infect the crops, livestock, products or facilities of an agricultural facility or agricultural operation as defined in section 22-4502, Idaho Code, without the knowledge and consent of the owner of the agricultural facility or agricultural operation:

(a)  Release or spread any type of contagious, communicable or infectious disease or poison;

(b)  Attempt to release or spread any type of contagious, communicable or infectious disease or poison;

(c)  Aid, abet or conspire with another person to release or spread any type of contagious, communicable or infectious disease or poison.

(2)  Any person or persons violating any provision of this section shall be:

(a)  Guilty of a misdemeanor when the damage to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation itself is one thousand dollars ($1,000) or less;

(b)  Guilty of a felony and upon conviction thereof shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment, when the value of the damage to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation itself is in excess of one thousand dollars ($1,000).

(3)  Nothing in this section shall be construed to limit the court’s power to order restitution equal to the extent of the damage suffered to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation.

(4)  Nothing in this section shall be construed to limit an agricultural facility or agricultural operation from proceeding in a civil action to seek any lawful civil remedy.

(5)  The provisions of this section are hereby declared severable and if any provision of this section or the application of such provision to any person or circumstances is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.

History:

[18-7043, added 2016, ch. 286, sec. 1, p. 789.]