40-38-1. Definition of terms.
Terms used in this chapter mean:
(1)"Animal," any living vertebrate except human beings;
(2)"Animal facility," any vehicle, building, structure, research facility, premises, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale;
(3)"Consent," consent by the owner or 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 incapable of consenting;
(4)"Deprive," to:
(a)Withhold an animal or material appurtenant to an animal 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 an 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;
(5)"Owner," a person who has title to the property, legal possession of the property or a greater right to possession of the property than the other;
(6)"Possession," actual custody, control, or management; and
(7)"Research facility," any place at which any scientific test, experiment, or investigation involving the use of any living animal is carried out, conducted, or attempted.
Source: SL 1992, ch 291, §1.
Structure South Dakota Codified Laws