{"data":{"id":"us-sd/sdcl-40-38-1","jurisdiction":"us-sd","citation":"SDCL § 40-38-1","heading":"Definition of terms.","body":"Terms used in this chapter mean:\n(1) \"Agricultural production facility,\" real or personal property that is used primarily for agricultural purposes, including:\n(a) A vehicle, building, structure, research facility, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale; or\n(b) A barn, crop field, elevator, garden, greenhouse, nursery, orchard, research facility, seedhouse, warehouse, structure, machinery, or equipment;\n(2) \"Animal,\" any living vertebrate except human beings;\n(3) \"Consent,\" permission by the owner or by a person legally authorized to act for the owner. Consent is not effective if:\n(a) Induced by force or threat;\n(b) Given by a person the offender knows is not legally authorized to act for the owner; or\n(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;\n(4) \"Crop,\" a plant or plant product that is grown for food, feed, fiber, forage, or fuel;\n(5) \"Deception,\" the act of knowingly:\n(a) Creating or confirming another person's belief or impression as to the existence or nonexistence of a fact or condition that is false and that the actor does not believe to be true; or\n(b) Failing to correct a false belief or impression as to the existence or nonexistence of a fact or condition that the actor previously created or confirmed;\n(6) \"Deprive,\" to:\n(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;\n(b) Restore an animal or property only upon payment of a reward or other compensation; or\n(c) Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely;\n(7) \"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;\n(8) \"Possession,\" actual custody, control, or management; and\n(9) \"Research facility,\" any place at which any scientific test, experiment, or investigation involving the use of any living animal or crop is carried out, conducted, or attempted.","path":["TITLE 40. ANIMALS AND LIVESTOCK","CHAPTER 40-38. PROTECTION OF ANIMAL FACILITIES"],"source_url":"https://sdlegislature.gov/Statutes/40-38-1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"37c645d276c103e071f546414442425db13dd4c1279c5d90c5a87d2fec61a8f8","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-40-37-19","next":"us-sd/sdcl-40-38-2"},"notice":"GroundRules: Original legal text. Not legal advice."}