578.409. Penalties for violations. - Missouri Statutes

Penalties for violations.

578.409. 1. Any person who violates section 578.407*:

(1) Shall be guilty of a misdemeanor for each suchviolation unless the loss, theft, or damage to the animalfacility 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 hundreddollars in value but does not exceed ten thousand dollars invalue;

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

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

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

3. In the determination of the value of the loss, theft, ordamage to an animal facility, the court shall conduct a hearingto 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 reasonablecost of lost production funds and repeating experimentation thatmay have been disrupted or invalidated as a result of theviolation of section 578.407*.

4. Any persons found guilty of a violation of section578.407* shall be ordered by the court to make restitution,jointly and severally, to the owner, operator, or both, of theanimal facility, in the full amount of the reasonable cost asdetermined under subsection 3 of this section.

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

6. Nothing in sections 578.405 to 578.412** shall precludeany animal facility injured in its business or property by aviolation of section 578.407* from seeking appropriate reliefunder any other provision of law or remedy including the issuanceof an injunction against any person who violates section 578.407*.The owner or operator of the animal facility may petition thecourt to permanently enjoin such persons from violating sections578.405 to 578.412** and the court shall provide such relief.

(L. 1992 S.B. 498 § 4)

*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.