Skip navigation

Center for Media and Democracy Alec Model Legislation Animal and Ecological Terrorism Act

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
Exposed
ALEC EXPOSED
Search

ABOUT

GO

MEMBERS

By the Center for
Media and Democracy
www.prwatch.org

D I D Y O U K N O W ? Corporations VOTED LOGIN
to adopt this. Through ALEC, global companies
| LOGOUT | HOME | JOIN ALEC | CONTACT
work as “equals” in “unison” with politicians to write laws to govern your life. Big
MODEL LEGISLATION
TASK FORCES
ALEC INITIATIVES
PUBLICATIONS
Business has “a VOICE and a VOTE,” according to newly exposed documents. DO YOU?

EVENTS & MEETINGS

“ALEC”
has long been a
NEWS
secretive collaboration
between
BigLegislation
Business and
Model
“conservative”
politicians.
Civil Justice
Behind closed doors, they
Commerce,
Insurance,
ghostwrite
“model”
bills to
and Economic
be introduced
in state
Development
capitols across the country.
This agenda--underwritten
Education
by global corporations-Energy,
includes
majorEnvironment,
tax
and Agriculture
loopholes for big industries
and the
superRelations
rich,
Federal
proposals to offshore U.S.
Health and Human
jobs and
gut minimum
Services
wage, and efforts to
weaken
public health,
International
Relations
safety, and environmental
Public Safety and
protections.
Although many
Elections
of these bills have become
law, until
their Policy
origin
Tax now,
and Fiscal
has been largely unknown.
Telecommunications
With ALEC
EXPOSED, the
and Information
CenterTechnology
for Media and
Democracy hopes more
Americans will study the
Print this Page
bills to understand the
depth and Text-Only
breadth Page
of how
big corporations
are
Email this Page
changing the legal rules
and undermining democracy
across the nation.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

Home

Model Legislation

Public Safety and Elections

The Animal and Ecological Terrorism Act (AETA)

Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This act creates penalties for persons encouraging, financing, assisting or engaged in
{optional language insert “politically motivated”} acts of animal and ecological terrorism.

Model Legislation

Section 1. {Short Title} This act shall be known as The Animal Ecological Terrorism
Act.

Section 2. {Definitions}

A. "Animal" means any warm-blooded or cold-blooded animal lawfully confined for food,
fur, or fiber production, agriculture and its related activities, research, testing, education
or wildlife.

B. “Animal activities” means any activity involving the use of animals or animal parts to
include hunting, fishing, trapping, traveling, camping, production, preparation or
processing of food or food products, clothing or garment manufacturing, medical or other
research, entertainment, recreation, retail, agriculture, biotechnology, or any other
services involving the use of animals, including the sale of any products therein.

C. "Animal facility" includes a vehicle, building, structure, research facility, nature
preserve or other premises where an animal is lawfully kept, handled, housed, exhibited,
bred, or offered for sale, to include a zoo, rodeo, circus, amusement park, hunting
preserve and horse and dog event.

D. “Animal or ecological terrorist organization” means any association, organization,
entity, coalition, or combination of two or more persons with the primary or incidental
purpose of supporting any {optional language insert “politically motivated”} activity
through intimidation, coercion, force, or fear that is intended to obstruct, impede or deter
any person from participating in a lawful animal activity, animal facility, research facility,
or the lawful activity of construction, mining, foresting, harvesting, gathering or
processing natural resources.

E. "Consent" means agreement in fact, whether express or apparent. Absence of either
verbal or nonverbal communication shall not be construed to fall under this definition.

F. “Ecological” means the relationship between organisms and their environment.

G. "Effective consent" means consent by the owner or by a person legally authorized to
act for the owner. Absence of either verbal or nonverbal communication shall not be

construed fall under this definition. Consent is not effective if it is:

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(1) induced by force or threat;

(2) given by a person that the offender knows or reasonable should have known is not an
agent for the owner; or

(3) given by a person who by reason of youth, mental disease or defect, or being under
the influence of drugs or alcohol is known by the offender to be unable to make
reasonable decisions.

H. “Natural resource” means a material source of wealth, such as timber, fresh water, or a
mineral deposit, that occurs in a natural state and has economic value.

I. "Notice" means:

(1) oral or written communication by the owner or someone with apparent authority to
act for the owner;

(2) fencing or other enclosure obviously designed to exclude intruders or to contain
animals; or

(3) a sign or signs posted on the property or at the entrance to a building that are
reasonably likely to come to the attention of intruders and that indicate that entry is
forbidden.

J. "Owner" means a person who has:

(1) title to the property; or

(2) lawful possession of the property.

K. "Person" means an individual, governmental unit, corporation, association, nonprofit
corporation, joint-stock company, firm, trust, partnership, limited liability company, two
or more persons having a joint or common interest, or some other legal entity.

L. "Possession" means actual care, custody, control, or management.

M. "Research facility" means a place, laboratory, institution, medical care facility,
government facility, elementary school, high school, college, university, or nature
preserve at which a scientific test, experiment, or investigation involving the use of
animals or other ecological organisms is lawfully carried out, conducted, or attempted.

N. {Optional language insert “Politically motivated” means any activity where the
principle purpose is to influence a unit of government to take a specific action or to
persuade the public to take specific action, or to protest the actions of a unit of
government, corporation, organization or the public at large.}

Section 3. {Prohibited Acts}

A. An animal or ecological terrorist organization or any person acting on its behalf or at its
request or for its benefit or any individual whose intent to commit the activity was
{optional language insert “politically motivated”} is prohibited from:

1. Depriving the owner of an animal or natural resource from participating in an animal or
natural resource activity by:

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(a) obstructing the lawful use of an animal, natural resource or other property from the
owner permanently or for such a period of time that a significant portion of the value or
enjoyment of the animal, natural resource or property is lost to the owner by way of
coercion, fear, intimidation, or property damage.

(b) taking or detaining the animal, natural resource or other property and agree to
restore it only upon reward or other compensation; or

(c) disposing of an animal, natural resource or other property or to so alter its condition or
usefulness that the value of the animal, natural resource or other property is substantially
reduced.

2. Obstructing or impeding the use of an animal facility or the use of a natural resource
without the effective consent of the owner by:

(a) damaging or destroying an animal or research facility, or other property in or on the
premises;

(b) entering an animal or research facility that is at the time closed to the public;

(c) remaining concealed in an animal or research facility with the intent to commit an act
prohibited by this chapter;

(d) entering an animal or research facility and committing or attempting to commit an
act prohibited by this chapter;

(e) entering an animal or research facility to take pictures by photograph, video camera,
or other means with the intent to commit criminal activities or defame the facility or its
owner;

(f) entering or remaining on the premises of an animal or research facility if the person or
organization:

(i) had notice that the entry was forbidden; or,

(ii) received notice to depart but failed to do so.

3. Participating in or supporting animal or ecological terrorism to include raising,
soliciting, collecting or providing any person with material, financial support or other
resources such as lodging, training, safe houses, false documentation or identification,
communications, equipment or transportation that will be used in whole or in part, to
encourage, plan, prepare, carry out, publicize, promote or aid an act of animal or
ecological terrorism, the concealment of, or an escape from, an act of animal or ecological
terrorism.

B. The provisions of this chapter do not apply to activities of a:

1. Government agency or its employees who are carrying out their responsibilities under
law or to lawful activities of a financial institution or other secured party; and

2. Humane animal treatment shelter or its employees whose primary purpose is the bona
fide control or humane care of animals shelter when acting within the scope of their
employment.

Section 4. {Damages and Penalties}

A. A person that violates the Animal and Ecological Terrorism Act and that results in $500
or less in physical damage or destruction of property shall be guilty of a {enter
appropriate high degree misdemeanor} and fined not more than {insert appropriate
dollar amount} or be imprisoned in the county jail for a term not to exceed {insert

appropriate time period}, or both.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

B. A person that violates the Animal and Ecological Terrorism Act and that results in more
than $500 in physical damage or destruction of property shall be guilty of a {enter
appropriate low degree felony} and fined not more than {insert appropriate dollar
amount} or be imprisoned in the state prison for a term not to exceed {insert
appropriate time period}, or both.

C. Any person convicted of or that pleads guilty to violating the Animal and Ecological
Terrorism Act and such activity intentionally or negligently results in bodily harm to any
individual, the penalty classification shall be elevated one (1) degree. [Optional to make a
distinction between penalties for intentional and negligent guilt, with stiffer penalty gong
to intentional act.]

D. A person who has been damaged by a violation of the Animal and Ecological Terrorism
Act may bring against the person who caused the damage an action in {enter name of
appropriate court} court to recover:

1. an amount equal to three times all economic damages to include the cost of lost or
damaged property, records, the cost of repeating an interrupted or invalidated
experiment, loss of profits or other consequential damages; and

2. court costs and reasonable attorney fees.

Section 5. {Terrorist Registry} There is hereby created the registry of animal and

ecological terrorists. A person who is convicted of or pleads guilty to an act that violates
any section of the Animal and Ecological Terrorism Act shall be registered with the
Attorney General on a form prescribed by the Attorney General. The registry shall contain
the name, a current residence address, a recent photograph and signature of the
offender. The offender is required to provide written notice to the Attorney General
regarding any change in name or residence address within thirty (30) days of making the
change. The Attorney General shall create a website containing the information set forth
in this paragraph for each person who is convicted or pleads guilty to a violation of this
Act. Information regarding an offender shall remain on the website for no less than three
(3) years at which time the registrant may apply to the Attorney General for removal after
a hearing on the application for removal.

Adopted by ALEC's Criminal Justice Task Force at the States and Nation Policy Summit
December 14, 2002; amended at the Annual Meeting July 31, 2003; amended at the
States and Nation Policy Summit December 11, 2003. Approved by full ALEC Board of
Directors January, 2004.

About Us and ALEC EXPOSED. The Center for
MediaMembers
and Democracy
reportsEvents
on corporate
spin and government
About
Login
Logout
& Meetings
propaganda.! We are located in Madison,
Wisconsin,
publish
www.PRWatch.org,
www.SourceWatch.org,
Model Legislation
Taskand
Forces
ALEC
Initiatives
Publications
Home
Join contact:
ALEC
Contact
News
and now www.ALECexposed.org. For more information
editor@prwatch.org
or 608-260-9713.