House Bill 1196 (COMMITTEE SUBSTITUTE)
By: Representatives Smith of the 18th, Miller of the 62nd, Hong of the 103rd, LaHood of the
175th, Fleming of the 114th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-7-21.2 of the Official Code of Georgia Annotated, relating to
criminal trespass involving a wild animal, so as to provide for the offense of criminal trespass
involving a wild animal; to provide for definitions; to provide for penalties; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-7-21.2 of the Official Code of Georgia Annotated, relating to criminal
trespass involving a wild animal, is amended as follows:
"16-7-21.2.
(a) As used in this Code section, the term:
<ins>(1) 'Foreign object or substance' means any item or substance in solid, liquid, or gaseous
form, including, but not limited to, anything likely to be consumed, inhaled, or absorbed
by the animal, electronics, biological material, rocks, sticks, chemicals, fluids, or any
item or substance not authorized by an individual with legal authority over said wild
animal.
</ins>
(2) 'Harass' means to engage in any act which demonstrates a disregard for the
well-being of a wild animal, or which creates the likelihood of injury to, <ins>the infliction of
stress to,</ins> or disrupts normal behavior patterns of the wild animal, such as feeding,
watering, resting, and breeding.
(3) 'Wild animal' means any <del>land or sea</del> animal currently or historically found in the
wild, <del>other than a domestic animal or livestock, including an animal</del> kept, exhibited, or
housed at any facility operating with the purpose of public visitation, conservation,
education, or science, including, but not limited to, a zoological institution as defined in
paragraph (87) of Code Section 48-8-3, and any animal kept, exhibited, or housed in
aquariums, safaris, or animal sanctuaries. <ins>Such term shall include any domestic animal
or livestock housed, kept, or maintained by any person or corporation that is not operating
with the purpose of public visitation, conservation, education, or science.
</ins> (b)(1) A person commits the offense of criminal trespass involving a wild animal in the
first degree if such person enters <ins>or knowingly causes a foreign object or substance to
enter</ins> a cage, enclosure, or other area where a wild animal is housed or otherwise
contained, into which the person knows he or she has no legal authority, license, or
permission to enter, and harasses the wild animal and such wild animal suffers an injury
or death.
(2) A person commits the offense of criminal trespass involving a wild animal in the
second degree if such person enters <ins>or knowingly causes a foreign object or substance to
enter</ins> a cage, enclosure, or other area where a wild animal is housed or otherwise
contained, into which the person knows he or she has no legal authority, license, or
permission to enter.
<ins>(3) A person commits the offense of criminal trespass involving a wild animal in the
third degree if such person knowingly interferes with the operation, functionality, or
integrity of a cage, enclosure, or other area where a wild animal is housed or otherwise
contained.
</ins>
(c)(1) A person convicted of the offense of criminal trespass involving a wild animal in
the first degree shall be guilty of a felony and shall be punished by imprisonment for not
less than one nor more than ten years.
(2) A person convicted of the offense of criminal trespass involving a wild animal in the
second degree shall be guilty of a misdemeanor and punished by imprisonment for not
more than 12 months.
<ins>(3) A person convicted of the offense of criminal trespass involving a wild animal in the
third degree shall be guilty of a misdemeanor and punished by imprisonment for not more
than 12 months.
</ins> (d) In addition to any other fine, penalty, or restitution which may be imposed by law, such
person would be liable for the cost of any damage to, and loss of, property connected to the
criminal trespass, including, but not limited to, the injury or death of the wild animal <ins>or
person securing, assisting, or caring for the animal.
</ins> (e) It shall not be an affirmative defense to prosecution under this Code section that:
(1) Entry into the cage, enclosure, or other area where the wild animal was housed or
otherwise contained was not sufficiently guarded, locked, or otherwise made inaccessible
so as to prevent entry into the cage, enclosure, or other area;
(2) The wild animal was provoked by means other than the presence of the person in the
cage, enclosure, or other area; or
(3) Injury to the wild animal was necessary to protect the person from injury or death.
(f) Subsection (b) of this Code section shall not apply to a person who enters a cage,
enclosure, or other area for the purpose of aiding another person or a wild animal in the
cage, enclosure, or other area.
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.