16-7-21.2. Criminal trespass involving a wild animal.

As used in this Code section, the term:#

1. (1)

   “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 or disrupts normal behavior patterns of the wild animal, such as feeding, watering, resting, and breeding.#

2. (2)

   “Wild animal” means any land or sea animal currently or historically found in the wild, other than a domestic animal or livestock, including an animal 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.#

1. (1)

   A person commits the offense of criminal trespass involving a wild animal in the first degree if such person enters 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. (2)

   A person commits the offense of criminal trespass involving a wild animal in the second degree if such person enters 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.#

1. (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. (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.#

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.#

It shall not be an affirmative defense to prosecution under this Code section that:#

1. (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. (2)

   The wild animal was provoked by means other than the presence of the person in the cage, enclosure, or other area; or#

3. (3)

   Injury to the wild animal was necessary to protect the person from injury or death.#

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.#