Prohibition against possession of same genus or domestic animal
(1)(a) In addition to any other penalty imposed by law, someone convicted of violating:
or of a misdemeanor under:
may not possess any animal of the same genus against which the crime was committed or any domestic animal for a period of five (5) years following entry of the conviction
(b) In addition to any other penalty imposed by law, a person convicted of violating:
or of a felony under:
may not possess any animal of the same genus against which the crime was committed or any domestic animal for a period of fifteen (15) years following entry of the conviction. However, the sentencing court may reduce the prohibition period if the person successfully completes mental health treatment approved by the court
(2) when a anyone is convicted of possessing an animal in violation of this section, as part of the sentence the court may order the removal of that animal from the person's residence and as a condition of their probation may prohibit the them from possessing any animal of the same genus that they unlawfully possessed under this statute or against which the underlying act was committed in violation of:
(3) the animal possession prohibition described in (1) above doesn't apply to a person's first conviction if they are the owner of a commercial livestock operation and the underlying act was committed against livestock in violation of:
(4)(a) a person subject to an animal possession prohibition described in (1) above may file a motion with the sentencing court requesting a prohibition waiver. The person must file a sworn affidavit in support of the motion stating that:
(A) their conviction leading to the possession prohibition involved only livestock
(B) during the two (2) years prior to the conviction triggering the prohibition, they were the owner of a commercial livestock operation
(C) they have not been convicted, in the previous five (5) years, of a crime involving animals or domestic violence or a crime where the victim was under 18 AND
(D) Their conviction was the result of:
(ii) criminal liability of a corporation as described in 161.170 (criminal liability of corporations), and they are a corporation OR
(iii) animal neglect as described in 167.325 (animal neglect 2) or 167.330 (animal neglect 1) and their criminal conduct was not knowing or intentional
(b) when a person files a motion and affidavit described in paragraph (a) of this subsection, the sentencing court will hold a hearing. At the hearing, the sentencing court will grant the motion if the person proves by clear and convincing evidence that:
(A) continued enforcement of the prohibition against possessing livestock would result in substantial economic hardship that cannot otherwise be mitigated
(C) the person is capable of providing and willing to provide necessary, adequate and appropriate levels of care for all livestock that would come within their custody or control if the petition is granted
(c) when deciding a motion filed under this subsection, the sentencing court may consider the person's financial circumstances and mental health in determining whether the person is capable of adequately caring for livestock
(d) if the sentencing court grants the motion described in this subsection, the waiver of the prohibition against possessing animals will apply only to livestock. The sentencing court will further order that for five (5) years the person must consent to reasonable inspections by law enforcement and the United States Department of Agriculture to ensure the welfare of the livestock under the person's custody or control. A refusal to consent to a reasonable inspection described in this paragraph is contempt of court and, if the person is found in contempt, shall result in the sentencing court revoking the waiver of the possession prohibition
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