New Utah Livestock Law: H.B. 166
House Bill 166 recently passed in the Utah legislature. Proposed by Delegates Snider and Sandall, it widens the definition of a livestock guard animal such as a herding dog and also stiffens penalties for offenders caught trying to steal livestock or herding pets and guard animals from farmers and ranchers. Governor Cox signed the bill into law on March 11, and it will go into effect on July 1 of this year. It also criminalizes theft of livestock agriculture. Seeing as many Utah residents are farmers, ranchers and livestock owners, this bill provides added protections for many residents who have been unfairly targeted by thieves.
What is H.B. 166?
House Bill 166, now signed into law, provides additional guidance and protection to farmers and livestock owners who have suffered economic, property, or livestock losses. It also increases penalties for alleged thieves or burglars caught stealing or attempting to steal livestock, pets, or machinery. The new law also states that the Utah Wildlife Board will not issue a livestock license, permit, or tag to a person convicted of destruction of livestock or a livestock guardian dog. Further, the bill provides for a hearing to occur if a permit holder is accused of criminal mischief or another crime regarding another’s livestock or livestock guard animals. Prior to the passing of the bill, destruction or harming of a farmer’s guard dog was not a criminal offense. Once the law goes into effect, doing so constitutes a misdemeanor and can have economic repercussions, as well. The law extends the definition of property for purposes of defining livestock and livestock infrastructure, and also establishes a presumption of ownership of a livestock guardian dog or other pet. If a defendant is convicted of a felony, the Wildlife Board will revoke the defendant’s hunting or fishing permit and refuse to renew a permit for at least seven years, and five years for conviction of a misdemeanor. Livestock property now includes fencing, stables, troughs, and any other fixture or item of personal property used by a livestock owner, rancher, or farmer. This means if a defendant is allegedly caught stealing farm fencing, a shovel, or even a bale of hay, he could be criminally charged under the new law.
Civil Claims for Personal Injury, Theft, or Injury to Property and Livestock
If you suffered a personal or economic loss due to another person’s negligence, you may have a civil personal injury claim. This claim is based in personal injury law, not criminal law. In addition, whether or not a defendant is convicted guilty of violating a statute or law has no bearing on the same actions in a civil suit. For example, if a farmer’s livestock guard dog was stolen or purposely maimed by a trespasser, the farmer could and should call the police. If they have probable cause, the police would arrest the defendant and charge him with violating the new law. In addition, the farmer could bring a civil personal injury claim against the defendant for damages sustained due to the loss of his guard dog. The farmer could seek economic and non-economic damages such as monetary relief for damage to his fencing, the fair market value for the cost of his guard dog, and damages for emotional distress due to the loss of a pet.
Contact Rocky Mountain Personal Injury Center
If you or someone you know were burglarized, robbed or suffered another property loss, you are entitled to damages. Even if the defendant is criminally charged and convicted, you will not see compensation unless you file a civil suit against them. Livestock owners depend on their guardian dogs and livestock equipment and infrastructure to complete daily tasks and make a living. H.B. 166 addressed the glaring need for protection of livestock guardians and criminal culpability for defendants committing heinous acts against livestock. If you have suffered a personal or economic loss, call our litigation attorneys at Rocky Mountain Personal Injury Center today for a free consultation.
