The Power of Monsanto over State Legislatures: Why would Louisiana Enact a Statute Specifically to Criminalize “Damage to Genetically Engineered Crops”—ordinary Trespass, Theft, Criminal Mischief Laws were not enough? 5 years hard labor away anyone who damages even “Genetically Engineered Crop Information”—whatever that means


Louisiana Revised Statutes                RS §14:56.3 Criminal damage to genetically engineered crops, genetically engineered crop facilities, or genetically engineered crop information

§56.3.  Criminal damage to genetically engineered crops, genetically engineered crop facilities, or genetically engineered crop information

A.  As used in this Section, the following words and phrases shall have the following meanings ascribed to them:

(1)  “Crop” means any product which is grown for food or fiber, and includes food intended for human consumption, food intended for animal consumption, fiber intended for any purpose, and any other agricultural, silvicultural, or aquacultural crop.

(2)  “Crop facility” means any greenhouse, enclosure, building, or other structure which is used in the production of crops.

(3)  “Crop information” means any information about crops and includes records, documents, education materials, or other information concerning research on crops, testing of crops, and production of crops, whether the information is in handwritten, typewritten, printed, or in electronic form.

(4)  “Genetically engineered crop” means any crop which has been altered genetically through selective breeding, interbreeding, crossbreeding, exposure to radiation, exposure to chemicals, introduction of genetic material, or by any other means or process.

B.  Criminal damage to genetically engineered crops is the intentional damaging, by any means, of any genetically engineered crops which are owned by another person, without the consent of the owner.

C.  Criminal damage to genetically engineered crop facilities is the intentional damaging, by any means of any facility used in the production, or storage, or analysis of any genetically engineered crops which are owned by another person, without the consent of the owner.

D.  Criminal damage to genetically engineered crop information is the intentional damaging, by any means of any information concerning the production or analysis of any genetically engineered crops which are owned by another person, without the consent of the owner.

E.  Whoever commits the crime of criminal damage to genetically engineered crops, or the crime of criminal damage to genetically engineered crop facilities, or the crime of criminal damage to genetically engineered crop information shall be fined not more than ten thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.  In addition, the court may order a convicted defendant to pay restitution to the victim.

Acts 2001, No. 1081, §1.

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