Iowa lawmakers have introduced two bills (SF 341 and HF 431) that would make it a crime for activists to procure evidence of animal abuse by factory operations. Many of the past disclosures of abuse by circuses and industry have been the result of activists gaining access to factory operations through employment (as here). This law would specifically target such investigations to protect these companies.

News organizations have already sharply curtailed undercover reporting that was once the gold standard for journalism. This change followed the ruling in the Food Lion case.
In Food Lion v. ABC , a store was shown in an undercover segment engaging in unsanitary techniques and accused Food Lion of selling rat-gnawed cheese, meat that was past its expiration date and old fish and ham that had been washed in bleach to kill the smell. Food Lion denied the allegations and sued ABC for trespass. A jury ruled against ABC and awarded Food Lion punitive damages for the investigation involving ABC journalists lying on their application forms and assuming positions under false pretenses. (here). The Fourth Circuit however wiped out the punitive damage award while upholding the verdicts of trespass and breach of loyalty with awards of only $1 for each.

That case, however, showed that there are existing claims of trespass and fraud that can be brought. This law, however, would add heavy criminal penalties. Here is the language of the pertinent parts:

Sec. 9. NEW SECTION. 717A.2A Animal facility interference.

1. A person is guilty of animal facility interference, if the person acts without the consent of the owner of an animal facility to willfully do any of the following:

a. Produce a record which reproduces an image or sound occurring at the animal facility as follows:

(1) The record must be created by the person while at the animal facility. The record must be a reproduction of a visual or audio experience occurring at the animal facility, including but not limited to a photographic or audio medium.

b. Possess or distribute a record which produces an image or sound occurring at the animal facility which was produced as provided in paragraph “a”.

c. Exercise control over the animal facility including an animal maintained at the animal facility or other property kept at the animal facility, with intent to deprive the animal facility of the animal or property.

d. Enter onto the animal facility, or remain at the animal facility, if the person has notice that the facility is not open to the public. A person has notice that an animal facility is not open to the public if the person is provided notice before entering onto the facility, or the person refuses to immediately leave the facility after being informed to leave. The notice may be in the form of a written or verbal communication by the owner, a fence or other enclosure designed to exclude intruders or contain animals, or a sign posted which is reasonably likely to come to the attention of an intruder and which indicates that entry is forbidden.

2. A person who commits the offense of animal facility interference is guilty of the following:
a. For the first conviction, the person is guilty of an aggravated misdemeanor.
b. For a second or subsequent conviction, the person is guilty of a class “D” felony.

3. A person convicted of animal facility interference is subject to an order of restitution as provided in chapter 910.

Sec. 10. NEW SECTION. 717A.2B Animal facility fraud.

1. A person is guilty of animal facility fraud, if the person willfully does any of the following:
a. Obtains access to an animal facility by false pretenses for the purpose of committing an act not authorized by the owner of the animal facility.

b. Makes a false statement or representation as part of an application to be employed at the animal facility, if the person knows it to be false.

2. A person who commits the offense of animal facility fraud is guilty of the following:
a. For the first conviction, the person is guilty of an aggravated misdemeanor.
b. For a second or subsequent conviction, the person is guilty of a class “D” felony.

3. A person convicted of animal facility fraud is subject to an order of restitution as provided in chapter 910.

Sec. 11. NEW SECTION. 717A.2C Animal facilities ==== civil actions.
1. A person suffering damages resulting from the commission of animal facility tampering as provided in section 717A.2 or animal facility interference as provided in section 717A.2A may bring an action in the district court against the person causing the damages to recover all of the following:
a. An amount equaling three times all actual and consequential damages.
b. Court costs and reasonable attorney fees.

2. In addition to awarding damages as provided in subsection 1, a court may grant any equitable relief that the court determines is appropriate. Nothing in this chapter shall prevent a party from petitioning a court for equitable relief.

Source: Press Citizen