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Utah theft defense bill aims to close legal loopholes for activists

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The theft defense amendments bill — officially designated as HB 114 in the 2023 Utah Legislature — aims to shutter loopholes for animal theft. If signed into law, the state’s Criminal Code would be changed to disallow activists (or anyone) from removing livestock from an owner — even if an animal is sick, injured, or a liability to the owner. 

The bill comes on the heels of an October trial that found animal-rights activists Wayne Hsiung and Paul Picklesimer not guilty after the two removed pigs from a Smithfield farm in 2017.

According to reports, the two Direct Action Everywhere (DxE) members removed two piglets from the Smithfield Foods Circle Four Farm in Millford, Utah, claiming that they were saving them from sickness and starvation.

So far, HB 114has passed both houses of the Utah Legislature and awaits final passage (or veto) by the governor. While Republican Utah Gov. Spencer Cox has not signed the bill yet, news reports indicate that he’s indicated support for the bill. In a recording of the PBS Utah Governor’s Press Conference program, Cox said, “I can’t think of anywhere else where it’s OK to trespass and steal property. I don’t know why we would allow that anywhere, and we certainly should not allow it here.”

Animal-activist groups — not surprisingly — oppose the bill. In a statement sent to St. George News, the lead organizer of DxE, Almira Tanner, stated that the bill was designed to usurp the will of the St. George jury and “enables animal abuse.” In recent years, similar groups have also argued against “ag-gag” laws that prevent animal rights activists from gaining illicit employment on or trespassing onto farms with the intent to damage the farm’s reputations or properties. Utah passed their “ag-gag” law in 2012.

Cox, who grew up on a farm in Fairview, Utah, has signaled support for farmers.

“I like food. I’m a big fan of food,” he said. “I’m really grateful for the men and women that work to grow the food in our state, and I definitely want to be more supportive of them, not less supportive.”

And while animal welfare should be (and usually is) at the forefront of producer’s programs, and minds, law enforcement exists to address issues like this. While animals don’t really want or need the same treatment as people, ensuring that animals are healthy, comfortable, nourished, and able to express natural behaviors is a part of  best practices for the animal agricultural industry. 

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