Posted on Tue, Mar. 29, 2005
A closer look at Ohio's ecoterrorism bill
Associated Press
Ohio's proposed domestic terrorism bill would create the new offense of "animal or ecological terrorism" as one that can be prosecuted as a "pattern of corrupt activity," or racketeering, after two or more incidents.
_WHAT IS IT? The bill defines the offense as "the commission of any felony that involves causing or creating a substantial risk of physical harm to any property of another, the use of a deadly weapon or dangerous ordnance, or purposely, knowingly, or recklessly causing serious physical harm to property and that involves an intent to obstruct, impede, or deter any person from participating in a lawful animal activity, from mining, foresting, harvesting, gathering, or processing natural resources, or from being lawfully present in or on an animal facility or research facility."
The bill, and existing law, defines phrases such as "animal facility." For example, "serious physical harm to property" would include temporarily denying enjoyment of the property, which is why animal rights activists think it might be used to stop demonstrations.
_WHAT WOULD IT DO? Under Ohio law, courts can seize property acquired through racketeering, victims can sue to recover triple the amount of damages even if there is not a criminal conviction, and prosecutors who fail to convict a person accused of racketeering may sue for up to $100,000. The standard of proof is less in a civil trial than a criminal one.
(snip/...)
http://www.ohio.com/mld/ohio/news/state/11260182.htm(Free registration is required)