ST. GEORGE — While not saying whether he would sign it, Gov. Spencer Cox gave support Thursday to a bill that says a livestock animal’s health does not allow for it to be taken from someone’s property without the permission of the owner.
The Theft Defense Amendments bill, or HB 114, passed both houses of the Utah Legislature in the last two weeks and is among several bills awaiting the governor’s final passage to become law or be vetoed.
If signed into law, the Utah Criminal Code will be changed to say that it is to clarify it is not a burglary defense to take livestock from an owner if it is sick, injured or a liability to their owner. Such a defense was cited by the jury in an October 2022 trial in St. George to find two men not guilty of burglarizing the Smithfield Foods Circle Four Farm in Milford after they admitted taking two piglets from the pork production facility in 2017.
Supporters of the bill said it closes a loophole in the law, while animal welfare activists say it usurps future juries. Cox said he’s on the loophole side of the argument in response to a question from St. George News during the Thursday taping of the monthly PBS Utah Governor’s Press Conference program.
“I can’t think of anywhere else where it’s OK to trespass and steal property,” Cox said. “I don’t know why we would allow that anywhere, and we certainly should not allow it here.”
Animal activists, including those with Direct Action Everywhere that the St. George trial defendants were part of, say there should be a “right to rescue” animals being mistreated at agriculture facilities.
Cox said there are other means to protect animals.
“If there are massive animal rights abuses happening or something, then that should be reported to the authorities and a proper investigation could be done,” Cox said. “That’s not what this is.”
The same animal activists say in recent years, Utah’s government has been overly skewed toward the agriculture industry over the welfare of animals. They cite a law passed in 2012, which was later struck down by the courts as being unconstitutional, that banned anyone from filming farm and slaughterhouse operations in Utah.
But Cox said the agricultural industry needs protection.
“Agriculture is under constant threat in our state and has been for a long time,” said Cox, who himself grew up on and still calls home a farm in the central Utah town of Fairview. “I like food. I’m a big fan of food. 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.”
Check out all of St. George News’ coverage of the 2023 Utah Legislature here.
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