Immunity for owners of stolen agricultural equipment or off-road vehicles — Definition

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  1. (a)

    1. (1) As used in this section, “agricultural equipment or off-road vehicle” means a self-propelled motorized vehicle that is not designed to operate on a roadway but may be used for an agricultural or recreational purpose.

    2. (2) “Agricultural equipment or off-road vehicle” includes:

      1. (A) An all-terrain vehicle as defined in § 27-21-102;

      2. (B) A vehicle designed to be used for agricultural purposes, such as a tractor; and

      3. (C) A riding lawnmower.

    3. (3) “Agricultural equipment or off-road vehicle” does not include:

      1. (A) A motor vehicle designed and used for a medical purpose;

      2. (B) A motor vehicle designed to be used by an individual with a physical disability to assist in walking;

      3. (C) A motorized scooter or other vehicle designed to be used as a toy by a child;

      4. (D) A bicycle equipped with a small motor designed and used to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.);

      5. (E) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or

      6. (F) A device moved by human power or used exclusively upon stationary rails or tracks.

  2. (b) An owner of agricultural equipment or an off-road vehicle that is stolen or unlawfully appropriated by another person who commits a criminal offense using the agricultural equipment or off-road vehicle is not liable in a civil action for damages, injuries, or death resulting from or arising out of the use of the agricultural equipment or off-road vehicle in the commission of the criminal offense.


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