(a) This section shall be known and may be cited as the “Arkansas Crop and Research Facilities Protection Act”.
(b)
(1) Any person or entity who willfully and knowingly damages or destroys any field crop product that is grown for personal or commercial purposes or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency shall be liable for twice the value of the crop damaged or destroyed.
(2) In awarding damages under this section, the courts shall consider:
(A) The market value of the crop before damage or destruction; and
(B) Production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop.
(3) Damages available under this section shall be limited to:
(A) Twice the market value of the crop before damage or destruction; plus
(B) Twice the actual damages involving production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed.
(c) This section shall not apply to any persons or entities when performing construction, land improvements, or excavation work in or upon any public right-of-way, public easement, or utility easement or who in good faith believe they are in or upon the right-of-way or easement.