A. A person who overstocks with livestock a tract or parcel of land or range which he owns or has the lawful right to use, with the intent that such livestock leave the land and graze or feed upon the land of another person, and the livestock do leave such land and graze or feed upon the land or range of another person to the injury of such other person, is guilty of a class 2 misdemeanor. In addition thereto, such person is liable to the injured person in damages as for wilful trespass.

Attorney's Note

Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 4 monthsup to $750
For details, see § 13-707

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Terms Used In Arizona Laws 3-1300

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Livestock: means cattle, equine, sheep, goats and swine, except feral pigs. See Arizona Laws 3-1201
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Range: means every character of lands, enclosed or unenclosed, outside of cities and towns, upon which livestock is permitted by custom, license or permit to roam and feed. See Arizona Laws 3-1201

B. For the purposes of this section "overstock" means to release on a tract or parcel of land a greater number of livestock than the grass or other forage normally produced thereon under average conditions will reasonably sustain.

C. Overstocking is prima facie evidence of the intent that such livestock leave the land on which so placed and graze or feed upon land of another person.