Hunter Harassment laws exist for all 50 states. Below you will
find an impartial list. More states will be added soon.
Alabama
Alaska
Arizona
Arkansas ARKANSAS CODE OF 1987 ANNOTATED TITLE 5.
CRIMINAL OFFENSES SUBTITLE 6. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE
CHAPTER 71. RIOTS, DISORDERLY CONDUCT, ETC. SUBCHAPTER 2. OFFENSES GENERALLY
5-71-228 Obstruction of shooting, hunting, fishing, or trapping activities.
(a) It is unlawful for any person to willfully obstruct or impede the
participation of any individual in the lawful activity of shooting, hunting,
fishing, or trapping in this state. Provided, that nothing in this section shall
prohibit a landowner or lessee from exercising his or her lawful right to
prohibit hunting, fishing, or trapping on his or her land, or from exercising
any other legal right.
(b) (1) A court of general jurisdiction may enjoin conduct which would be in
violation of subsection (a) of this section upon petition by a person affected
or who reasonably may be affected by such conduct, upon a showing that such
conduct is threatened or that it has occurred on a particular premises in the
past and that it is not unreasonable to expect that under similar circumstances
it will be repeated.
(2) (A) A court of general jurisdiction may award damages to any person
adversely affected by a violation of subsection (a) of this section which may
include an award for punitive damages.
(B) In addition to other items of special damage, measure of damages may include
expenditures of the affected person for license and permit fees, travel, guides,
special equipment, and supplies, to the extent that such expenditures were
rendered futile by prevention of taking of a wild animal or fish.
(c) Any person violating the provisions of this section shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be punished by a fine of not
less than one hundred dollars ($100) nor more than five hundred dollars ($500),
or imprisonment for not to exceed thirty (30) days, or both, and if such person
holds an Arkansas hunting, fishing, or trapping license at the time of
conviction, such license shall be revoked.
(d) This section shall not prevent any wildlife officer or other law enforcement
officer from performing his or her duties.
History. Acts 1991, No. 149, §§ 1-4.
California WEST'S
ANNOTATED CALIFORNIA CODES FISH AND GAME CODE
DIVISION 3. FISH AND GAME GENERALLY CHAPTER 1. TAKING AND POSSESSING IN GENERAL§
2009. Interference with lawful shooting, etc., prohibited; punishment;
application of section; intent
(a) A person shall not willfully interfere with the participation of any
individual in the lawful activity of shooting, hunting, fishing, falconry, or
trapping at the location where that activity is taking place.
(b) A violation of this section is an infraction punishable by a fine of not
less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(c) If any person is convicted of a violation of this section and the offense
occurred within two years of another separate violation of this section which
resulted in a conviction, the violation is a misdemeanor punishable by a fine of
not less than one hundred dollars ($100) nor more than one thousand dollars
($1,000), by imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.
(d) This section does not apply to the actions of any peace officer or personnel
of the department in the performance of their official duties. This section does
not obstruct the rights and normal activities of landowners or tenants,
including, but not limited to, farming, ranching, and limiting unlawful
trespass.
(e) In order to be liable for a violation of this section, the person is
required to have had the specific intent to interfere with the participation of
an individual who was engaged in shooting, hunting, fishing, falconry, or
trapping.
(f) For purposes of this section, "interfere with" means any action which
physically impedes, hinders, or obstructs the lawful pursuit of any of the
above-mentioned activities, including, but not limited to, actions taken for the
purpose of frightening away animals from the location where the lawful activity
is taking place.
(Added by Stats. 1988, c. 1278, § 1.)
Colorado
Connecticut
Delaware
Florida
FLORIDA STATUTES TITLE XXVIII. NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND
USE CHAPTER 372. WILDLIFE 372.705. Harassment of hunters, trappers, or fishers
(1) A person may not intentionally, within a publicly or privately owned
wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or
nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their
behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates subsection (1) is guilty of a misdemeanor of the
second degree, punishable as provided in §. 775.082 or §. 775.083.
Laws 1990, c. 90-170, § 2.
Georgia OFFICIAL CODE OF GEORGIA ANNOTATED
TITLE 27. GAME AND FISH CHAPTER 3. WILDLIFE GENERALLY ARTICLE 6. INTERFERENCE
WITH LAWFUL TAKING27-3-151. Activity prohibited
(a) It shall be unlawful for any person to:
(1) Interfere with the lawful taking of wildlife by another person by
intentionally preventing or attempting to prevent such person from such lawful
taking of wildlife;
(2) Disturb or engage in activity tending to disturb wildlife for the purpose of
intentionally preventing or attempting to prevent the lawful taking of such
wildlife; or
(3) Fail to obey an order of a law enforcement officer to desist from conduct
violating paragraph (1) or (2) of this subsection if the law enforcement officer
observes such conduct or if the law enforcement officer has reasonable grounds
for believing that the person has engaged in such conduct that day or that the
person plans or intends to engage in such conduct that day at a specific
location.
(b) Nothing in subsection (a) of this Code section shall be construed to apply
to the activities of law enforcement officers or employees of the department in
the performance of their duties.
HISTORY: Code 1981, § 27-3-151, enacted by Ga. L. 1986, p. 1460, § 1.
§ 27-3-152. Injunctions; damages for violations
(a) The superior court of a county may enjoin conduct which would be in
violation of Code Section 27-3-151 upon the petition of a person who is affected
or who reasonably may be affected by such conduct upon a showing that such
conduct is threatened or that such conduct has occurred at a particular location
in the past and that it is not unreasonable to expect that under similar
circumstances such conduct will be repeated.
(b) A person who engages in conduct in violation of Code Section 27-3-151 shall
be civilly liable to any other person who is adversely affected by such conduct,
and any award for damages may include punitive damages. In addition to any other
items of special damage, the measure of damages may include expenditures of the
affected person for license and permit fees, travel, guides, and special
equipment and supplies to the extent that such expenditures were rendered futile
by preventing the lawful taking of wildlife.
HISTORY: Code 1981, § 27-3-152, enacted by Ga. L. 1986, p. 1460, § 1; Ga. L.
1987, p. 3, § 27.
Hawaii
Idaho
Illinois (Ill.
Rev. Stat. ch. 720 § 125/2 (Supp. 1996))ILLINOIS COMPILED STATUTES ANNOTATED
CHAPTER 720. CRIMINAL OFFENSES OFFENSES AGAINST PERSONS ACT 125. HUNTER
INTERFERENCE PROHIBITION ACT125/1. Definitions § 1. Definitions. As used
in this Act:
a. "Wild animal" means any wild creature the taking of which is authorized by
the fish and game laws of the State.
b. "Taking", means the capture or killing of a wild animal and includes travel,
camping, and other acts preparatory to taking which occur on lands or waters
upon which the affected person has the right or privilege to take such wild
animal.
P.A. 83-153, § 1, eff. Jan 1, 1984.
Formerly ill. Rev. Stat. 1991, ch. 61, p 301.
125/2. Interference with lawful taking of wild animal
§ 2. Any person who performs any of the following is guilty of a Class B
misdemeanor:
(a) interferes with the lawful taking of a wild animal by another with intent to
prevent the taking.
(b) disturbs or engages in an activity that will tend to disturb wild animals,
with intent to prevent their lawful taking.
(c) disturbs another person who is engaged in the lawful taking of a wild animal
or who is engaged in the process of taking, with intent to dissuade or otherwise
prevent the taking.
(d) enters or remains upon public lands, or upon private lands without
permission of the owner or his agent, or a lessee, with intent to violate this
Section.
P.A. 83-153, § 2, eff. Jan. 1, 1984.
125/3. Failure to cease and desist
§ 3. Any person who knowingly performs any of the following acts is guilty of a
Class A misdemeanor:
(a) fails to obey the order of a peace officer to desist from conduct in
violation of Section 2 of this Act if the officer observes such conduct, or has
reasonable grounds to believe that the person has engaged in such conduct that
day or that the person plans or intends to engage in such conduct that day on a
specific premises.
(b) is convicted of a second or subsequent violation of Section 2. For purposes
of this Section, a "second or subsequent violation" means a conviction under
this Act within 2 years of a prior violation arising from a separate set of
circumstances. The sentence of any person convicted of a second or subsequent
violation shall include imprisonment for not less than 7 days. A person
convicted of a second or subsequent violation is not eligible for court
supervision.
P.A. 83-153, § 3, eff. Jan. 1, 1984.
125/4. Injunctions--Damages
§ 4. (a) Any court may enjoin conduct which would be in violation of Section 2
of this Act upon petition by a person affected or who reasonably may be affected
by such conduct, upon a showing that such conduct is threatened or that it has
occurred on a particular premises in the past and that it is not unreasonable to
expect that under similar circumstances it will be repeated.
(b) A court shall award all resulting costs and damages to any person adversely
affected by a violation of Section 2, which may include an award for punitive
damages. In addition to other items of special damage, the measure of damages
may include expenditures of the affected person for license and permit fees,
travel, guides, special equipment and supplies, to the extent that such
expenditures were rendered futile by prevention of the taking of a wild animal.
(c) A court shall revoke, for a period of one year to 5 years, any Illinois
hunting, fishing, or trapping privilege, license or permit of any person
convicted of violating any provision of this Act.
P.A. 83-153, § 4, eff. Jan. 1, 1984.
Indiana
Iowa
Kansas
Kentucky (Ky. Rev. State. Ann. § 150.710 (Baldwin 1996))
BALDWIN'S KENTUCKY REVISED STATUTES ANNOTATED TITLE XII.
CONSERVATION AND STATE DEVELOPMENT CHAPTER 150. FISH AND WILDLIFE RESOURCES
150.710 Intentional obstruction of lawful taking of wildlife.
(1) No person shall intentionally obstruct or disrupt the right of a person to
lawfully take wildlife by hunting, trapping, or fishing.
(2) The Attorney General or any person directly affected may bring an action to
restrain conduct unlawful under this section and may bring an action to recover
damages.
(3) The officers of the Department of Fish and Wildlife Resources, or any other
peace officer, police officer, state police officer, or sheriff may enforce this
section.
(4) This section shall not apply to incidental interference with the taking of
wildlife by hunting, trapping, or fishing caused by lawful activities including,
but not limited to, farming, mining, or recreation.
(Enacts. Acts 1988, ch 81, § 1(1)-(4), effective July 15, 1988.)
Louisiana
Maine MAINE REVISED STATUTES ANNOTATED
TITLE 12. CONSERVATION PART 10. INLAND FISHERIES AND WILDLIFE
CHAPTER 710. HARASSMENT OF HUNTERS, TRAPPERS AND FISHERMEN
§ 7541. Harassment prohibited Interference with taking. No
person may willfully interfere with the lawful hunting, fishing or trapping of a
wild animal, wild bird or fish. Disturbing wild animals, wild birds or fish. No
person may willfully disturb or attempt to disturb a wild animal, wild bird or
fish with the intent to interfere with the hunting, fishing or trapping of them.
Violation. A violation of this section is a civil violation for which a
forfeiture of not less than $100 nor more than $500 may be adjudged. Property
rights otherwise provided by law. This chapter shall not be construed in any way
to limit the ownership use, access or control of property rights otherwise
provided by law.
1983, c. 366.
§ 7542. Injunction; damages
Injunction. The District Court or Superior Court may enjoin conduct which would
be in violation of section 7541 upon petition by a person affected or who
reasonably may be affected by the conduct, upon a showing that the conduct is
threatened or that it has occurred on particular premises in the past and that
it is not unreasonable to expect that under similar circumstances it will be
repeated.
1983, c. 366.
Maryland
Massachusetts
Harassment prohibited Interference with taking. No person may willfully
interfere with the lawful hunting, fishing or trapping of a wild animal, wild
bird or fish. Disturbing wild animals, wild birds or fish. No person may
willfully disturb or attempt to disturb a wild animal, wild bird or fish with
the intent to interfere with the hunting, fishing or trapping of them.
Violation. A violation of this section is a civil violation for which a
forfeiture of not less than $100 nor more than $500 may be adjudged. Property
rights otherwise provided by law. This chapter shall not be construed in any way
to limit the ownership use, access or control of property rights otherwise
provided by law.
1983, c. 366.
§ 7542. Injunction; damages
Injunction. The District Court or Superior Court may enjoin conduct which would
be in violation of section 7541 upon petition by a person affected or who
reasonably may be affected by the conduct, upon a showing that the conduct is
threatened or that it has occurred on particular premises in the past and that
it is not unreasonable to expect that under similar circumstances it will be
repeated.
1983, c. 366.
Michigan
Minnesota
MINNESOTA STATUTES ANNOTATED
GAME AND FISH CHAPTER 97A. GAME AND FISH GENERAL PROVISIONS
97A.037. Hunter, trapper, and angler harassment prohibited
Subdivision
1. Interference with taking wild animals
prohibited. A person who has the intent to prevent, disrupt, or dissuade the
taking of a wild animal or enjoyment of the out-of-doors may not disturb or
interfere with another person who is lawfully taking a wild animal or preparing
to take a wild animal. "Preparing to take a wild animal" includes travel,
camping, and other acts that occur on land or water where the affected person
has the right or privilege to take lawfully a wild animal.
Subd. 2. Disturbing wild animals prohibited. A person who has the intent to
prevent or disrupt a person from lawfully taking the animals may not disturb or
engage in an activity that will tend to disturb wild animals.
Subd. 3. Persons intending to harass hunters, trappers, and anglers may not
remain on land. A person who has intent to violate subdivision 1 or 2 may not
enter or remain on public lands, or on private lands without permission of the
owner.
Subd. 4. Peace officer order; penalty. A person must obey the order of a peace
officer to stop the harassing conduct that violates this section if the officer
observes the conduct. For purposes of this subdivision, "harassing conduct" does
not include a landowner's or lessee's action to enforce the trespass law.
Violation of this subdivision is a misdemeanor.
Laws 1989, c. 287, § 1.
Mississippi (Miss. Code Ann. § 49-7-147 (1996)) MISSISSIPPI
CODE 1972 ANNOTATED
TITLE 49. CONSERVATION AND ECOLOGY CHAPTER 7. HUNTING AND FISHING IN GENERAL§
49-7-147. Interference with lawful taking of wildlife.
(1) No person shall intentionally:
(a) Interfere with or attempt to prevent the lawful taking of wildlife by
another;
(b) Attempt to disturb wildlife, or attempt to affect their behavior with the
intent to prevent their lawful taking by another; or
(c) Harass another person who is engaged in the lawful taking of wildlife or in
the preparation for such taking.
(2) Any person who violates subsection (1) is guilty of a Class II violation,
punishable as provided in Section 49-7-143, Mississippi Code of 1972.
SOURCES: Laws, 1991, ch. 554 § 1, eff. from and after passage (approved April
12, 1991).
Missouri
VERNON'S ANNOTATED MISSOURI STATUTES TITLE XXXVIII. CRIMES AND PUNISHMENT; PEACE
OFFICERS AND PUBLIC DEFENDERS CHAPTER 578. MISCELLANEOUS OFFENSES 578.152.
Interference with lawful hunting or trapping in the second degree--penalty
-
Any person who enters or remains in a hunting
or trapping area where lawful hunting or trapping may occur with the intent to
interfere with the lawful taking of wildlife is guilty of the crime of
interference with lawful hunting or trapping in the second degree.
-
Interference with lawful hunting or trapping in
the second degree is a class B misdemeanor.
(L.1988, S.B. Nos. 434 & 435, § 2.)
Montana
Nebraska
Nevada
New Hampshire
New Jersey
23:7A-2. Prevention
of lawful taking of wildlife prohibited
2. No person
may, for the purpose of hindering or preventing the lawful taking of wildlife:
a. block, obstruct, or impede, or attempt to block, obstruct, or impede, a
person lawfully taking wildlife;
b. erect a barrier with the intent to deny ingress to or egress from areas
where wildlife may be lawfully taken;
c. make, or attempt to make, unauthorized physical contact with a person
lawfully taking wildlife;
d. engage in, or attempt to engage in, theft, vandalism, or destruction of
personal or real property;
e. disturb or alter, or attempt to disturb or alter, the condition or
authorized placement of personal or real property intended for use in the lawful
taking of wildlife;
f. enter or remain upon public lands or waters, or upon private lands or
waters without permission of the owner thereof or an agent of that landowner,
where wildlife may be lawfully taken;
g. make or attempt to make loud noises or gestures, set out or attempt to
set out animal baits, scents, or lures or human scent, use any other natural or
artificial visual, aural, olfactory, or physical stimuli, or engage in or
attempt to engage in any other similar action or activity, in order to disturb,
alarm, drive, attract, or affect the behavior of wildlife or disturb, alarm,
disrupt, or annoy a person lawfully taking wildlife; or
h. interject himself into the line of fire of a person lawfully taking
wildlife.
Subsections a., b., e., f., and g. of this section shall not apply to a law
enforcement officer or conservation officer enforcing the laws of this State or
any local ordinance, or a private landowner or agent thereof on land or waters
owned by that private landowner.
L.1993,c.11,s.2.
23:7A-3. Violations, penalties
3. a. The
Director of the Division of Fish, Game and Wildlife may institute a civil action
in the Superior Court for injunctive and other relief for a violation of this
act, and the court may proceed in the action in a summary manner.
b. A person who violates this act shall be guilty of a petty disorderly
persons offense.
c. A person who violates this act shall be liable to a civil penalty of
not less than $100 nor more than $500 for each offense, to be collected in a
summary proceeding under "the penalty enforcement law," N.J.S. 2A:58-1 et seq.
The Superior Court and the municipal court for the municipality in which the
violation occurred shall have jurisdiction to enforce "the penalty enforcement
law."
d. For the purposes of subsections b. and c. of this section, if the
violation is of a continuing nature, each day during which it continues shall
constitute an additional, separate, and distinct offense.
e. In addition to bringing a civil action for injunctive relief or any
other relief provided by law, a person who is adversely affected by a violation
of this act may bring a civil action for damages, including punitive damages and
special damages, against the violator. Special damages may include, but need
not be limited to, expenditures of the affected person for license and permit
fees, travel expenses, guide fees and expenses, and the cost of special
equipment and supplies, to the extent any such expenditures were rendered futile
by the action or activities of the violator.
L.1993,c.11,s.3.
New Mexico
New York
North Carolina GENERAL STATUTES OF NORTH CAROLINA
CHAPTER 113. CONSERVATION AND DEVELOPMENT. SUBCHAPTER IV. CONSERVATION OF MARINE
AND ESTUARINE AND WILDLIFE RESOURCES. ARTICLE 22. REGULATION OF WILDLIFE§
113-295 Unlawful harassment of persons taking wildlife resources.
(a) It is unlawful for a person to interfere intentionally with the lawful
taking of wildlife resources or to drive, harass, or intentionally disturb any
wildlife resources for the purpose of disrupting the lawful taking of wildlife
resources. It is unlawful to take or abuse property, equipment, or hunting dogs
that are being used for the lawful taking of wildlife resources. This subsection
does not apply to a person who incidentally interferes with the taking of
wildlife resources while using the land for other lawful activity such as
agriculture, mining, or recreation. This subsection also does not apply to
activity by a person on land he owns or leases.
Violation of this subsection is a Class 2 misdemeanor for a first conviction and
a Class 1 misdemeanor for a second or subsequent conviction.
(b) The Wildlife Resources Commission may, either before or after the
institution of any other action or proceeding authorized by this section,
institute a civil action for injunctive relief to restrain a violation or
threatened violation of subsection (a) of this section pursuant to G.S. 113-131.
The action shall be brought in the superior court of the county in which the
violation or threatened violation is occurring or about to occur and shall be in
the name of the State upon the relation of the Wildlife Resources Commission.
The court, in issuing any final order in any action brought pursuant to this
subsection may, in its discretion, award costs of litigation including
reasonable attorney and expert-witness fees to any party.
(1987, c. 636, s. 3; 1993, c. 539, s. 864; 1994, Ex. Sess., c. 24, s. 14(c).)
North Dakota
Ohio BALDWIN'S OHIO REVISED CODE ANNOTATED TITLE
XV. CONSERVATION OF NATURAL RESOURCES CHAPTER 1533. HUNTING; FISHING GENERAL
PROVISIONS1533.03 HARASSMENT OF HUNTERS, TRAPPERS, AND FISHERS PROHIBITED
(A) No person shall purposely prevent or attempt to prevent any person from
hunting, trapping, or fishing for a wild animal as authorized by this chapter by
any of the following means:
(1) Placing oneself in a location in which he knows or should know that his
presence may affect the behavior of the wild animal being hunted, trapped, or
fished for or otherwise affect the feasibility of the taking of the wild animal
by the hunter, trapper, or fisherman;
(2) Creating a visual, aural, olfactory, or physical stimulus intended to affect
the behavior of the wild animal being hunted, trapped, or fished for;
(3) Affecting the condition or location of personal property intended for use in
the hunting, trapping, or fishing activity.
(B) No person shall fail to obey the order of a peace officer or wildlife
officer to desist from conduct that violates division (A) of this section.
(C) This section applies only to acts committed on lands or waters upon which
hunting, trapping, or fishing activity may lawfully occur. This section does not
apply to acts of a peace officer, the owner of the lands or waters, or a tenant
or other person acting under authority of the owner on the lands or waters.
(D) Upon petition by a person who is or reasonably may be affected by conduct
that violates or will violate division (A) of this section and a showing by that
person that the conduct has occurred in a particular place and may reasonably be
expected to occur in or near that place again, a court of common pleas may
enjoin the conduct in accordance with Civil Rule 65.
(E) As used in this section, "peace officer" has the same meaning as in section
2935.01 of the Revised Code, and "wildlife officer" has the same meaning as in
section 1531.13 of the Revised Code.
(1994 S 182, eff. 10-20-94; 1991 S 46, eff. 10-23-91)
Oklahoma
Oregon 1995 OREGON REVISED
STATUTES TITLE 41. WILDLIFE CHAPTER 496. APPLICATION, ADMINISTRATION AND
ENFORCEMENT OF WILDLIFE LAWS PENALTIES496.994. Obstructing the taking of
wildlife prohibited.
(1) A person commits the offense of obstructing the taking of wildlife if the
person, having no right to do so, interferes with the lawful taking, or the
process of taking, of wildlife by another with the intent to prevent the taking.
(2) Obstructing the taking of wildlife is a Class A misdemeanor.
(1987 c. 473 § 2; 1989 c. 171 § 67; 1995 c. 468 § 1)
Pennsylvania
TITLE 34. GAME PENNSYLVANIA CONSOLIDATED STATUTES CHAPTER 23.
HUNTING AND FUR TAKING SUBCHAPTER A. GENERAL PROVISIONS § 2302. Interference
with lawful taking of wildlife or other activities permitted by this title
prohibited
(A) GENERAL RULE.-- Except as otherwise provided in this title, it is unlawful
for another person at the location where the activity is taking place to
intentionally obstruct or interfere with the lawful taking of wildlife or other
activities permitted by this title.
(A.1) ACTIVITIES WHICH VIOLATE SECTION.-- A person violates this section when he
intentionally or knowingly:
(1) drives or disturbs wildlife for the purpose of disrupting the lawful taking
of wildlife where another person is engaged in the process of lawfully taking
wildlife or other permitted activities;
(2) blocks, impedes or otherwise harasses another person who is engaged in the
process of lawfully taking wildlife or other permitted activities;
(3) uses natural or artificial visual, aural, olfactory or physical stimuli to
affect wildlife behavior in order to hinder or prevent the lawful taking of
wildlife or other permitted activities;
(4) creates or erects barriers with the intent to deny ingress or egress to
areas where the lawful taking of wildlife or other permitted activities may
occur;
(5) interjects himself into the line of fire;
(6) affects the condition or placement of personal or public property intended
for use in the lawful taking of wildlife or other permitted activities in order
to impair its usefulness or prevent its use;
(7) enters or remains upon public lands or upon private lands without permission
of the owner or their agent, with intent to violate this section; or
(8) fails to obey the order of any officer whose duty it is to enforce any of
the laws of this Commonwealth where such officer observes any conduct which
violates this section or has reasonable grounds to believe that any person
intends to engage in such conduct.
(B) ENFORCEMENT AND RECOVERY OF DAMAGES.-- The commission or any person who is
lawfully engaged in the taking, hunting or trapping of game or wildlife who is
directly affected by a violation of this section may bring an action to restrain
conduct declared unlawful in this section and to recover damages.
(C) EXCEPTIONS.-- The conduct declared unlawful in this section does not include
any activities arising from lawful activity by other land uses, including
farming, mining, forestry practices, recreation or any other activities when it
is evident that such activities are not intended to violate this section.
(D) PENALTIES.-- A violation of this section is a summary offense of the second
degree.
Rhode Island
South Carolina CODE OF LAWS OF SOUTH CAROLINA 1976 ANNOTATED TITLE
50. FISH, GAME AND WATERCRAFT CHAPTER 1. GENERAL PROVISIONS COPYRIGHT (c) 1995
BY THE STATE OF SOUTH CAROLINA Current through End of 1995 Reg. Sess.50-1-137.
Impeding or obstructing hunting, trapping, fishing, or harvesting of marine
species unlawful; penalty.
It is unlawful for a person willfully to impede or obstruct another person from
lawfully hunting, trapping, fishing, or harvesting marine species. Any person
violating the provisions of this section is guilty of a misdemeanor and, upon
conviction, must be punished as provided by Section 50-1-130. In addition to the
criminal penalty, any person convicted must have his privilege to hunt, trap,
fish, or harvest marine species recreationally or commercially revoked for one
year.
HISTORY: 1987 Act No. 30 § 1. 1993 Act No. 181, § 1257, eff. July 1, 1994.
South Dakota
Tennessee
TENNESSEE CODE ANNOTATED TITLE 70 WILDLIFE RESOURCES CHAPTER 4 MISCELLANEOUS
REGULATIONSPart 3-- Hunter Protection Act
70-4-301 Definitions. As used in this part, unless the
context otherwise requires:
(1) "Taking" means the capture or killing of a wild animal and includes travel,
camping, and other acts preparatory to taking which occur on lands or waters
upon which the affected person has the right or privilege to take such wild
animal; and
(2) "Wild animal" means any wild creature, the taking of which is authorized by
the fish and game laws of the state. [Acts 1985, ch. 100, § 2.]
70-4-302 Violations -- Penalty. --
Any person who performs any of the following commits a Class C misdemeanor:
(1) Interferes with the lawful taking of a wild animal by another with intent to
prevent the taking;
(2) Disturbs or engages in an activity that will tend to disturb wild animals,
with intent to prevent their lawful taking;
(3) Disturbs another person who is engaged in the lawful taking of a wild animal
or who is engaged in the process of taking, with intent to dissuade or otherwise
prevent the taking;
(4) Enters or remains upon public lands, or upon private lands without
permission of the owner or the owner's agent, with intent to violate this
section; or
(5) Fails to obey the order of a peace officer to desist from conduct in
violation of this section if the officer observes such conduct, or has
reasonable grounds to believe that the person has engaged in such conduct that
day or that the person plans or intends to engage in such conduct that day on a
specific premises. [Acts 1985, ch. 100, § 3; 1989, ch 591, § 113.]
70-4-303 Injunctions -- Damages -- Construction.
(a) Any court may enjoin conduct which would be in violation of § 70-4-302 upon
petition by a person affected or who reasonably may be affected by such conduct,
upon a showing that such conduct is threatened or that it has occurred on a
particular premises in the past and that it is not unreasonable to expect that
under similar circumstances it will be repeated.
(b) A court may award damages to any person adversely affected by a violation of
§ 70-4-302, which may include an award for punitive damages. In addition to
other items of special damage, the measure of damages may include expenditures
of the affected person for license and permit fees, travel, guides, special
equipment and supplies, to the extent that such expenditures were rendered
futile by prevention of the taking of a wild animal.
(c) No provision of this part shall be construed to prohibit or otherwise
restrict any landowner, tenant, or employee of a landowner from engaging in
normal activities on or normal use of the land or property, and such activities
or use shall not be deemed unlawful pursuant to any provision of this part. No
provision of this part shall be construed so as to interfere with the right of
the landowner to prohibit trespass upon the landowner's property by any person.
[Acts 1985, ch. 100, s 4.]
Texas
§ 62.0125. HARASSMENT OF HUNTERS, TRAPPERS, AND FISHERMEN.
(a) This section may be cited as the Sportsman's Rights Act.
(b) In this section:
(1) "Wildlife" means all species of wild mammals, birds, fish,
reptiles, or amphibians.
(2) "Process of hunting or catching" means any act directed at the
lawful hunting or catching of wildlife, including camping or other acts
preparatory to hunting or catching of wildlife that occur on land or water on
which the affected person has the right or privilege of hunting or catching that
wildlife.
(c) No person may intentionally interfere with another person lawfully
engaged in the process of hunting or catching wildlife.
(d) No person may intentionally harass, drive, or disturb any wildlife
for the purpose of disrupting a person lawfully engaged in the process of
hunting or catching wildlife.
(e) No person may enter or remain on public land or enter or remain on
private land without the landowner's or his agent's consent if the person
intends to disrupt another person lawfully engaged in the process of hunting or
catching wildlife.
(f) This section does not apply to a peace officer of this state, a
law enforcement officer of the United States, a member of the armed forces of
the United States or of this state, or employees of the department or other
state or federal agencies having statutory responsibility to manage wildlife or
land during the time that the officer, member, or employee is in the actual
discharge of official duties.
(g) A person who violates this section commits an offense. An
offense under this section is a Class B misdemeanor.
(h) It is an affirmative defense to prosecution that the defendant's
conduct is protected by the right to freedom of speech under the constitution of
this state or the United States.
Added by Acts 1985, 69th Leg., ch. 731, § 1, eff. Aug. 26, 1985.
Amended by Acts 1993, 73rd Leg., ch. 700, § 1, eff. Sept. 11,
1993.
Utah
Vermont
Virginia
Washington 77.16.340. Obstructing the taking of fish
or wildlife--Penalty--Defenses
(1) A person commits the crime of obstructing the taking of fish or wildlife if
the person:
(a) Harasses, drives, or disturbs fish or wildlife with the intent of disrupting
lawful pursuit or taking thereof; or
(b) Harasses, interferes with, or intimidates an individual engaged in the
lawful taking of fish or wildlife or lawful predator control.
(2) Violation of this section is a gross misdemeanor under RCW 77.21.010.
(3) It is a defense to any prosecution under subsection (1) of this section, if
the person charged:
(a) Interferes with any person engaged in hunting outside legally established
hunting seasons;
(b) Is preventing or attempting to prevent the injury or killing of a protected
wildlife species, as defined by this title;
(c) Is preventing or attempting to prevent unauthorized trespass on private
property; or
(d) Is defending oneself or another person from bodily harm or property damage
by a person attempting to prevent hunting in a legally established hunting
season.
Enacted by Laws 1988, ch. 265, § 1, eff. July 1, 1988
Wisconsin
West Virginia
Wyoming