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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 578

Effective - 01 Jan 2017, 2 histories, see footnote bottom

  578.520.  Unlawful fishing, hunting, or trapping on private land — affirmative defense — penalty. — 1.  A person commits the offense of unlawful fishing, hunting, or trapping on private land if he or she fishes, hunts, or traps upon or retrieves wildlife from any private land that is not owned or in the possession of such person without permission from the owner or lessee of such land.

  2.  Any person who knowingly enters or remains on private property for the purpose of hunting, fishing, trapping, or retrieving wildlife in violation of subsection 1 of this section may, in addition to the penalty in subsection 4 of this section, be required by the court to surrender and deliver any license or permit issued by the department of conservation to hunt, fish, or trap.  The court shall notify the conservation commission of any conviction under this section and request the commission take necessary action to revoke all privileges to hunt, fish, or trap for at least one year from the date of conviction.

  3.  It shall be an affirmative defense to prosecution for a violation of this section that the premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises.

  4.  The offense of unlawful fishing, hunting, or trapping on private land is a class B misdemeanor.

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(L. 2007 S.B. 198, A.L. 2014 S.B. 491)

Effective 1-01-17


---- end of effective   01 Jan 2017 ----

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578.520 1/1/2017
578.520 8/28/2007 1/1/2017

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