§ 3-1300 — Overstocking land; classification; definition

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.

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.