§ 20.1-01-33 — Exploitation of wildlife - Penalty

1. A person is guilty of exploitation of wildlife if that person intentionally:
a. Commits five or more title 20.1 class A misdemeanor offenses within a two-year
period;
b. Commits seven or more title 20.1 misdemeanor offenses within a two-year
period;
c. Furnishes assistance, management, or supervision to an individual who commits
or assists in the commission of seven or more title 20.1 misdemeanor offenses
within a two-year period; or
d. Commits a title 20.1 misdemeanor offense after having been previously convicted
of seven or more title 20.1 misdemeanor offenses within a ten-year period.
2. Violation of this section is a class C felony and, in addition to other penalties imposed
by law, is subject to section 20.1-01-26. The defendant being over a daily or
possession limit of fish, small game, or waterfowl is not sufficient as a predicate
offense for a conviction under subdivision b or c of subsection 1 unless the state
proves that the conduct occurred over more than three days or the person takes or
possesses more than four times a daily limit and the state alleges and proves beyond
a reasonable doubt that the minimum number of predicate offenses required were
committed intentionally. Except for a charge under subdivision d of subsection 1, the
state may not charge an individual for both the predicate offense and a charge under
this section. A conviction from another state or a federal court for an offense similar to
one prescribed in title 20.1 may be used as a conviction under this section.