§ 16-11-580 — Cutting, removing, or transporting forest products without consent of landowner; fraudulently acquiring forest products; penalties.

(A) It is unlawful for a person to knowingly and wilfully: (1) cut, destroy, or remove forest products without the consent of the landowner; (2) aid, hire, or counsel another person to cut, destroy, or remove forest products without the consent of the landowner; (3) obtain or acquire forest products under false pretenses or with fraudulent intent; or (4) transport forest products if the person knows that the forest products have been cut, removed, obtained, or acquired from the property of a landowner in violation of the provisions of this subsection. (B) If the value of the forest products is one thousand dollars or less, a person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction: (1) for a first offense, must be fined not more than fifteen hundred dollars or imprisoned for not more than thirty days, or both; and (2) for a second or subsequent offense, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than sixty days, or both. (C) If the value of the forest products is more than one thousand dollars but less than five thousand dollars, a person who violates the provisions of subsection (A): (1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars and not more than ten thousand dollars or imprisoned for not more than five years, or both; and (2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars and not more than twenty thousand dollars or imprisoned for not more than ten years. (D) If the value of the forest products is five thousand dollars or more, a person who violates the provisions of subsection (A): (1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not less than ten thousand dollars and not more than twenty thousand dollars or imprisoned for not more than ten years, or both; and (2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars and not more than twenty thousand dollars or imprisoned for not more than ten years. (E) As used in this section, "forest products" include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, and which are located on any land in this State, whether publicly or privately owned.

Legislative History

HISTORY: 1962 Code SECTION 16-385.1; 1960 (51) 1706; 1963 (53) 37; 2004 Act No. 273, SECTION 1, eff July 16, 2004 and applicable to offenses committed on or after that date; 2012 Act No. 225, SECTION 1, eff July 1, 2012.