§ 41-8-18 — Big game hunting violation as misdemeanor--Additional penalty on conviction for hunting or taking big game during nighttime, closed season, or without license.

A violation of § 41-8-2 , 41-8-6 , or 41-8-15 is a Class 1 misdemeanor for each prohibited act or each big game animal or any part thereof, taken, caught, killed, sold, offered, or exposed for sale, in possession or in possession with intent to sell, shipped by common carrier, or transported to any point inside or outside the state in violation of law. Upon conviction of any person for hunting or taking big game, except wild turkey, during the nighttime, during a closed season or without a license, the court shall impose a fine of not less than two hundred fifty dollars for each animal involved and that person shall have his or her hunting privileges revoked pursuant to §§ 41-6-74.1 and 41-6-74.2 . A second or subsequent conviction of any person for hunting or taking big game, except wild turkey, during the nighttime, during a closed season, or without a license is a Class 6 felony. In addition, the court shall revoke that person's hunting privileges for a period of five years.

Legislative History

SDC 1939, § 25.9906; SL 1970, ch 20, § 1 (3); SL 1976, ch 260; SL 1977, ch 190, § 562; SL 1978, ch 158, § 68; SL 1980, ch 285, § 2; SL 1982, ch 289, § 3; SL 1991, ch 337, § 48; SL 2000, ch 208, § 2; SL 2007, ch 242, § 1.