Post by: bigtex on April 24, 2011, 03:16:51 PM
Unlawful hunting of big game 2nd degree (Gross Misdemeanor):
• hunts for, takes, or possesses big game without the required licenses and tags
• violates any rules regarding requirements for hunting big game; or
• possesses a big game animal taken during a closed season.
Unlawful hunting of big game 1st degree (Class C Felony)
• Violate any provision of Unlawful hunting of big game 2nd degree AND have prior conviction within previous five years for big game hunting violation
So essentially if you have no big game convictions within the past 5 years and go out and shoot 5 elk in one night you will only be charged with Unlawful hunting of big game 2nd degree which is a Gross Misdemeanor. Which would be the same offense used if someone shoots one elk during the closed season, or a spike during three point minimum deer season.
What HB 1340 which passed the legislature and has been delivered to the governor does is eliminates the prior conviction clause for thrill/spree killings in order for the Unlawful hunting of big game 1st degree offense to be used. The offense Unlawful hunting of big game 1st degree can now be used if someone kills, or attempts to kill, three or more big game animals within the same course of events. The same course of events is defined to mean within a 24-hour period or as part of a series of acts evidencing a continuity of purpose.
This changed rule takes effect 90 days after the legislature is adjourned.
Post by: NWBREW on April 24, 2011, 03:54:17 PM
Post by: hogsniper on April 24, 2011, 04:18:21 PM