Text: HF02162 Text: HF02164 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 481A.125, Code 1999, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 481A.125 INTENTIONAL INTERFERENCE WITH LAWFUL HUNTING,
1 5 FISHING, OR FUR-HARVESTING ACTIVITIES – PENALTIES.
1 6 1. As used in this section, "interfere with hunting,
1 7 fishing, or fur-harvesting activities" means one or more of
1 8 the following:
1 9 a. To intentionally place oneself in a location where a
1 10 human presence may affect the behavior of a game animal, bird,
1 11 or fish or the feasibility of killing or taking a game animal,
1 12 bird, or fish with intent of obstructing or harassing another
1 13 person who is lawfully hunting, fishing, or fur harvesting.
1 14 b. To intentionally create a visual, aural, olfactory, or
1 15 physical stimulus for the purpose of affecting the behavior of
1 16 a game animal, bird, or fish with the intent of obstructing or
1 17 harassing another person who is lawfully hunting, fishing, or
1 18 fur harvesting.
1 19 c. To intentionally affect the condition or alter the
1 20 placement of personal property used for the purpose of killing
1 21 or taking a game animal, bird, or fish.
1 22 2. A person shall not interfere with the lawful hunting,
1 23 fishing, or fur-harvesting activities of another person in an
1 24 area where hunting, fishing, or fur harvesting is authorized
1 25 by a custodian of public property or an owner or lessee of
1 26 private property.
1 27 3. A person who commits:
1 28 a. A first offense of interfering with hunting, fishing,
1 29 or fur-harvesting activities is guilty of a simple
1 30 misdemeanor.
1 31 b. A second or subsequent offense is punishable as a
1 32 serious misdemeanor.
1 33 4. If a person who commits interfering with hunting,
1 34 fishing, or fur-harvesting activities possesses a license,
1 35 certificate, or permit issued by the department, the license,
2 1 certificate, or permit is subject to suspension or revocation
2 2 pursuant to section 481A.134.
2 3 5. This subsection shall not prohibit a landowner, tenant,
2 4 or an employee of a landowner or tenant from performing normal
2 5 agricultural operations or a law enforcement officer from
2 6 performing official duties.
2 7 EXPLANATION
2 8 This bill prohibits a person from interfering with the
2 9 lawful hunting, fishing, or fur-harvesting activities of
2 10 another person. Interference includes intentionally placing
2 11 oneself in a location where a human presence may affect the
2 12 behavior of a game animal, bird, or fish or the feasibility of
2 13 killing or taking a game animal, bird, or fish with the intent
2 14 of obstructing or harassing another person who is lawfully
2 15 hunting, fishing, or fur harvesting; intentionally creating a
2 16 visual, aural, olfactory, or physical stimulus for the purpose
2 17 of affecting the behavior of a game animal, bird, or fish with
2 18 intent of obstructing or harassing another person who is
2 19 acting lawfully; and intentionally affecting the condition or
2 20 altering the placement of personal property used for the
2 21 purpose of taking a game animal, bird, or fish.
2 22 The bill also specifies that a first offense of interfering
2 23 with lawful hunting, fishing, or fur harvesting is punishable
2 24 as a simple misdemeanor and a second or subsequent offense is
2 25 punishable as a serious misdemeanor. A simple misdemeanor is
2 26 punishable by a fine of at least $50 but not more than $500,
2 27 imprisonment for not more than 30 days, or both. A serious
2 28 misdemeanor is punishable by a fine of at least $250 but not
2 29 more than $1,500, imprisonment for not more than one year, or
2 30 both.
2 31 The bill does not apply to the normal agricultural
2 32 operations or activities of landowners, tenants, or employees
2 33 of landowners or tenants or to the activities of law
2 34 enforcement officers.
2 35 LSB 5739YH 78
3 1 tj/as/5.1
Text: HF02162 Text: HF02164 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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