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Idaho

West's Idaho Code Annotated. Title 36. Fish and Game. Chapter 15. Public Safety.

Statute Details
Printable Version
Citation: ID ST 36-1510

Citation: I.C. 36-1510


Last Checked by Web Center Staff: 12/2013

Summary:   This section comprises Idaho's hunter harassment law. Under the law, no person shall intentionally interfere with the lawful taking or control of wildlife by another; intentionally harass, bait, drive or disturb any animal for the purpose of disrupting lawful pursuit; or damage or destroy in any way any lawful hunting blind with the intent to interfere. Idaho also expands these activities to include the harassment, intimidation, or threatening of any person who is or was lawfully engaged in the taking of fish or wildlife by such means as personal or written contact, telephone, e-mail, or a website. Every person convicted or entering a plea of guilty or of nolo contendere for violation of this section is subject to a fine of not to exceed $1,500 or confinement for 6 months in the county jail, or both. Further, any person damaged by prohibited acts may recover treble civil damages and a person can obtain an injunction against violations of this law.


Statute in Full:

(1) No person shall:

(a) Intentionally interfere with the lawful taking or control of wildlife by another; or

(b) Intentionally harass, bait, drive or disturb any animal for the purpose of disrupting lawful pursuit or taking thereof; or

(c) Damage or destroy in any way any lawful hunting blind with the intent to interfere with its usage for hunting; or

(d) Harass, intimidate or threaten by any means including, but not limited to, personal or written contact, or via telephone, e-mail or website, any person who is or was engaged in the lawful taking or control of fish or wildlife.

(2) Any fish and game enforcement officer or peace officer who reasonably believes that a person has violated provisions of this section may arrest such person therefor.

(3)(a) The conduct declared unlawful in this section does not include any incidental interference arising from lawful activity by land users or interference by a landowner or members of his immediate family arising from activities on his own property.

(b) The conduct declared unlawful in this section does not include constitutionally protected activity.

(4) Every person convicted or entering a plea of guilty or of nolo contendere for violation of this section is subject to a fine of not to exceed one thousand five hundred dollars ($1,500) or confinement for six (6) months in the county jail, or both such fine and confinement.

(5) In addition to the penalties provided in subsection (4) of this section, any person who is damaged by any act prohibited in this section may recover treble civil damages. A party seeking civil damages under this subsection (5) may recover upon proof of a violation of the provisions of this section by a preponderance of the evidence. The state of Idaho, or any person may have relief by injunction against violations of the provisions of this section. Any party recovering judgment under this subsection (5) may be awarded a reasonable attorney's fee.

CREDIT(S)

S.L. 1987, ch. 288, § 1; S.L. 1992, ch. 81, § 36. Amended by S.L. 2010, ch. 245, § 3, eff. April 8, 2010.



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