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Illinois

West's Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 720. Criminal Offenses. Offenses Against Persons. Act 125. Hunter and Fishermen Interference Prohibition Act

Statute Details
Printable Version
Citation: IL ST CH 720 125/0.01 - 4

Citation: 720 I.L.C.S. 125/0.01 - 4


Last Checked by Web Center Staff: 12/2013

Summary:   This act was repealed in 2013. The text reflects Illinois' hunter harassment provisions, known as the "Hunter and Fishermen Interference Prohibition Act." Under the law, any person violates the act if he or she: wilfully obstructs or interferes with the lawful taking of wildlife or aquatic life by another person with the specific intent to prevent that lawful taking; drives or disturbs wildlife or aquatic life for the purpose of disrupting a lawful taking; blocks, impedes, or physically harasses another person who is engaged in the process of lawful taking; uses natural or artificial visual, aural, olfactory, gustatory, or physical stimuli to affect wildlife and prevent the lawful taking; erects barriers to prevent the lawful taking; injects him or herself in the line of fire; affects the condition or placement of a hunter's personal property to prevent lawful taking; or enters or remains on private lands with the intent of violating this section. Violation is a Class B misdemeanor. Interestingly, Illinois a section states that it is an affirmative defense that the defendant's conduct is protected by his or her right to freedom of speech under the constitution of this State or the United States. Additionally, protests may take place adjacent to or on the perimeter of the location where wildlife is being taking provided that no provisions of this act are violated. A person affected by the prohibited conduct may seek an injunction and/or damages for violations of the act.


Statute in Full:

Act Repealed  by P.A. 97-1108, § 20-2, eff. Jan. 1, 2013

Former Text:

125/0.01. Short title

§ 0.01. Short title. This Act may be cited as the Hunter and Fishermen Interference Prohibition Act.

CREDIT(S)

P.A. 83-153, § 0.01, added by P.A. 86-1324, § 495, eff. Sept. 6, 1990. Amended by P.A. 96-397, § 10, eff. Jan. 1, 2010.

Formerly Ill.Rev.Stat.1991, ch. 61, ¶ 300.

 

125/1. Definitions

§ 1. Definitions. As used in this Act:

“Interfere with” means to take any action that physically impedes, hinders, or obstructs the lawful taking of wildlife or aquatic life.

“Wildlife” means any wildlife the taking of which is authorized by the Wildlife Code and includes those species that are lawfully released by properly licensed permittees of the Department of Natural Resources.

“Aquatic life” means all fish, reptiles, amphibians, crayfish, and mussels the taking of which is authorized by the Fish and Aquatic Life Code. [FN1]

“Taking” means the capture or killing of wildlife or aquatic life and includes travel, camping, and other acts preparatory to taking which occur on lands or waters upon which the affected person has the right or privilege to take such wildlife or aquatic life.

[FN1] 515 ILCS 5/1-1 et seq.

CREDIT(S)

P.A. 83-153, § 1, eff. Jan. 1, 1984. Amended by P.A. 90-555, § 5, eff. Dec. 12, 1997; P.A. 96-397, § 10, eff. Jan. 1, 2010.

Formerly Ill.Rev.Stat.1991, ch.61, ¶ 301.


 

125/2. Wilful obstruction or interference with lawful taking of wild animals

§ 2. Any person who performs any of the following is guilty of a Class B misdemeanor:

(a) Wilfully obstructs or interferes with the lawful taking of wildlife or aquatic life by another person with the specific intent to prevent that lawful taking.

(b) (Blank).

(c) (Blank).

(d) (Blank).

A person violates this Section when he or she intentionally or knowingly engages in any of the following acts:

(1) Drives or disturbs wildlife or aquatic life for the purpose of disrupting a lawful taking of wildlife or aquatic life.

(2) Blocks, impedes, or physically harasses another person who is engaged in the process of lawfully taking wildlife or aquatic life.

(3) Uses natural or artificial visual, aural, olfactory, gustatory, or physical stimuli to affect wildlife or aquatic life behavior in order to hinder or prevent the lawful taking of wildlife or aquatic life.

(4) Erects barriers with the intent to deny ingress or egress to or from areas where the lawful taking of wildlife or aquatic life may occur.

(5) Intentionally interjects himself or herself into the line of fire or fishing lines of a person lawfully taking wildlife or aquatic life.

(6) Affects the physical condition or placement of personal or public property intended for use in the lawful taking of wildlife or aquatic life in order to impair the usefulness of the property or prevent the use of the property.

(7) Enters or remains upon or over private lands without the permission of the owner or the owner's agent, with the intent to violate this Section.

This Section does not apply to actions performed by authorized employees of the Department of Natural Resources, duly accredited officers of the U.S. Fish and Wildlife Service, sheriffs, deputy sheriffs, or other peace officers if the actions are authorized by law and are necessary for the performance of their official duties.

This Section does not apply to landowners, tenants, or lease holders exercising their legal rights to the enjoyment of land, including, but not limited to, farming and restricting trespass.

It is an affirmative defense to a prosecution for a violation of this Section that the defendant's conduct is protected by his or her right to freedom of speech under the constitution of this State or the United States.

Any interested parties may engage in protests or other free speech activities adjacent to or on the perimeter of the location where the lawful taking of wildlife or aquatic life is taking place, provided that none of the provisions of this Section are being violated.

CREDIT(S)

P.A. 83-153, § 2, eff. Jan. 1, 1984. Amended by P.A. 88-397, § 5, eff. Jan. 1, 1994; P.A. 90-555, § 5, eff. Dec. 12, 1997; P.A. 96-397, § 10, eff. Jan. 1, 2010.

Formerly Ill.Rev.Stat.1991, ch.61, ¶ 302.

 

125/3. Failure to cease and desist

§ 3. Any person who knowingly performs any of the following acts is guilty of a Class A misdemeanor:

(a) Fails to obey the order of a peace officer to desist from conduct in violation of Section 2 of this Act if the officer observes such conduct, or has reasonable grounds to believe that the person has engaged in such conduct that day or that the person plans or intends to engage in such conduct that day on a specific premises.

(b) Is guilty of a second or subsequent violation of Section 2. For purposes of this Section, a “second or subsequent violation” means a conviction under this Act within 2 years of a prior violation arising from a separate set of circumstances. The sentence of any person convicted of a second or subsequent violation shall include imprisonment for not less than 7 days. A person guilty of a second or subsequent violation is not eligible for court supervision.

CREDIT(S)

P.A. 83-153, § 3, eff. Jan. 1, 1984. Amended by P.A. 88-397, § 5, eff. Jan. 1, 1994; P.A. 90-555, § 5, eff. Dec. 12, 1997.

Formerly Ill.Rev.Stat.1991, ch. 61, ¶ 303.

 

125/4. Injunctions; damages

§ 4. (a) Any court may enjoin conduct which would be in violation of Section 2 of this Act upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

(b) A court shall award all resulting costs and damages to any person adversely affected by a violation of Section 2, which may include an award for punitive damages. In addition to other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment and supplies, to the extent that such expenditures were rendered futile by prevention of the taking of wildlife or aquatic life.

(c) A court shall revoke, for a period of one year to 5 years, any Illinois hunting, fishing, or trapping privilege, license or permit of any person convicted of violating any provision of this Act.

CREDIT(S)

P.A. 83-153, § 4, eff. Jan. 1, 1984. Amended by P.A. 88-397, § 5, eff. Jan. 1, 1994; P.A. 96-397, § 10, eff. Jan. 1, 2010.

Formerly Ill.Rev.Stat.1991, ch.61, ¶ 304.


 

 



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