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Missouri

Vernon's Annotated Missouri Statutes. Title XXXVI. Statutory Actions and Torts.

Statute Details
Printable Version
Citation: MO ST 578.151 - 153; MO ST 537.524

Citation: V. A. M. S. 578.151 - 153; V. A. M. S. 537.524


Last Checked by Web Center Staff: 01/2013

Summary:   This Missouri law reflects the state's hunter harassment provision. Under the law, any person who intentionally interferes with the lawful taking of wildlife by another is guilty of the crime of interference with lawful hunting, fishing or trapping in the first degree. Violation is a class A misdemeanor. Additionally, any person who enters or remains in a hunting, fishing or trapping area where lawful hunting, fishing or trapping may occur with the intent to interfere with the lawful taking of wildlife is guilty of the crime of interference with lawful hunting, fishing or trapping in the second degree. Violation of this section is a class B misdemeanor. A court may enjoin conduct which would be in violation of the hunting interference laws and damages, including punitive damages, may be awarded to person adversely affected.


Statute in Full:

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders. Chapter 578. Miscellaneous Offenses.

578.151. Legislative intent--interference with lawful hunting, fishing or trapping in the first degree--penalty

1. It is the intent of the general assembly of the state of Missouri to recognize that all persons shall have the right to hunt, fish and trap in this state in accordance with law and the rules and regulations made by the commission as established in article IV of the Constitution of Missouri.

2. Any person who intentionally interferes with the lawful taking of wildlife by another is guilty of the crime of interference with lawful hunting, fishing or trapping in the first degree.

3. It shall be considered a violation of this section to intentionally harass, drive, or disturb any game animal or fish for the purpose of disrupting lawful hunting, fishing or trapping.

4. Interference with lawful hunting, fishing or trapping in the first degree is a class A misdemeanor.

CREDIT(S)

(L.1988, S.B. Nos. 434 & 435, § 1. Amended by L.1997, H.B. No. 304, § A.)


 

578.152. Interference with lawful hunting, fishing or trapping in the second degree--penalty

1. Any person who enters or remains in a hunting, fishing or trapping area where lawful hunting, fishing or trapping may occur with the intent to interfere with the lawful taking of wildlife is guilty of the crime of interference with lawful hunting, fishing or trapping in the second degree.

2. Interference with lawful hunting, fishing or trapping in the second degree is a class B misdemeanor.

CREDIT(S)

(L.1988, S.B. Nos. 434 & 435, § 2. Amended by L.1997, H.B. No. 304, § A.)


 

578.153. Peace officer's powers to enforce--failure to obey peace officer, penalty

1. A peace officer as defined by chapter 590, RSMo, who reasonably believes that a person has violated section 578.151 or 578.152 may order the person to desist. Failure to obey the order of a peace officer to desist from conduct in violation of sections 578.151 and 578.152 shall be a class A misdemeanor.

2. Any law enforcement officer shall and any agent of the conservation commission may enforce the provisions of sections 578.151, 578.152 and this section and arrest violators of such sections.

3. The conduct declared unlawful by sections 578.151 and 578.152 shall not include any lawful activity by the landowner or persons in lawful possession of the land.

CREDIT(S)

(L.1988, S.B. Nos. 434 & 435, § 3. Amended by L.1997, H.B. No. 304, § A.)

 

Title XXXVI. Statutory Actions and Torts. Chapter 537. Torts and Actions for Damages.

537.524. Injunction and damages for interference with lawful hunting and trapping

1. A court may enjoin conduct which would be in violation of section 578.151 or 578.152, RSMo, 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 particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

2. A court may award damages to any person adversely affected by a violation of section 578.151 or 578.152, RSMo, 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 interference with the lawful hunting or trapping of a wild animal.

CREDIT(S)

(L.1988, S.B. Nos. 434 & 435, § 4.)

 



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