Full Statute Name:  West's Arkansas Code Annotated. Title 5. Criminal Offenses. Subtitle 6. Offenses Against Public Health, Safety, or Welfare. Chapter 71. Riots, Disorderly Conduct, Etc. Subchapter 2. Offenses Generally.

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Primary Citation:  A.C.A. § 5-71-228 Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  AR ST § 5-71-228 Date Adopted:  1991
Summary:

This law comprises Arkansas' hunter harassment law. Under the law, it is unlawful for any person to willfully obstruct or impede the participation of any individual in the lawful activity of shooting, hunting, fishing, or trapping in this state. The section also allows a person to obtain an injunction based on a showing that the hunting/fishing/trapping conduct is threatened or that the obstructive conduct has occurred in the past and it is not unreasonable to expect it to be repeated. Further, a person adversely affected by the obstructive conduct may be awarded damages, including punitive damages. If a person violates this section and is in possession of a firearm, the person is guilty of a Class A misdemeanor; otherwise, violation is a Class B misdemeanor.

Statute Text: 

(a)(1) It is unlawful for any person to willfully obstruct or impede the participation of any individual in the lawful activity of shooting, hunting, fishing, or trapping in this state.

(2) Nothing in this section prohibits a landowner or lessee from exercising his or her lawful right to prohibit hunting, fishing, or trapping on his or her land, or from exercising any other legal right.

(b)(1) A court of general jurisdiction may enjoin conduct that would be in violation of subsection (a) of this section upon petition by a person affected or who reasonably may be affected by the conduct upon a showing that the 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 the conduct will be repeated.

(2)(A) A court of general jurisdiction may award damages, that may include an award for punitive damages, to any person adversely affected by a violation of subsection (a) of this section.

(B) In addition to any other item of special damages, 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 the expenditures were rendered futile by prevention of taking of a wild animal or fish.

(c)(1)(A) Any person violating a provision of this section and in possession of a firearm is guilty of a Class A misdemeanor.

(B) Otherwise, a violation of this section is a Class B misdemeanor.

(2) If the person violating this section holds an Arkansas hunting, fishing, or trapping license at the time of conviction, the license is revoked.

(d) This section does not prevent any wildlife officer or other law enforcement officer from performing his or her duties.

CREDIT(S)

Acts of 1991, Act 149, §§ 1 to 4; Acts of 2005, Act 1994, § 483, eff. Aug. 12, 2005.

 

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