Full Statute Name:  West's Code of Georgia Annotated. Title 27. Game and Fish. Chapter 3. Wildlife Generally. Article 6. Interference with Lawful Taking.

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Primary Citation:  Ga. Code Ann., § 27-3-150 to 152 Country of Origin:  United States Last Checked:  October, 2023 Alternate Citation:  GA ST § 27-3-150 to 152 Date Adopted:  1986 Historical: 
Summary: These Georgia laws comprise the state's hunter harassment provisions. Under the section, it is unlawful for any person to interfere with the lawful taking of wildlife by another person by intentionally preventing or attempting to prevent such person from such lawful taking of wildlife; engage in activity tending to disturb wildlife for the purpose of intentionally preventing the lawful taking of such wildlife; or fail to obey an order of a law enforcement officer to desist from prohibited conduct. The section also allows the superior court of a county to enjoin prohibited conduct and imposes civil liability on violators.

 

§ 27-3-150. Definition of “lawful taking”

As used in this article, the term “lawful taking” means taking wildlife when such taking is authorized by the provisions of this title or by rules or regulations of the board adopted pursuant to the authority of this title.

CREDIT(S) 

Laws 1986, p. 1460, § 1.

 

§ 27-3-151. Prohibited acts on wildlife management area

(a) It shall be unlawful for any person to:

(1) Interfere with the lawful taking of wildlife by another person by intentionally preventing or attempting to prevent such person from such lawful taking of wildlife;

(2) Disturb or engage in activity tending to disturb wildlife for the purpose of intentionally preventing or attempting to prevent the lawful taking of such wildlife; or

(3) Fail to obey an order of a law enforcement officer to desist from conduct violating paragraph (1) or (2) of this subsection if the law enforcement officer observes such conduct or if the law enforcement officer has reasonable grounds for believing that the person has engaged in such conduct that day or that the person plans or intends to engage in such conduct that day at a specific location.

(b) Nothing in subsection (a) of this Code section shall be construed to apply to the activities of law enforcement officers or employees of the department in the performance of their duties.

CREDIT(S) 

Laws 1986, p. 1460, § 1.

 

§ 27-3-152. Injunctions; civil liability

(a) The superior court of a county may enjoin conduct which would be in violation of Code Section 27-3-151 upon the petition of a person who is affected or who reasonably may be affected by such conduct upon a showing that such conduct is threatened or that such conduct has occurred at a particular location in the past and that it is not unreasonable to expect that under similar circumstances such conduct will be repeated.

(b) A person who engages in conduct in violation of Code Section 27-3-151 shall be civilly liable to any other person who is adversely affected by such conduct, and any award for damages may include punitive damages. In addition to any other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, and special equipment and supplies to the extent that such expenditures were rendered futile by preventing the lawful taking of wildlife.

CREDIT(S)

Laws 1986, p. 1460, § 1; Laws 1987, p. 3, § 27.


 

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