This statute prohibits the killing of any bird of prey, resulting in a misdemeanor conviction . If the bird is a bald eagle, the individual faces a maximum fine of up to $1,000 and one year in jail in addition to the revocation of hunting privileges for five years. For discussion of federal Eagle Act, see Detailed Discussion .
It is unlawful for any person to molest or kill any of the birds of prey within this State. Birds of prey include all hawks, eagles, falcons, kites, vultures, owls, and ospreys. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. However, if the bird of prey is a bald eagle, the person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or be imprisoned for not less than thirty days nor more than one year, or both.
If the bird of prey is a bald eagle, the person convicted shall also lose his privilege to hunt in this State for a period of five years from the date he is convicted of this offense if the bald eagle was killed and for a period of five years if the bald eagle was molested. "Convicted" for purposes of this section includes a plea of guilty or nolo contendere to the offense.
HISTORY: [Derived from former § 50-11-2030 (1962 Code § 28-452.1; 1971 (57) 170)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 1997 Act No. 94, § 1.