Hunter Harassment
Displaying 51 - 55 of 55
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| Brown v. Kemp | This is a case brought by a group of hunting opponents against Wisconsin state employees to challenge Wisconsin’s hunter harassment statute. The challenged statute criminalizes those who photograph or videotape hunting activities with intent to interfere with the hunting. The challengers, who intended to use the footage to spur public debate about hunting and ensure hunters are following state taking limits, allege that the law violates the First Amendment and is unconstitutionally vague. The trial court granted summary judgment to the state employees after finding that the statute did not violate the First Amendment, and the hunting opponents appealed. On appeal, the court found that the statutory provisions on visual/physical proximity and approaching/confronting hunters were unconstitutionally vague, the photographing/recording provision was unconstitutionally overbroad, and the entire statute was an unconstitutional viewpoint-based regulation of speech. |
| AZ - Hunting - § 17-316. Interference with rights of hunters; classification; civil action; exceptions | This law represents Arizona's hunter harassment law. Under the law, it is a class 2 misdemeanor for a person while in a hunting area to intentionally interfere with, prevent or disrupt the lawful taking of wildlife as defined under the law. It is a class 3 misdemeanor for a person to enter or remain on a designated hunting area on any public or private lands or waters or state lands including state trust lands with the intent to interfere with, prevent or disrupt the lawful taking of wildlife. "Incidental interference" arising from lawful activity by public land users is not unlawful under this section. |
| AR - Hunting - Chapter 71. Riots, Disorderly Conduct, | 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. |
| AL - Hunting - Article 8A. Interference with Legal Hunting or Fishing. | This section of law reflects Alabama's hunter harassment provisions. Under the section, no person shall willfully and knowingly prevent, obstruct, impede, disturb, or interfere with, or attempt to prevent, obstruct, impede, disturb, or interfere with any person who is legally hunting or fishing. Prohibited activities include creating a visual, aural, olfactory, or physical stimulus intended to affect the natural behavior of the wild animal being hunted or fish for the purpose of fishing, or affecting the condition or location of personal property intended for use in the hunting or fishing. Any person violating this article is guilty of a Class C misdemeanor. |
| AK - Hunting - § 16.05.790. Obstruction or hindrance of lawful hunting, fishing, trapping, or viewing of fish or game | This Alaska law constitutes the state's hunter harassment law. Under the law, a person may not intentionally obstruct or hinder another person's lawful hunting, fishing, trapping, or viewing of fish and game. Only a peace officer may arrest a person for violation of this section. Exclusions include lawful competitive hunting, actions taken on private property with the consent of the landowner, and obstruction or hindrance by a person actively engaged in lawful hunting, fishing, or trapping activities. Violation is a misdemeanor with a fine of not more than $500 or imprisonment for not more than 30 days, or both. |