Hunter Harassment

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Titlesort ascending Summary
TN - Hunting - Part 3. Hunter Protection Act. This section represents Tennessee's "Hunter Protection Act." The law makes it a Class C misdemeanor to interfere with the lawful taking of a wild animal by another with the intent to prevent the taking; disturb or engage in an activity that will tend to disturb a wild animal, with the intent to prevent the lawful taking; disturb a person engaged in lawful hunting with the intent to prevent the taking; enter or remain on land with intent to violate this section; fail to obey a peace officer's orders to desist from conduct in violation of this section; or use a drone with the intent to conduct video surveillance of private citizens who are lawfully hunting or fishing without obtaining the written consent of the persons being surveilled. A person affected by conduct in violation of this section may seek an injunction or recover damages, including punitive damages.
Shoot First, Talk Later: Blowing Holes in Freedom of Speech


Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry's First Amendment right to free expression.

SD - Trap - 41-8-28. Trap robbing or injury as misdemeanor This South Dakota law provides that any person who steals, damages or destroys a trap of another, or who steals, damages, or destroys animals, animal carcasses, or the pelts thereof, held fast by such traps, is guilty of a Class 1 misdemeanor.
SD - Hunting - 41-1-8. Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor This South Dakota law reflects the state's hunter harassment provision. The law prohibits a person from intentionally interfering with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. This includes actions specifically intended to harass and any activity intended to scare or disturb game with the specific intent of preventing their lawful taking. Violation is a Class 2 misdemeanor.
SC - Hunting - § 50-1-137. Impeding or obstructing hunting, trapping, fishing, or harvesting of marine In South Carolina, it is unlawful for a person wilfully to impede or obstruct another person from lawfully hunting, trapping, fishing, or harvesting marine species. Any person violating the provisions of this section is guilty of a misdemeanor.
RI - Hunting - § 20-13-16. Harassment of hunters, trappers, and fishers prohibited This law reflects Rhode Island's hunter harassment law. The law provides that no person shall obstruct or interfere with the lawful taking of wildlife by another person at the location where the activity is taking place with intent to prevent the lawful taking. The language states that the listed actions must be done intentionally or knowingly. Violation results in a "civil violation" with a forfeiture of not less than $100 nor more $500.
PA - Hunting - § 2302. Interference with lawful taking of wildlife or other activities permitted by this title prohibited This reflects Pennsylvania's hunter harassment law. It is unlawful for another person at the location where the activity is taking place to intentionally obstruct or interfere with the lawful taking of wildlife or other activities permitted by this title. Violation of this section is a summary offense of the second degree. A person adversely affected by prohibited activities may bring an action to restrain such conduct and to recover damages.
OR - Hunting - 496.994. Unlawful to obstruct the taking of wildlife These two sections reflect Oregon's hunter harassment provisions. Under 496.994, a person commits the offense of obstructing the taking of wildlife if the person, having no right to do so, interferes with the lawful taking, or the process of taking, of wildlife by another with the intent to prevent the taking. Violation is a Class A misdemeanor. In a companion law, a person commits the crime of unlawful taking of wildlife if he or she discharges a hunting device toward a wildlife decoy in a manner inconsistent with lawful taking and the decoy is under the control of law enforcement officials.
OK - Hunting - § 5-212. Obstruction of shooting, hunting, fishing and trapping prohibited--Landowner's rights--Penalties--Exempt This law reflects Oklahoma's hunter harassment provision. Under the law, a person may not willfully obstruct or impede the participation of any individual in the lawful activity of shooting, hunting, fishing or trapping in this state. Violation is a misdemeanor with a fine of $100 to $500. A person convicted under this section is also liable to the person affected for all costs and damages resulting from the interference.
OH - Hunting - Chapter 1533. Hunting; Fishing. General Provisions. This section reflects Ohio's hunter harassment provisions. No person shall purposely prevent or attempt to prevent any person from hunting, trapping, or fishing for a wild animal. A person who is or may be reasonably affected by the prohibited conduct can seek an injunction. The companion statute also provides that no person shall purposely prevent or attempt to prevent hunting by creating noise or loud sounds through the use of implements that are intended to affect the behavior of the wild animal being hunted.

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