North Dakota Code 20.1-01-33 – Exploitation of wildlife – Penalty
1. A person is guilty of exploitation of wildlife if that person intentionally:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
| Class A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 20.1-01-33
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
- Possession: means control, actual possession, and constructive possession of the article or thing specified. See North Dakota Code 20.1-01-02
- Small game: includes all game birds and tree squirrels. See North Dakota Code 20.1-01-02
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Waterfowl: includes all varieties of geese, brant, swans, ducks, rails, and coots. See North Dakota Code 20.1-01-02
- Wildlife: means any member of the animal kingdom including any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. See North Dakota Code 20.1-01-02
a. Commits five or more title 20.1 class A misdemeanor offenses within a two-year period; b. Commits seven or more title 20.1 misdemeanor offenses within a two-year period; c. Furnishes assistance, management, or supervision to an individual who commits or assists in the commission of seven or more title 20.1 misdemeanor offenses within a two-year period; or
d. Commits a title 20.1 misdemeanor offense after having been previously convicted of seven or more title 20.1 misdemeanor offenses within a ten-year period.
2. Violation of this section is a class C felony and, in addition to other penalties imposed by law, is subject to section 20.1-01-26. The defendant being over a daily or possession limit of fish, small game, or waterfowl is not sufficient as a predicate offense for a conviction under subdivision b or c of subsection 1 unless the state proves that the conduct occurred over more than three days or the person takes or possesses more than four times a daily limit and the state alleges and proves beyond a reasonable doubt that the minimum number of predicate offenses required were committed intentionally. Except for a charge under subdivision d of subsection 1, the state may not charge an individual for both the predicate offense and a charge under this section. A conviction from another state or a federal court for an offense similar to one prescribed in title 20.1 may be used as a conviction under this section.