West Virginia Code 20-2-57b – Prohibition against hunting while intoxicated; offense of hunting while intoxicated, creating offense of shooting another person when hunting while intoxicated; creating misdemeanor and, felony offenses for the same; def…
(a) It is unlawful for any person to hunt, pursue, take or kill wild animals or wild birds while the person:
Terms Used In West Virginia Code 20-2-57b
- Conviction: A judgement of guilt against a criminal defendant.
- Hunt: means to pursue, chase, catch or take any wild birds or wild animals. See West Virginia Code 20-1-2
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Person: except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include individuals, partnerships, corporations or other legal entities. See West Virginia Code 20-1-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Take: means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so. See West Virginia Code 20-1-2
- Wild animals: means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats, and includes coyotes and porcupines and all species of cervids. See West Virginia Code 20-1-2
- Wild birds: shall include all birds other than: (a) Domestic poultry &mdash. See West Virginia Code 20-1-2
(1) Is under the influence of alcohol; or
(2) Is under the influence of any controlled substance; or
(3) Is under the influence of any other drug; or
(4) Is under the combined influence of alcohol and any controlled substance or any other drug; or
(5) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more by weight.
(b) Any person violating subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or confined in jail for not less than 30 days nor more than 100 days, or both fined and confined.
(c) It is unlawful for any person, while engaged in hunting, pursuing, taking or killing wild animals or wild birds, to carelessly or negligently shoot and wound another person while the shooter:
(1) Is under the influence of alcohol; or
(2) Is under the influence of any controlled substance; or
(3) Is under the influence of any other drug; or
(4) Is under the combined influence of alcohol and any controlled substance or any other drug; or
(5) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.
(d) Any person violating subsection (c) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,500, or confined in jail for not less than two months nor more than one year, or both fined and confined.
(e) It is unlawful for any person, while engaged in hunting, pursuing, taking or killing wild animals or wild birds, to carelessly or negligently shoot and kill another person while the shooter:
(2) Is under the influence of alcohol; or
(3) Is under the influence of any controlled substance; or
(4) Is under the influence of any other drug; or
(5) Is under the combined influence of alcohol and any controlled substance or any other drug; or
(6) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.
(f) Any person violating subsection (e) of this section is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or imprisoned in a state correctional facility for not less than one year nor more than three years, or both fined and imprisoned.
(e) Any person found guilty of committing an offense under this section shall have their hunting and fishing licenses suspended for a period of five years from the date of conviction or the date of release from incarceration, whichever is later.
(f) Any person found guilty of committing a felony offense under this section shall have their hunting and fishing licenses suspended for a period of ten years from the date of conviction or the date of release from incarceration, whichever is later.
(g) Any person who shoots another person while intoxicated in violation of this section has the same duty and obligation to render aid to the injured person as is set forth in section fifty-seven-a of this article, and is subject to the additional penalties set forth therein as a separate and distinct violation, in the event that he or she fails to render aid to the injured person.