CHAPTER 38. VIOLATIONS
IC 14-22-38
Chapter 38. Violations
IC 14-22-38-1
Violations generally
Sec. 1. Except as otherwise provided in this article, a person who
violates this article commits a Class C misdemeanor.
As added by P.L.1-1995, SEC.15.
IC 14-22-38-2
Separate offenses
Sec. 2. The:
(1) taking, catching, killing, possession, or transportation of
each animal or part of an animal; or
(2) possession of each fishing, hunting, or trapping apparatus,
appliance, or device;
in violation of this article constitutes a separate offense. Each day's
possession of an animal or each day's possession of a fishing,
hunting, or trapping apparatus, appliance, or device the possession
of which is prohibited by this article constitutes a separate offense.
As added by P.L.1-1995, SEC.15.
IC 14-22-38-3
Unlawful taking of deer or wild turkey
Sec. 3. A person who takes a deer or a wild turkey in violation of
this article commits a Class B misdemeanor. However, the offense
is a Class A misdemeanor if the person has a prior conviction under:
(1) IC 14-2-3-8(c) (repealed); or
(2) this section.
As added by P.L.1-1995, SEC.15.
IC 14-22-38-4
Fines; unlawful taking of deer or wild turkey; sale of deer meat
Sec. 4. (a) A person who:
(1) unlawfully takes or possesses a deer or wild turkey;
(2) takes or possesses a deer or wild turkey by illegal methods
or with illegal devices; or
(3) except as provided in subsections (c) and (d), sells, offers to
sell, purchases, or offers to purchase a deer or wild turkey or a
part of a deer or wild turkey;
shall reimburse the state five hundred dollars ($500) for the first
violation and one thousand dollars ($1,000) for each subsequent
violation.
(b) The money shall be deposited in the conservation officers fish
and wildlife fund. This penalty is in addition to any other penalty
under the law.
(c) Notwithstanding section 6 of this chapter, if a properly tagged
deer is brought to a meat processing facility and the owner of the
deer:
(1) fails to pick up the processed deer within a reasonable time;
or
(2) notifies the meat processing facility that the owner does not
want the processed deer;
the deer meat may be given away by the meat processing facility to
another person. The meat processing facility may charge the person
receiving the deer meat a reasonable and customary processing fee.
(d) Notwithstanding section 6 of this chapter, deer meat and
products from farm raised deer that meet the requirements under
IC 15-17 may be sold to the public.
As added by P.L.1-1995, SEC.15. Amended by P.L.75-2005, SEC.1;
P.L.2-2008, SEC.32.
IC 14-22-38-5
Fines; unlawful taking of other wild animals
Sec. 5. (a) A person who takes or possesses a wild animal, except
a deer or turkey, in violation of this article shall reimburse the state
as follows:
(1) Twenty dollars ($20) for the first violation.
(2) Thirty-five dollars ($35) for each subsequent violation.
(b) The money shall be deposited in the conservation officers fish
and wildlife fund.
As added by P.L.1-1995, SEC.15.
IC 14-22-38-6
Unlawful sale or shipment of wild animals, nests, or eggs
Sec. 6. (a) As used in this section, "sell" includes barters,
purchases, and offers to sell, barter, or purchase.
(b) As used in this section, "ship" includes transporting, delivering
for shipment or transport, and causing to be shipped or transported.
(c) As used in this section, "wild animal" includes the following:
(1) A living or dead wild animal.
(2) A part of a living or dead wild animal.
(d) A person who knowingly or intentionally sells or ships wild
animals, nests, or eggs that:
(1) are protected by law; and
(2) have an aggregate market value of less than five hundred
dollars ($500);
commits a Class C misdemeanor.
(e) A person who knowingly or intentionally sells or ships wild
animals, nests, or eggs that:
(1) are protected by law; and
(2) have an aggregate market value of at least five hundred
dollars ($500) but less than five thousand dollars ($5,000);
commits a Class D felony.
(f) A person who knowingly or intentionally sells or ships wild
animals, nests, or eggs that:
(1) are protected by law; and
(2) have an aggregate market value of at least five thousand
dollars ($5,000);
commits a Class C felony.
As added by P.L.1-1995, SEC.15.
IC 14-22-38-7
Hunter orange
Sec. 7. (a) As used in this section, "hunter orange" means a
daylight fluorescent orange with the dominant wavelength 595-605
nm, a purity of not less than eighty-five percent (85%), and a
luminance factor of not less than forty percent (40%).
(b) As used in this section, "wear hunter orange" means to expose
on one's person as an outer garment one (1) or more of the following
articles of clothing that are solid hunter orange in color:
(1) A vest.
(2) A coat.
(3) A jacket.
(4) Coveralls.
(5) A hat.
(6) A cap.
However, articles of clothing specified under this section with logos,
patches, insignia, or printing that does not substantially hinder the
visibility of the hunter orange material are allowed under this
section.
(c) This subsection applies only during the season when hunting
by firearms (as defined in IC 14-22-40-3) is permitted under 312
IAC. A person who hunts for:
(1) deer by firearm or bow and arrow;
(2) cottontail rabbit;
(3) squirrel, unless from a boat, during the period:
(A) beginning on the first Friday that follows November 3;
and
(B) ending on January 31 of the following year;
(4) woodcock;
(5) pheasant;
(6) quail; or
(7) ruffed grouse;
must wear hunter orange.
(d) A violation of this section is a Class D infraction.
As added by P.L.104-2001, SEC.3.