32-1032. Big game and wild turkey violations; penalties.
32-1032
32-1032. Big game and wild turkey violations;penalties.(a) Violation of any provision of the wildlife and parks laws of this state orrules and regulations of the secretary relating to big game or wildturkey permits and game tags,taking big game or wild turkey during aclosed season, taking big game or wild turkey in violation of subsections(a)(1), (2) or (7) of K.S.A. 32-1003, and amendments thereto, or taking biggame or wild turkey in violation of subsection (a)(2) or (3) of K.S.A. 32-1004,and amendments thereto, or taking big game or wild turkey in violation ofK.S.A. 32-1013, and amendments thereto,is a misdemeanor, subject to the provisions of subsection (b),punishable by a fine or by imprisonment in the county jail, or by both.
(1) Upon a first or second conviction for a violation of the wildlife andparks laws of this state or the rules and regulations of the secretary relatingto this section, the violator shall not befined less than $500 nor more than $1,000 or be imprisoned in the county jailfor not more than six months, or both.
(2) Upon a third conviction for a violation of the wildlife and parks laws ofthis state or the rules and regulations of the secretary relating tothis section, the violator shall not be fined less than$1,000 and shall be imprisoned in the county jail for not less than 30 days.A third conviction shall be a class B nonperson misdemeanor.
(3) Upon a fourth conviction for a violation of the wildlife and parks lawsof this state or the rules and regulations of the secretary relating tothis section, the violator shall not be fined lessthan $1,000 and shall be imprisoned in the county jail for not less than 60days.A fourth conviction shall be a class Anonperson misdemeanor.
(4) Upon the fifth or subsequent convictions for a violation of the wildlifeand parks lawsof the state or the rules and regulations of the secretary relating tothis section, the violator shall not be fined less than$1,000 and shall be imprisoned in the county jail for not less than 90 days.A fifth or subsequent conviction shall be a class A nonperson misdemeanor.
Any conviction for a wildlife violation that occurs beforeJuly 1, 2005, shall not be considered for purposes of thissubsection.
(b) (1) In addition to any other penalty prescribed by law, the unlawfulintentional taking of a trophy big game animal shall be punishable by a fine of$5,000.
(2) A trophy big game animal shall include any animal meeting the followingcriteria:
(A) An antlered whitetail deer having an inside spread measurement of atleast 17 inches;
(B) an antlered mule deer having an inside spread measurement of at least 22inches;
(C) an antlered elk having at least six points on one antler; or
(D) an antelope having at least one horn greater than 14 inches in length.
(3) The secretary may adopt, in accordance with K.S.A. 32-805, and amendmentsthereto, such rules and regulations that the secretary deems necessary toimplement and define the terms of this section.
(c) In addition to any other penalty imposed by theconvicting court, if aperson is convicted of a violation of K.S.A. 32-1001, 32-1002,32-1003, 32-1004 or32-1013, and amendments thereto, that involves taking of a big game animalor wild turkey, orif a person is convicted of a violation of K.S.A. 32-1005, and amendmentsthereto, that involves commercialization of a big game animal or wildturkey:
(1) Upon the first such conviction, the court may order forfeiture ofthe person's huntingprivileges for one year from the date of conviction and: (A) Revocation of theperson's hunting license, unless such license is a lifetime hunting license;or (B) if the person possesses a lifetime hunting license, suspension of suchlicense for one year from the date of conviction.
(2) Upon the second such conviction, the court shall order forfeitureof the person's huntingprivileges for three years from the date of conviction and: (A) Revocation ofthe person's hunting license, unless such license is a lifetime huntinglicense; or (B) if the person possesses a lifetime hunting license, suspensionof such license for three years from the date of conviction.
(3) Upon the third or a subsequent such conviction, the court shallorder forfeiture of theperson's huntingprivileges for five years from the date of conviction and: (A) Revocation ofthe person's hunting license, unless such license is a lifetime huntinglicense; or (B) if the person possesses a lifetime hunting license, suspensionof such license for five years from the date of conviction.
(d) If a person convicted of a violation described insubsection (c) has beenissued a combination hunting and fishing license or a combination lifetimelicense, only the hunting portion of such license shall be revoked or suspendedpursuant to subsection (c).
(e) Nothing in this section shall be construed to prevent aconvicting courtfrom suspending a person's hunting privileges or ordering the forfeiture orsuspension of the person's license, permit, stamp or other issue of thedepartment for a period longer than provided in this section, if suchforfeiture or suspension is otherwise provided for by law.
History: L. 1925, ch. 175, § 2;L. 1963, ch. 245, § 5;L. 1981, ch. 175, § 2;L. 1983, ch. 132, § 1;L. 1985, ch. 132, § 1;L. 1989, ch. 118, § 128;L. 2000, ch. 104, § 4;L. 2000, ch. 159, § 6;L. 2004, ch. 99, § 10;L. 2005, ch. 182, § 2;L. 2007, ch. 33, § 1; Mar. 29.