§ 113-290.1. Penalties.
§ 113‑290.1. Penalties.
(a) A person who violates the provisions of this Article isguilty of a misdemeanor punishable as follows:
(1) If property damage only results from the unlawful activity,a Class 2 misdemeanor, and the court shall order the payment of restitution tothe property owner;
(2) If bodily injury not leading to the disfigurement or totalor partial permanent disability of another person results from the unlawfulactivity, a Class 1 misdemeanor; if property damage also results from the unlawfulactivity, the court shall order the payment of restitution to the propertyowner;
(3) If bodily injury leading to the disfigurement or total orpartial permanent disability of another person results from the unlawfulactivity, a Class 1 misdemeanor; if property damage also results from theunlawful activity, the court shall order the payment of restitution to theproperty owner;
(4) If death results from the unlawful activity, a Class 1misdemeanor; if property damage also results from the unlawful activity, thecourt shall order the payment of restitution to the property owner.
(b) The fact that a person was impaired at the time of aviolation of this Article shall be an aggravating factor and the court shallimpose an additional fine and/or imprisonment in accordance with (a)(2) abovein cases not resulting in bodily injury and in accordance with (a)(4) above incases resulting in bodily injury. For purposes of this section,"impaired" means being under the influence of an impairing substance,or having consumed sufficient alcohol so that the person has, at any relevanttime after the offense, an alcohol concentration of .10 or above.
(c) In addition to the penalties provided in (a), uponconviction of a violation of this Article, the Wildlife Resources Commissionshall suspend all hunting privileges of:
(1) A person convicted under (a)(1) for one year;
(2) A person convicted under (a)(2) for three years; and
(3) A person convicted under (a)(3) or (a)(4) for five years.
(d) A person convicted of hunting or taking wild animals or wildbirds while his hunting license is suspended under this section shall be guiltyof a Class 1 misdemeanor, and shall have all hunting privileges suspended foran additional five years. The person shall not be issued another huntinglicense until he has satisfactorily completed the hunter safety courseestablished in G.S. 113‑270.1A.
(e) This Article shall be enforced by law enforcement officersof the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and bypeace officers with general subject matter jurisdiction.
(f) A violation of this Article resulting in the death ofanother person constitutes a separate and distinct offense from, and is not alesser included offense of, the crime of involuntary manslaughter. (1991, c. 748; 1993, c. 539, ss. 860, 861; 1994, Ex.Sess., c. 24, s. 14(c).)