Title 16, Chapter 11, Section 108
( 16-11-108)
(a) Any person who while hunting wildlife uses a firearm or archery
tackle in a manner to endanger the bodily safety of another person
by consciously disregarding a substantial and unjustifiable risk
that his act or omission will cause harm to or endanger the safety
of another person and the disregard constitutes a gross deviation
from the standard of care which a reasonable person would exercise
in the situation is guilty of a misdemeanor; provided, however, if
such conduct results in serious bodily harm to another person, the
person engaging in such conduct shall be guilty of a felony and,
upon conviction thereof, shall be punished by a fine of not more
than $5,000.00 or by imprisonment for not less than one nor more
than ten years, or both. (b) Whenever a person is charged with violating subsection (a) of
this Code section, the arresting law enforcement officer shall take
the hunting license of the person so charged. The hunting license
shall be attached to the court's copy of the citation, warrant,
accusation, or indictment and shall be forwarded to the court having
jurisdiction of the offense. A copy of the citation, warrant,
accusation, or indictment shall be forwarded, within 15 days of its
issuance, to the Game and Fish Division of the Department of Natural
Resources. (c) In order to obtain a temporary hunting license, a person charged
with violating subsection (a) of this Code section must present to
the director of the Game and Fish Division of the Department of
Natural Resources a certificate of satisfactory completion, after
the date of the incident for which the person was charged and
regardless of the person's age or date of birth, of a hunter
education course prescribed by the Board of Natural Resources. A
temporary hunting license issued under such circumstances shall be
valid until the next March 31 or until suspended or revoked under
any provision of this title or of Title 27. The director of the
Game and Fish Division of the Department of Natural Resources may
renew the temporary hunting license during the pendency of charges. (d)(1) If the person is convicted of violating subsection (a) of
this Code section, the court shall, within 15 days of such
conviction, forward the person's hunting license and a copy of the
record of the disposition of the case to the Game and Fish
Division of the Department of Natural Resources. At this time,
the court shall also require the person to surrender any temporary
hunting licenses issued pursuant to the provisions of subsection
(c) of this Code section. (2) If the person is not convicted of violating subsection (a) of
this Code section, the court shall return the hunting license to
the person. |