Title 27, Chapter 3, Section 1
( 27-3-1)
(a) It shall be unlawful for any person to hunt upon the lands of
another or enter upon the lands of another in pursuit of wildlife,
with or without a license, without first obtaining permission from
the landowner or lessee of such land or the lessee of the game
rights of such land. Such permission shall not be required,
however, if the person hunting or a member of the person's family is
the owner of the land, the lessee of the land, or the lessee of the
game rights of the land. For the purposes of this Code section
only, "family" means mother, father, son, daughter, brother, sister,
uncle, aunt, son-in-law, daughter-in-law, niece, nephew, grandson,
granddaughter, grandmother, grandfather, or spouse. (b) If the land is posted and if the owner of the land, lessee of
the land, or lessee of the game rights of the land has informed a
law enforcement agency that permission to hunt upon the land must be
in writing, then the permission required by subsection (a) of this
Code section must be in writing and must be carried on the hunter's
person. (c)(1) Except as otherwise provided in this subsection, any person
who violates subsection (a) or (b) of this Code section shall be
guilty of a misdemeanor and shall be punished by a fine of not
less than $500.00. (2) Any person who violates subsection (a) or (b) of this Code
section for the second time within a two-year period shall be
guilty of a misdemeanor of a high and aggravated nature and shall
be punished by a fine of not less than $1,000.00; and the
department shall revoke the right of such person to a hunting
license for a period of one year for each such second conviction
within a two-year period. (3) Any person who violates subsection (a) or (b) of this Code
section for a third or subsequent time within a three-year period
shall be guilty of a misdemeanor of a high and aggravated nature
and shall be punished by a fine of not less than $2,000.00; and
the department shall revoke the right of such person to a hunting
license for a period of three years for each such third or
subsequent conviction within a three-year period. (4) The minimum fines and revocation periods specified in this
subsection shall not apply, however, to an offender who is 17
years of age or younger. (d) It shall be the duty of any peace officer whose duty it is to
preserve the peace or make arrests or enforce the law to enforce
this Code section. (e) Any owner of land, lessee of land, or lessee of the game or
fishing rights to land who gives permission to another person to
hunt, fish, or take wildlife upon the land with or without charge
shall be entitled to the same protection from civil liability
provided by Article 2 of Chapter 3 of Title 51 for landowners who
allow the public to use their land for recreational purposes without
charge. |