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 whoviolates 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 ofeach 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'spossession of an animal or each day's possession of a fishing,hunting, or trapping apparatus, appliance, or device the possessionof 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 ofthis article commits a Class B misdemeanor. However, the offenseis 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(1) IC 14-2-3-8(c) (repealed); or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 methodsor with illegal devices; or
(3) except as provided in subsections (c) and (d), sells, offers tosell, purchases, or offers to purchase a deer or wild turkey or apart of a deer or wild turkey;
shall reimburse the state five hundred dollars ($500) for the firstviolation and one thousand dollars ($1,000) for each subsequentviolation.
(b) The money shall be deposited in the conservation officers fishand wildlife fund. This penalty is in addition to any other penaltyunder the law.
(c) Notwithstanding section 6 of this chapter, if a properly taggeddeer is brought to a meat processing facility and the owner of thedeer:
(1) fails to pick up the processed deer within a reasonable time;
or
(2) notifies the meat processing facility that the owner does notwant the processed deer;
the deer meat may be given away by the meat processing facility toanother person. The meat processing facility may charge the personreceiving the deer meat a reasonable and customary processing fee.
(d) Notwithstanding section 6 of this chapter, deer meat andproducts from farm raised deer that meet the requirements underIC 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, excepta deer or turkey, in violation of this article shall reimburse the stateas 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 fishand 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, deliveringfor 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 wildanimals, nests, or eggs that:
(1) are protected by law; and
(2) have an aggregate market value of less than five hundreddollars ($500);
commits a Class C misdemeanor.
(e) A person who knowingly or intentionally sells or ships wildanimals, nests, or eggs that:
(1) are protected by law; and
(2) have an aggregate market value of at least five hundreddollars ($500) but less than five thousand dollars ($5,000);
commits a Class D felony.
(f) A person who knowingly or intentionally sells or ships wildanimals, nests, or eggs that:
(1) are protected by law; and
(2) have an aggregate market value of at least five thousanddollars ($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 adaylight fluorescent orange with the dominant wavelength 595-605nm, a purity of not less than eighty-five percent (85%), and aluminance factor of not less than forty percent (40%).
(b) As used in this section, "wear hunter orange" means to exposeon one's person as an outer garment one (1) or more of the followingarticles 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 thevisibility of the hunter orange material are allowed under thissection.
(c) This subsection applies only during the season when huntingby firearms (as defined in IC 14-22-40-3) is permitted under 312IAC. 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.