State Codes and Statutes

Statutes > Kansas > Chapter21 > Article37 > Statutes_11905

21-3728

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3728.   Criminal hunting; intentional criminalhunting.(a) Criminal hunting is hunting, shooting, fur harvesting, pursuing any bird oranimal, or fishing:

      (1)   Upon any land or nonnavigable body of water of another, without havingfirst obtained permission of the owner or person in possession of suchpremises; or

      (2)   upon or from any public road, public road right-of-way or railroadright-of-way that adjoins occupied or improved premises, without having firstobtained permission of the owner or person in possession of such premises.

      Criminal hunting is a class C misdemeanor. Upon the first conviction thereofafter the effective date of this act, and in addition to any authorizedsentence imposed by the court, such court may require the forfeiture of theconvicted person's hunting, fishing or fur harvesting license, or all, or, inany case where such person has a combination license, the court may requireforfeiture of a part or all of such license and the court may order such personto refrain from hunting, fishing or fur harvesting, or all, for up to one yearfrom the date of such conviction. Upon any subsequent conviction thereof, andin addition to any authorized sentence imposed by the court, such court shallrequire the forfeiture of the convicted person's hunting, fishing or furharvesting license, or all, or, in any case where such person has a combinationlicense, the court shall require the forfeiture of a part or all of suchlicense and the court shall order such person to refrain from hunting, fishingor fur harvesting, or all, for one year from the date of such conviction. Aperson licensed to hunt and following or pursuing a wounded game bird or animalupon any land of another without permission of the landowner or person inlawful possession thereof shall not be deemed to be in violation of thisprovision while in such pursuit, except that this provision shall not authorizea person to remain on such land if instructed to leave by the owner thereof orother authorized person.

      The court shall notify the department of wildlife and parks of any convictionor diversion for criminal hunting.

      (b)   Intentional criminal hunting is hunting, shooting, fur harvesting,pursuing any bird or animal or fishing upon any land or nonnavigable body ofwater of another by a person who knows such person is not authorized orprivileged to do so, and:

      (1)   Such person remains therein and continues to hunt, shoot, fur harvest,pursue any bird or animal or fish in defiance of an order not to enter or toleave such premises or property personally communicated to such person by theowner thereof or other authorized person; or

      (2)   such premises or property are posted in a manner consistent with K.S.A.32-1013, and amendments thereto.

      Intentional criminal hunting is a class B misdemeanor. Upon the firstconviction or a diversion agreement for intentional criminal hunting after theeffective date of this act, and in addition to any authorized sentence imposedby the court, the court shall require forfeiture of such person's hunting,fishing or fur harvesting license, or all, or in the case where such person hasa combination license, the court shall require forfeiture of a part or all ofsuch license for six months. Upon the second conviction of intentionalcriminal hunting and in addition to any authorized sentence imposed by thecourt, such court shall require the forfeiture of the convicted person'shunting, fishing or fur harvesting license, or all, or in the case where suchperson has a combination license, the court shall require forfeiture of a partor all of such license for one year. Upon the third or subsequent conviction ofintentional criminal hunting and in addition to any authorized sentence imposedby the court, such court shall require forfeiture of the convicted person'shunting, fishing or fur harvesting license, or all, or in the case where suchperson has a combination license, the court shall require forfeiture of a partor all of such license for five years.

      The court shall notify the department of wildlife and parks of any convictionor diversion for intentional criminal hunting.

      History:   L. 1969, ch. 180, § 21-3728;L. 1977, ch. 113, § 1;L. 1992, ch. 298, § 48;L. 2004, ch. 135, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article37 > Statutes_11905

21-3728

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3728.   Criminal hunting; intentional criminalhunting.(a) Criminal hunting is hunting, shooting, fur harvesting, pursuing any bird oranimal, or fishing:

      (1)   Upon any land or nonnavigable body of water of another, without havingfirst obtained permission of the owner or person in possession of suchpremises; or

      (2)   upon or from any public road, public road right-of-way or railroadright-of-way that adjoins occupied or improved premises, without having firstobtained permission of the owner or person in possession of such premises.

      Criminal hunting is a class C misdemeanor. Upon the first conviction thereofafter the effective date of this act, and in addition to any authorizedsentence imposed by the court, such court may require the forfeiture of theconvicted person's hunting, fishing or fur harvesting license, or all, or, inany case where such person has a combination license, the court may requireforfeiture of a part or all of such license and the court may order such personto refrain from hunting, fishing or fur harvesting, or all, for up to one yearfrom the date of such conviction. Upon any subsequent conviction thereof, andin addition to any authorized sentence imposed by the court, such court shallrequire the forfeiture of the convicted person's hunting, fishing or furharvesting license, or all, or, in any case where such person has a combinationlicense, the court shall require the forfeiture of a part or all of suchlicense and the court shall order such person to refrain from hunting, fishingor fur harvesting, or all, for one year from the date of such conviction. Aperson licensed to hunt and following or pursuing a wounded game bird or animalupon any land of another without permission of the landowner or person inlawful possession thereof shall not be deemed to be in violation of thisprovision while in such pursuit, except that this provision shall not authorizea person to remain on such land if instructed to leave by the owner thereof orother authorized person.

      The court shall notify the department of wildlife and parks of any convictionor diversion for criminal hunting.

      (b)   Intentional criminal hunting is hunting, shooting, fur harvesting,pursuing any bird or animal or fishing upon any land or nonnavigable body ofwater of another by a person who knows such person is not authorized orprivileged to do so, and:

      (1)   Such person remains therein and continues to hunt, shoot, fur harvest,pursue any bird or animal or fish in defiance of an order not to enter or toleave such premises or property personally communicated to such person by theowner thereof or other authorized person; or

      (2)   such premises or property are posted in a manner consistent with K.S.A.32-1013, and amendments thereto.

      Intentional criminal hunting is a class B misdemeanor. Upon the firstconviction or a diversion agreement for intentional criminal hunting after theeffective date of this act, and in addition to any authorized sentence imposedby the court, the court shall require forfeiture of such person's hunting,fishing or fur harvesting license, or all, or in the case where such person hasa combination license, the court shall require forfeiture of a part or all ofsuch license for six months. Upon the second conviction of intentionalcriminal hunting and in addition to any authorized sentence imposed by thecourt, such court shall require the forfeiture of the convicted person'shunting, fishing or fur harvesting license, or all, or in the case where suchperson has a combination license, the court shall require forfeiture of a partor all of such license for one year. Upon the third or subsequent conviction ofintentional criminal hunting and in addition to any authorized sentence imposedby the court, such court shall require forfeiture of the convicted person'shunting, fishing or fur harvesting license, or all, or in the case where suchperson has a combination license, the court shall require forfeiture of a partor all of such license for five years.

      The court shall notify the department of wildlife and parks of any convictionor diversion for intentional criminal hunting.

      History:   L. 1969, ch. 180, § 21-3728;L. 1977, ch. 113, § 1;L. 1992, ch. 298, § 48;L. 2004, ch. 135, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article37 > Statutes_11905

21-3728

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3728.   Criminal hunting; intentional criminalhunting.(a) Criminal hunting is hunting, shooting, fur harvesting, pursuing any bird oranimal, or fishing:

      (1)   Upon any land or nonnavigable body of water of another, without havingfirst obtained permission of the owner or person in possession of suchpremises; or

      (2)   upon or from any public road, public road right-of-way or railroadright-of-way that adjoins occupied or improved premises, without having firstobtained permission of the owner or person in possession of such premises.

      Criminal hunting is a class C misdemeanor. Upon the first conviction thereofafter the effective date of this act, and in addition to any authorizedsentence imposed by the court, such court may require the forfeiture of theconvicted person's hunting, fishing or fur harvesting license, or all, or, inany case where such person has a combination license, the court may requireforfeiture of a part or all of such license and the court may order such personto refrain from hunting, fishing or fur harvesting, or all, for up to one yearfrom the date of such conviction. Upon any subsequent conviction thereof, andin addition to any authorized sentence imposed by the court, such court shallrequire the forfeiture of the convicted person's hunting, fishing or furharvesting license, or all, or, in any case where such person has a combinationlicense, the court shall require the forfeiture of a part or all of suchlicense and the court shall order such person to refrain from hunting, fishingor fur harvesting, or all, for one year from the date of such conviction. Aperson licensed to hunt and following or pursuing a wounded game bird or animalupon any land of another without permission of the landowner or person inlawful possession thereof shall not be deemed to be in violation of thisprovision while in such pursuit, except that this provision shall not authorizea person to remain on such land if instructed to leave by the owner thereof orother authorized person.

      The court shall notify the department of wildlife and parks of any convictionor diversion for criminal hunting.

      (b)   Intentional criminal hunting is hunting, shooting, fur harvesting,pursuing any bird or animal or fishing upon any land or nonnavigable body ofwater of another by a person who knows such person is not authorized orprivileged to do so, and:

      (1)   Such person remains therein and continues to hunt, shoot, fur harvest,pursue any bird or animal or fish in defiance of an order not to enter or toleave such premises or property personally communicated to such person by theowner thereof or other authorized person; or

      (2)   such premises or property are posted in a manner consistent with K.S.A.32-1013, and amendments thereto.

      Intentional criminal hunting is a class B misdemeanor. Upon the firstconviction or a diversion agreement for intentional criminal hunting after theeffective date of this act, and in addition to any authorized sentence imposedby the court, the court shall require forfeiture of such person's hunting,fishing or fur harvesting license, or all, or in the case where such person hasa combination license, the court shall require forfeiture of a part or all ofsuch license for six months. Upon the second conviction of intentionalcriminal hunting and in addition to any authorized sentence imposed by thecourt, such court shall require the forfeiture of the convicted person'shunting, fishing or fur harvesting license, or all, or in the case where suchperson has a combination license, the court shall require forfeiture of a partor all of such license for one year. Upon the third or subsequent conviction ofintentional criminal hunting and in addition to any authorized sentence imposedby the court, such court shall require forfeiture of the convicted person'shunting, fishing or fur harvesting license, or all, or in the case where suchperson has a combination license, the court shall require forfeiture of a partor all of such license for five years.

      The court shall notify the department of wildlife and parks of any convictionor diversion for intentional criminal hunting.

      History:   L. 1969, ch. 180, § 21-3728;L. 1977, ch. 113, § 1;L. 1992, ch. 298, § 48;L. 2004, ch. 135, § 1; July 1.