Restitution -- Poaching.

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    (a)    (1)    Notwithstanding § 10–1101 of this subtitle, if a person is convicted of poaching deer on any land in the State, the court shall order the person to pay the State restitution in accordance with this section.

        (2)    For an act of poaching that involves trespassing on another’s property, this section applies with respect to the trespass violation only if the person trespasses in a knowing or willful manner.

    (b)    (1)    For each sika deer or antlered white–tailed deer that obtains a score of 150 gross inches or less, as measured by the Boone and Crockett Club’s scoring system for white–tailed deer, a person convicted of poaching deer shall:

            (i)    Pay restitution of not less than $2,000 but not exceeding $5,000, in an amount deemed reasonable by the court; and

            (ii)    Perform 80 hours of community service.

        (2)    For each antlered white–tailed deer that obtains a score of more than 150 gross inches, as measured by the Boone and Crockett Club’s scoring system for white–tailed deer, a person convicted of poaching deer shall:

            (i)    Pay restitution of not less than $5,000 but not exceeding $10,000, in an amount deemed reasonable by the court; and

            (ii)    Perform 80 hours of community service.

        (3)    For each antlerless white–tailed deer, a person convicted of poaching deer shall:

            (i)    Pay restitution of not less than $300 but not exceeding $500, in an amount deemed reasonable by the court; or

            (ii)    Perform 40 hours of community service.

    (c)    The restitution collected under this section shall be credited to the State Wildlife Management and Protection Fund, established under § 10–209 of this title.

    (d)    The Department shall adopt regulations to implement this section.


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