Hunting, fishing, or trapping without consent on lands of others; penalties.

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If any person, at any time whatsoever, shall hunt or range on any lands or shall enter thereon, for the purpose of hunting, fishing, or trapping, without the consent of the owner or manager thereof, such person shall be guilty of a misdemeanor and, upon conviction thereof, shall, for a first offense, be fined not more than five hundred dollars or imprisoned for not more than thirty days, for a second offense, be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days and, for a third or subsequent offense, be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than six months or both. The magistrates court has concurrent jurisdiction to hear first and second offenses under this section. A first or second offense prosecution resulting in a conviction shall be reported by the magistrate or city recorder hearing the case to the communications and records division of the South Carolina Law Enforcement Division which shall keep a record of such conviction so that any law enforcement agency may inquire into whether or not a defendant has a prior record. Only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.

HISTORY: 1962 Code Section 28-8; 1952 Code Section 28-8; 1942 Code Section 1758; 1932 Code Section 1779; Cr. C. '22 Section 756; Cr. C. '12 Section 730; Cr. C. '02 Section 542; G. S. 1689; R. S. 422; 1769 (4) 310; 1905 (24) 906; 1976 Act No. 742 Section 2; 1979 Act No. 62 Section 1A; 1993 Act No. 181, Section 1257; 2014 Act No. 250 (S.986), Section 1, eff June 6, 2014.

Effect of Amendment

2014 Act No. 250, Section 1, rewrote the section.


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