Abuse of wildlife management area land, Heritage Trust land, or department owned land or improvements; penalties.

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The abuse, misuse, damage, or destruction of wildlife management area land, Heritage Trust land, or department owned land or improvements on these lands is unlawful. A person who abuses, misuses, damages, or destroys these lands or improvements on them including, but not limited to, roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or other debris on the property, or who otherwise abuses, damages, destroys, or misuses these lands is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars and be required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, clean up, or restore the property to its condition before the abuse occurred. A person failing to make restitution within the time limit set by the court must serve a mandatory ten-day sentence in the county jail which may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties.

HISTORY: [Derived from former Section 50-11-1610 (1986 Act No. 502, Part II, Section 2)]; 1988 Act No. 561, Section 1; 1993 Act No. 181, Section 1262; 2002 Act No. 257, Section 1; 2009 Act No. 63, Section 2, eff June 2, 2009.

Effect of Amendment

The 2009 amendment in the first sentence added ", Heritage Trust land, or department owned land", in the second sentence deleted "or sets, makes, or builds a fire except in an area specially designated by the landowner, operates a motor conveyance in an area or on a road closed to operation, conducts target practice except in a designated target practice area, camps in an area not designated as a campsite, disregards a safety or restrictive posting by the landowner" and substituted "these lands" for "wildlife management area land" throughout.


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