PC §905 - HUNTING ON PROTECTED LAND/STATE PARKS

CAClass F Felony

(a) Definition

Hunting on protected lands, such as state parks or monuments, is a serious offense involving the illegal hunting, capturing, or harming of wildlife within areas that are designated as protected by state or federal law. These areas are often set aside for conservation, recreation, and the preservation of natural and cultural resources.

Types of Protected Lands:

• State Parks: Areas managed by the state for the protection of wildlife and natural resources, where hunting is generally prohibited. Such state parks include Mount Chiliad State Wilderness, Senora Park, Land Act Reservoir.

• National Monuments: Federal lands designated to protect significant natural, cultural, or historical features, often with strict regulations against hunting.

(b) Elements of the Offense

To constitute an offense related to hunting on protected lands, the following elements must be met:

1. Unauthorized Hunting:

   • The defendant engaged in hunting activities within a protected area where hunting is explicitly prohibited.

2. Violation of Protected Status:

   • The protected land was legally designated as a state park, national monument, or similar area with regulations prohibiting hunting.

3. Harm to Wildlife:

   • The offense involved the direct or indirect harm, capture, or killing of wildlife within the protected area.

(c) Defenses

Potential defenses against accusations of hunting on protected lands may include:

1. Lack of Knowledge:

   • The defendant was unaware that the land was designated as a protected area and did not knowingly violate the law.

2. Valid Permit:

   • Evidence that the defendant had a valid permit or was acting in accordance with special regulations that allowed for certain activities within the protected area.

3. Mistake of Fact:

   • Proof that the defendant reasonably believed they were outside the boundaries of the protected land.

(d) Aggravating Factors

Certain factors may aggravate the offense, leading to harsher penalties:

1. Repeated Offenses:

   • A history of similar violations or other wildlife-related offenses.

2. Significant Environmental Impact:

   • The offense caused significant harm to the ecosystem, wildlife populations, or the natural resources of the protected area.

3. Commercial Exploitation:

   • The illegal hunting was conducted for commercial gain, such as poaching for profit.

(e) Penalties

Penalties for hunting on protected lands in San Andreas can be severe and may include:

• Jail Time:

  • Up to 150 seconds in state prison.

• Bond Set:

  • A bond amount of $10,000.00.