36-2117. PENALTY FOR VIOLATIONS — PROSECUTING ATTORNEY TO PROSECUTE. (1) It shall be the duty of the prosecuting attorney of each county in the state to prosecute, in the county where the violation occurs, any person charged with violating the provisions of section 36-2104 or 36-2116, Idaho Code.
(2) Any person who pleads guilty or is found guilty of a first offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.
(3) Any person who pleads guilty or is found guilty of a second offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.
(4) Any person who pleads guilty or is found guilty of a third or subsequent offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.
(5) Any person who pleads guilty or is found guilty of a violation of section 36-2116, Idaho Code, shall be guilty of a misdemeanor.
(6) All fines and penalties collected for violation of this section, under sentence or judgment of any court, shall be paid over by such court in the same manner as provided for in section 36-2116, Idaho Code. Such court shall also send to the Idaho outfitters and guides licensing board a statement setting forth the title of the court and of the cause for which such moneys were collected, the name and residence of the defendant or defendants, the nature of the offense or offenses and the fine and the sentence or judgment imposed and such moneys so received by the board shall be deposited with the state treasurer and the state treasurer shall credit the same to the occupational licenses fund. The court shall require any person violating the provisions of section 36-2104, Idaho Code, to reimburse the Idaho outfitters and guides licensing board or other city, county, state or federal agency for the employee costs and other costs incurred by the board or agency in the investigation and criminal prosecution of acts for violations of section 36-2104, Idaho Code.
(7) Any person who pleads guilty or is found guilty of violating the provisions of section 36-2104, Idaho Code, may, in the discretion of the court, have their license to hunt or take big game, or to fish, suspended for a period of time as determined by the court.
History:
[36-2117, added 1976, ch. 95, sec. 2, p. 397; am. 1978, ch. 131, sec. 8, p. 301; am. 1982, ch. 174, sec. 5, p. 462; am. 1984, ch. 262, sec. 4, p. 636; am. 1988, ch. 269, sec. 11, p. 894; am. 2008, ch. 112, sec. 3, p. 316; am. 2021, ch. 224, sec. 27, p. 669.]
Structure Idaho Code
Chapter 21 - OUTFITTERS AND GUIDES
Section 36-2101 - DECLARATION OF POLICY.
Section 36-2102 - DEFINITIONS.
Section 36-2104 - LICENSE A PREREQUISITE FOR OUTFITTING AND GUIDING.
Section 36-2105 - CREATION OF IDAHO OUTFITTERS AND GUIDES LICENSING BOARD.
Section 36-2106 - APPOINTMENT AND QUALIFICATION OF MEMBERS — ORGANIZATION OF BOARD.
Section 36-2107 - POWERS AND DUTIES OF BOARD.
Section 36-2108 - APPLICATION FOR LICENSE — CONTENTS — FEE — QUALIFICATIONS — TERM — BOND.
Section 36-2109 - FORM AND TERM OF LICENSE — NOTICE OF DENIAL.
Section 36-2110 - OPERATIONS OF LICENSEES — ADJUSTMENT OF AREA — RULES.
Section 36-2111 - DISPOSITION OF FUNDS — CONTINUING APPROPRIATION.
Section 36-2112 - LICENSED OUTFITTERS MAY ACT AS GUIDES.
Section 36-2113 - REVOCATION OR SUSPENSION OF LICENSE — GROUNDS.
Section 36-2114 - REVOCATION OR SUSPENSION OF LICENSE — REVIEW OF DENIAL OF LICENSE — PROCEDURE.
Section 36-2115 - REVIEW OF BOARD ACTION.
Section 36-2116 - COMPLAINT FOR VIOLATION — PROSECUTION BY COUNTY ATTORNEY.
Section 36-2117 - PENALTY FOR VIOLATIONS — PROSECUTING ATTORNEY TO PROSECUTE.
Section 36-2117A - CIVIL PENALTY FOR VIOLATIONS.
Section 36-2118 - LICENSE A PREREQUISITE FOR RECOVERY OF COMPENSATION.