41-8-18. Big game hunting violation as misdemeanor--Additional penalty on conviction for hunting or taking big game during nighttime, closed season, or without license.
A violation of §41-8-2, 41-8-6, or 41-8-15 is a Class 1 misdemeanor for each prohibited act or each big game animal or any part thereof, taken, caught, killed, sold, offered, or exposed for sale, in possession or in possession with intent to sell, shipped by common carrier, or transported to any point inside or outside the state in violation of law. Upon conviction of any person for hunting or taking big game, except wild turkey, during the nighttime, during a closed season or without a license, the court shall impose a fine of not less than two hundred fifty dollars for each animal involved and that person shall have his or her hunting privileges revoked pursuant to §§41-6-74.1 and 41-6-74.2. A second or subsequent conviction of any person for hunting or taking big game, except wild turkey, during the nighttime, during a closed season, or without a license is a Class 6 felony. In addition, the court shall revoke that person's hunting privileges for a period of five years.
Source: SDC 1939, §25.9906; SL 1970, ch 20, §1 (3); SL 1976, ch 260; SL 1977, ch 190, §562; SL 1978, ch 158, §68; SL 1980, ch 285, §2; SL 1982, ch 289, §3; SL 1991, ch 337, §48; SL 2000, ch 208, §2; SL 2007, ch 242, §1.
Structure South Dakota Codified Laws
Title 41 - Game, Fish, Parks and Forestry
Chapter 08 - Hunting And Trapping Seasons And Methods
Section 41-8-6 - License required to hunt big game--Violation.
Section 41-8-7 - Each violation of big game hunting restrictions as separate offense.
Section 41-8-10 - Minimum caliber of muzzle loading big game ammunition--Violation as misdemeanor.
Section 41-8-12 - Automatic weapon prohibited in hunting game--Violation as misdemeanor.
Section 41-8-15 - Dogs prohibited in hunting big game--Exceptions--Violation.
Section 41-8-16 - Use of salt to attract big game prohibited.
Section 41-8-19 - Trapping of fur-bearing animals prohibited--Exceptions--Violation as misdemeanor.
Section 41-8-20 - Open seasons on fur-bearing animals.
Section 41-8-23 - Killing of mink, muskrats, and beavers causing damage.
Section 41-8-24.1 - Shooting of muskrats under certain conditions.
Section 41-8-25 - Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor.
Section 41-8-26 - Counties in which muskrat restrictions not applicable.
Section 41-8-28 - Trap robbing or injury as misdemeanor.
Section 41-8-31 - Hunting methods restricted--Violation as misdemeanor.
Section 41-8-31.1 - Use of crossbow for hunting big game during firearm season.
Section 41-8-36 - Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.
Section 41-8-39 - Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.
Section 41-8-39.2 - Contracts with aerial hunters of foxes and coyotes.
Section 41-8-41 - Wearing of fluorescent orange by certain hunters--Violation as misdemeanor.
Section 41-8-42 - Prairie dog shooting season open year-round.
Section 41-8-43 - Limit of small game taken by hunting party--Exceptions.