§ 29-7-209. Trespassing of facility licensed pursuant to Oklahoma Farmed Cervidae Act or commercial hunting area - Punishment.

A.  Any person who willfully enters a facility licensed pursuant to the Oklahoma Farmed Cervidae Act or a commercial hunting area licensed pursuant to Section 4-106 of this title without permission by the owner shall be deemed guilty of trespass and, upon conviction thereof, shall be fined in any sum not to exceed One Thousand Five Hundred Dollars ($1,500.00).

B.  Any person who willfully enters a facility licensed pursuant to the Oklahoma Farmed Cervidae Act or a big game commercial hunting area licensed pursuant to Section 4-106 of this title or willfully shoots from or across a public road, highway or railroad right-of-way onto the facility or big game commercial hunting area and hunts, takes or attempts to take a cervidae or wildlife without permission by the owner shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment, and in addition, the court shall order restitution for actual damages incurred.  For purposes of this subsection, "actual damages" includes, but is not limited to, damages to real or personal property wherein the person willfully entering a licensed facility hunts, shoots, shoots at, kills, attempts to kill, disturbs, hazes, takes, or attempts to take any personal property of the owner without permission from the owner.

Added by Laws 2008, c. 63, § 2, eff. July 1, 2008.  Amended by Laws 2009, c. 266, § 1, eff. Nov. 1, 2009; Laws 2011, c. 142, § 3, eff. Nov. 1, 2011; Laws 2012, c. 11, § 5, emerg. eff. April 4, 2012.

Note

NOTE:  Laws 2011, c. 116, § 1 repealed by Laws 2012, c. 11, § 6, emerg. eff. April 4, 2012.