9.900 — HUNTING LICENSE AND TAGS

Violations of "Statute 9.900" results in an Class C Misdemeanor

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(a) Definitions

A hunting license and tags are official documents issued by a regulatory authority that authorize an individual to engage in hunting activities within a specific area and time frame. A hunting license provides legal permission to hunt, while tags are used to regulate and limit the number of certain species an individual may harvest.

(b) Elements

To establish the offense of hunting without a proper license and tags, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant engaged in hunting activities within the jurisdiction.

• The defendant did not possess a valid hunting license or the necessary tags for the species being hunted.

• The defendant knew or should have known that a valid hunting license and tags were required for the hunting activity in question.

(c) Defenses

Defenses against this charge may include:

• The defendant was not engaged in hunting and can provide evidence to support that claim.

• The defendant had a valid license and tags but failed to present them due to an oversight or temporary circumstance (e.g., forgot the documents at home).

• The defendant was exempt from licensing requirements due to specific legal exceptions (e.g., age, land ownership, tribal rights).

(d) Aggravating Factors

When determining the severity of the offense, the following aggravating factors may be considered:

• The defendant hunted protected or endangered species without the required tags.

• The defendant previously violated hunting laws, showing a pattern of non-compliance.

• The defendant was engaged in hunting activities in areas where it was prohibited or restricted, increasing the risk of harm to wildlife or the environment.

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