Montana Code Annotated 2019



Part 4. Hunting Offenses

Failure To Obtain Landowner's Permission For Hunting

87-6-415. Failure to obtain landowner's permission for hunting. (1) A resident or nonresident shall obtain permission of the landowner, the lessee, or their agents before taking or attempting to take game animals, migratory game birds, nongame wildlife, predatory animals, upland game birds, or wolves while hunting on private property.

(2) A person who violates this section shall, upon conviction for a first offense, be fined $135.

(3) A person convicted of a second offense of hunting on private property without obtaining permission of the landowner within 5 years shall be fined not less than $500 or more than $1,000.

(4) In addition, the person, upon conviction under subsection (3) or forfeiture of bond or bail:

(a) may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court; and

(b) may be ordered to make restitution for property damage resulting from the violation in an amount and manner to be set by the court. The court shall determine the manner and amount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.

History: En. Sec. 44, Ch. 258, L. 2011; amd. Sec. 1, Ch. 338, L. 2013; amd. Sec. 1, Ch. 92, L. 2015.