(Ill. Rev. Stat. ch. 720 § 125/2 (Supp. 1996))
ILLINOIS COMPILED STATUTES ANNOTATED
CHAPTER 720. CRIMINAL OFFENSES
OFFENSES AGAINST PERSONS
ACT 125. HUNTER INTERFERENCE PROHIBITION ACT
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125/1. Definitions
§ 1. Definitions. As used in this Act:
a. "Wild animal" means any wild creature the taking of which is
authorized by the fish and game laws of the State.
b. "Taking", means the capture or killing of a wild animal and
includes travel, camping, and other acts preparatory to taking which
occur on lands or waters upon which the affected person has the right
or privilege to take such wild animal.
P.A. 83-153, § 1, eff. Jan 1, 1984.
Formerly ill. Rev. Stat. 1991, ch. 61, p 301.
125/2. Interference with lawful taking of wild animal
§ 2. Any person who performs any of the following is guilty of a
Class B misdemeanor:
(a) interferes with the lawful taking of a wild animal by another
with intent to prevent the taking.
(b) disturbs or engages in an activity that will tend to disturb wild
animals, with intent to prevent their lawful taking.
(c) disturbs another person who is engaged in the lawful taking of a
wild animal or who is engaged in the process of taking, with intent
to dissuade or otherwise prevent the taking.
(d) enters or remains upon public lands, or upon private lands
without permission of the owner or his agent, or a lessee, with
intent to violate this Section.
P.A. 83-153, § 2, eff. Jan. 1, 1984.
125/3. Failure to cease and desist
§ 3. Any person who knowingly performs any of the following acts is
guilty of a Class A misdemeanor:
(a) fails to obey the order of a peace officer to desist from conduct
in violation of Section 2 of this Act if the officer observes such
conduct, or has reasonable grounds to believe that the person has
engaged in such conduct that day or that the person plans or intends
to engage in such conduct that day on a specific premises.
(b) is convicted of a second or subsequent violation of Section 2.
For purposes of this Section, a "second or subsequent violation"
means a conviction under this Act within 2 years of a prior violation
arising from a separate set of circumstances. The sentence of any
person convicted of a second or subsequent violation shall include
imprisonment for not less than 7 days. A person convicted of a second
or subsequent violation is not eligible for court supervision.
P.A. 83-153, § 3, eff. Jan. 1, 1984.
125/4. Injunctions--Damages
§ 4. (a) Any court may enjoin conduct which would be in violation of
Section 2 of this Act upon petition by a person affected or who
reasonably may be affected by such conduct, upon a showing that such
conduct is threatened or that it has occurred on a particular
premises in the past and that it is not unreasonable to expect that
under similar circumstances it will be repeated.
(b) A court shall award all resulting costs and damages to any person
adversely affected by a violation of Section 2, which may include an
award for punitive damages. In addition to other items of special
damage, the measure of damages may include expenditures of the
affected person for license and permit fees, travel, guides, special
equipment and supplies, to the extent that such expenditures were
rendered futile by prevention of the taking of a wild animal.
(c) A court shall revoke, for a period of one year to 5 years, any
Illinois hunting, fishing, or trapping privilege, license or permit
of any person convicted of violating any provision of this Act.
P.A. 83-153, § 4, eff. Jan. 1, 1984. |
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