Montana § 87-6-415 - Failure To Obtain Landowner's Permission For Hunting

§ 87-6-415. Failure To Obtain Landowner's Permission For Hunting

Failure to obtain landowner's permission for hunting. (1) A person may not hunt or attempt to hunt furbearers, game animals, migratory game birds, nongame wildlife, predatory animals, upland game birds, or wolves on private property without first obtaining permission of the landowner, the lessee, or their agents. (2) A person who violates this section shall, upon conviction for a first offense, be fined not less than $135 or more than $500. (3) A person convicted of a second or subsequent 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) shall forfeit 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 not less than 12 months or more than 3 years from the date of conviction or forfeiture of bond or bail; 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. (5) For the purposes of this section, the term "hunt" has the same meaning as provided in 87-6-101 and includes entering private land to: (a) retrieve wildlife; or (b) access public land to hunt.