Title 12: CONSERVATION

Part 13: INLAND FISHERIES AND WILDLIFE

Subpart 3: LAW ENFORCEMENT AND GENERAL OFFENSES

Chapter 909: GENERAL OFFENSES

§10657. Civil trespass

1.  Prohibition.  While engaging in any activity regulated under this Part, a person, knowing that the person is not licensed or privileged to do so, may not:  

A. Enter or cause a projectile to enter any place from which that person may lawfully be excluded and that is posted in accordance with Title 17‑A, section 402, subsection 4 or in a manner reasonably likely to come to the attention of intruders or that is fenced or otherwise enclosed in a manner designed to exclude intruders; or   [PL 2007, c. 334, §1 (NEW).]

B. Enter or remain in or cause a projectile to enter or remain in any place in defiance of a lawful order not to enter or an order to vacate that was personally communicated to that person by the owner of the place or another authorized person.   [PL 2007, c. 334, §1 (NEW).]

[PL 2007, c. 334, §1 (NEW).]

2.  Civil penalties.  The following penalties apply to violations of this section.  

A. A person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged.   [PL 2007, c. 334, §1 (NEW).]

B. A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.   [PL 2007, c. 334, §1 (NEW).]

[PL 2007, c. 334, §1 (NEW).]

3.  Definition.  For the purposes of this section, "projectile" means a bullet, pellet, shot, shell, ball, arrow, bolt or other object propelled or launched from a firearm, archery equipment or similar tensile device.  

[PL 2023, c. 239, §10 (AMD).]

4.  Administrative penalties; mutually exclusive penalties.  A person who violates this section may be subject to administrative penalties under section 10902‑A, but a person who violates this section and receives an administrative penalty for that violation under section 10902‑A is not subject to conviction or adjudication under this section for that violation.  

[PL 2021, c. 124, §1 (NEW).]

SECTION HISTORY

PL 2007, c. 334, §1 (NEW). PL 2021, c. 124, §1 (AMD). PL 2023, c. 239, §10 (AMD).