87-2-114. Misdemeanor and felony possession of hunting or fishing license or permit -- penalties. (1) Except as provided in subsection (2), a person commits the offense of unlawful possession of a hunting or fishing license or permit if the person knowingly, as defined in 45-2-101, carries or has physical control over a valid and unused:
     (a) hunting license or permit issued to another person while in any location that the species to be hunted may inhabit;
     (b) resident hunting license or permit or resident fishing license or permit issued to a nonresident; or
     (c) hunting license or permit or fishing license or permit that was issued in violation of applicable law or rule.
     (2) The following exceptions apply to the prohibition in subsection (1):
     (a) A person may carry or have physical control over a license or permit issued to that person's spouse or to any minor when the spouse or minor is hunting with that person.
     (b) The prohibition does not apply to a properly obtained and validated license or permit attached to a lawfully killed game animal.
     (3) Except as provided in subsection (4), a person who violates this section is guilty of a misdemeanor and is punishable as provided in 87-1-102(1).
     (4) A person who violates this section while engaged in a commercial activity, such as taxidermy, meat processing, outfitting, or guiding by carrying or having physical control over three or more hunting licenses that are issued to another person or persons and that are used or intended to be used on game animals not taken by the person or persons to whom the licenses were issued or by knowingly, as defined in 45-2-101, carrying, having physical control of, or selling two or more licenses or permits that were issued in violation of applicable law or rule, is guilty of a felony and upon conviction shall be fined not more than $50,000, imprisoned in the state prison for not more than 5 years, or both.
     (5) In addition to the penalties set out in subsections (3) and (4), a person convicted under this section or who pleads guilty to a violation of this section shall lose all hunting, fishing, and trapping permit and license privileges for not less than 3 years or up to a lifetime revocation from the date of conviction.

     History: En. Sec. 11, Ch. 417, L. 1995; amd. Sec. 5, Ch. 80, L. 2003.