501.376 - Unlawful killing or possession of bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear; criminal penalties. - Nevada Statutes

501.376  Unlawful killing or possession of bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear; criminal penalties.

      1.  Except as otherwise provided in this section, a person shall not intentionally kill or aid and abet another person to kill a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear:

      (a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;

      (b) Through the use of an aircraft or helicopter in violation of NRS 503.010;

      (c) By a method other than the method prescribed on the tag issued by the Department for hunting that animal;

      (d) Knowingly during a time other than:

             (1) The time of day set by the Commission for hunting that animal pursuant to NRS 503.140; or

             (2) If the Commission has not set such a time, between sunrise and sunset as determined pursuant to that section; or

      (e) Without a valid tag issued by the Department for hunting that animal. A tag issued for hunting any animal specified in this subsection is not valid if knowingly used by a person:

             (1) Other than the person specified on the tag;

             (2) Outside of the management area or other area specified on the tag; or

             (3) If the tag was obtained by a false or fraudulent representation.

      2.  The provisions of subsection 1 do not prohibit the killing of an animal specified in subsection 1 if:

      (a) The killing of the animal is necessary to protect the life or property of any person in imminent danger of being attacked by the animal; or

      (b) The animal killed was not the intended target of the person who killed the animal and the killing of the animal which was the intended target would not violate the provisions of subsection 1.

      3.  A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor. In determining whether to reduce the penalty, the court shall consider:

      (a) The nature of the offense;

      (b) The circumstances surrounding the offense;

      (c) The defendant’s understanding and appreciation of the gravity of the offense;

      (d) The attitude of the defendant towards the offense; and

      (e) The general objectives of sentencing.

      4.  A person shall not willfully possess any animal specified in subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.

      5.  A person who violates the provisions of subsection 4 is guilty of a gross misdemeanor.

      (Added to NRS by 1985, 1348; A 1991, 1570, 2285; 1993, 569; 2003, 2538; 2007, 1798)