36-2117. PENALTY FOR VIOLATIONS — PROSECUTING ATTORNEY TO PROSECUTE. (1) It shall be the duty of the prosecuting attorney of each county in the state to prosecute, in the county where the violation occurs, any person charged with violating the provisions of section 36-2104 or 36-2116, Idaho Code.
(2) Any person who pleads guilty or is found guilty of a first offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.
(3) Any person who pleads guilty or is found guilty of a second offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.
(4) Any person who pleads guilty or is found guilty of a third or subsequent offense for violating the provisions of section 36-2104, Idaho Code, shall be punished by a fine of five thousand dollars ($5,000), or by imprisonment in the county jail for a term not to exceed one (1) year, if other than a corporation, or by both such fine and imprisonment in the discretion of the court.
(5) Any person who pleads guilty or is found guilty of a violation of section 36-2116, Idaho Code, shall be guilty of a misdemeanor.
(6) All fines and penalties collected for violation of this section, under sentence or judgment of any court, shall be paid over by such court in the same manner as provided for in section 36-2116, Idaho Code. Such court shall also send to the Idaho outfitters and guides licensing board a statement setting forth the title of the court and of the cause for which such moneys were collected, the name and residence of the defendant or defendants, the nature of the offense or offenses and the fine and the sentence or judgment imposed and such moneys so received by the board shall be deposited with the state treasurer and the state treasurer shall credit the same to the occupational licenses fund. The court shall require any person violating the provisions of section 36-2104, Idaho Code, to reimburse the Idaho outfitters and guides licensing board or other city, county, state or federal agency for the employee costs and other costs incurred by the board or agency in the investigation and criminal prosecution of acts for violations of section 36-2104, Idaho Code.
(7) Any person who pleads guilty or is found guilty of violating the provisions of section 36-2104, Idaho Code, may, in the discretion of the court, have their license to hunt or take big game, or to fish, suspended for a period of time as determined by the court.
History:
[36-2117, added 1976, ch. 95, sec. 2, p. 397; am. 1978, ch. 131, sec. 8, p. 301; am. 1982, ch. 174, sec. 5, p. 462; am. 1984, ch. 262, sec. 4, p. 636; am. 1988, ch. 269, sec. 11, p. 894; am. 2008, ch. 112, sec. 3, p. 316; am. 2021, ch. 224, sec. 27, p. 669.]