NRS 501.385. Free consultation.
Illegal hunting and fishing
Most Nevada hunting and fishing violations are misdemeanors under NRS 501.385, but intentionally killing a deer, elk, bighorn sheep, pronghorn, moose, mountain goat, mountain lion, or black bear in one of the circumstances listed in NRS 501.376, such as out of season or without a valid tag, is a Category E felony that the court may reduce to a gross misdemeanor. A conviction for unlawfully killing or possessing wildlife brings a court-ordered civil penalty for each animal, and any wildlife conviction can add demerit points that lead to suspension of your hunting and fishing privileges here and in other compact states. Those license consequences often outlast the criminal case, so how the citation is resolved matters as much as the fine.
Illegal hunting and fishing
NRS 501.385 makes any violation of Nevada's wildlife title or Wildlife Commission regulations a misdemeanor unless a specific statute provides otherwise. Intentionally killing a bighorn sheep, mountain goat, elk, deer, moose, pronghorn antelope, mountain lion, or black bear out of season, from an aircraft in violation of NRS 503.010, by a method other than the one on the tag, knowingly outside legal hunting hours, or without a valid tag is a Category E felony under NRS 501.376, which the court may reduce to a gross misdemeanor under NRS 501.376(3).
Under NRS 501.385, a person who does or attempts an act prohibited by the wildlife title, willfully fails to do a required act, obstructs a Department officer, violates a Commission order or regulation, or uses a license or permit other than as specified is guilty of a misdemeanor, punished by a fine of $50 to $500, up to 6 months in county jail, or both. NRS 501.376 makes the intentional killing of listed big game…
Example fact patterns
Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified. The details of your case will differ.
Examples of defenses
Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.
Potential penalties
A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.
How these cases usually start
Most wildlife cases begin with a Nevada Department of Wildlife game warden at a trailhead, a check station, a boat ramp, or a camp, often in a rural county far from Las Vegas. For a misdemeanor, NRS 501.386 requires the warden to issue a citation rather than make an arrest, unless the person cannot identify themselves or the warden believes they will not appear. For a felony, a gross misdemeanor, a repeat misdemeanor offense, or a misdemeanor that is a crime of violence, the warden can either cite or take the person before a magistrate.
The citation lists a court date in the court for the area where it was issued, which may be hundreds of miles from home. Missing that date has its own wildlife consequence: under NRS 501.3865 the court notifies the Department, and the Department moves to suspend your license, tag, or permit. A person without a license cannot buy one until the case is resolved (NRS 501.3867).
Wardens commonly seize the animal, the meat, the rifle or bow, and sometimes the cooler or the vehicle as evidence. Under NRS 501.375, equipment held as evidence can be recovered by the owner within one year after it is no longer needed, and the Department must send written notice when that happens. Equipment used to unlawfully kill big game is treated differently and can be forfeited.
Demerit points and losing your hunting privileges
Nevada runs a demerit point system for wildlife convictions, set out in NRS 501.1812 to 501.1818. The Wildlife Commission assigns the point values by regulation. Points stay on your record for 60 months from the conviction. If several violations come from one event, only the violation with the most points counts.
A "wildlife conviction" for this purpose includes a plea of no contest and a forfeiture of bail that is not set aside. Simply paying the citation can count as a conviction and put points on your record. It also includes a federal Lacey Act conviction when it rests on a violation of Nevada law.
At nine to 11 points, the Department sends notice by certified mail, and completing an approved hunter responsibility course removes four points. That course can be used for this purpose only once every 60 months. At 12 points, the Department must suspend or revoke your licenses, permits, and privileges. You have 30 days after receiving the notice to request a hearing before the Commission, which puts the suspension on hold until the Commission decides. Judicial review is available after that under chapter 233B of NRS.
A point-based suspension generally cannot exceed three years. For a conviction under NRS 501.376, the limit is five years for a gross misdemeanor and 10 years for a felony, and two felony convictions from separate events mean permanent revocation. Hunting or buying a license while suspended is its own offense under NRS 501.387, punishable by up to six months in jail and a $1,000 fine, and the suspension can be extended.
Other states and federal law
Nevada is a member of the Wildlife Violator Compact (NRS 506.010). Under the compact, a member state that receives a report of a conviction in another member state treats it as if it happened at home for license-suspension purposes, and member states recognize each other's suspensions. A nonresident cited in Nevada should expect the conviction to follow them home, and a Nevada hunter suspended here should expect the suspension to follow them to other compact states.
The federal Lacey Act, 16 U.S.C. 3372, makes it unlawful to transport, sell, receive, or buy in interstate commerce wildlife that was taken or possessed in violation of state law. An animal taken unlawfully in Nevada and driven or shipped across a state line can become a federal case. Separately, NRS 501.384 makes it unlawful to possess in Nevada wildlife taken in violation of another state's or country's law.
What to do right now
- Do not just pay the citation. A bail forfeiture can count as a wildlife conviction for demerit purposes. Look at the license consequences before deciding how the case ends.
- Keep your records. Save your license and tag, purchase receipts, the wildlife app history on your phone, GPS tracks, maps, and photos of the animal, the scene, and any signs or the absence of signs.
- Do not explain it to the warden after the fact. Calling or messaging the warden to clear things up gives the state your statement. Let counsel handle any contact.
- Calendar the court date. Missing it triggers a license suspension under NRS 501.3865. Call 702-990-0190 before the date on the citation.
The flat fee shown on this page covers misdemeanor wildlife cases. A felony charge under NRS 501.376 is priced at the Category D or E felony tier: $5,000, with $2,000 down to start.
Illegal hunting FAQs
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Page last updated . Written by Michael Mee, Nevada Bar No. 13726.
