Liberators Criminal Defense

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.

NRS 501.385Nevada · Misdemeanor; Category E felony for intentional big game kills in listed circumstances

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).

General penalty
Misdemeanor: $50 to $500 fine, up to 6 months, or both (NRS 501.385)
Big game killing
Category E felony, reducible to gross misdemeanor (NRS 501.376)
Civil penalty
$25 to $30,000 per animal (NRS 501.3855)
License
Demerit points; 12 points means suspension or revocation (NRS 501.1816)
Key statutory language (abridged)

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…

How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified. The details of your case will differ.

Illegal hunting and fishingHow wildlife cases come up
No license, or the wrong tag
Hunting or fishing without a license is a misdemeanor under NRS 502.010. Having wildlife in your possession without the correct tag attached or validated is separately unlawful under NRS 502.150, and the statute makes an untagged animal prima facie evidence that it was taken illegally. Under NRS 501.376, a big game tag is not valid if it is knowingly used by someone other than the person named on it, or knowingly used outside the management area printed on it.
Out of season or outside legal hours
NRS 503.090 prohibits hunting game mammals or game birds outside an open season set by the Wildlife Commission. NRS 503.140 limits hunting to the hours the Commission sets, or sunrise to sunset where it has set none. Season and hunt-unit boundaries change by regulation from year to year, so the exact dates in the current regulations matter.
Prohibited methods
NRS 503.150 makes it unlawful to hunt game birds or game mammals with the aid of an artificial light (spotlighting) and to hunt big game other than mountain lions with dogs. NRS 503.010 prohibits shooting at game from a motor vehicle or aircraft and using aircraft or drones to spot game for hunters on the ground. NRS 503.165 prohibits carrying a rifle or shotgun with a round in the chamber in or on a vehicle on or along any public highway or other way open to the public, and NRS 503.175 makes firing from or across a highway or main county road a misdemeanor.
Private land and posted property
NRS 503.240 makes it unlawful to hunt, trap, or fish in nonnavigable waters on private land after a warning given the way the trespass statute, NRS 207.200, describes, or where signs forbid hunting without the owner's permission. In much of rural Nevada, private parcels sit inside larger blocks of public land, and the boundary is not always obvious on the ground.
How to read this
These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.
Defense playbook

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.

Illegal hunting and fishingWhere the defense focuses
Boundary and land-status mistakes
Many cases turn on where the hunter actually was: inside or outside a hunt unit, on public or private ground, on posted or unposted land. GPS data, mapping-app tracks, plat maps, and the actual signage at the scene can contradict a warden's account. For the private-land offense, the state has to show a warning or posted signs of the kind NRS 503.240 requires.
License and tag documentation
Tags now come in both paper and electronic form, and validation errors happen. Department records, purchase receipts, the app history on your phone, and the tag itself can show that a valid license or tag existed when the warden says it did not. A paperwork problem is a different case from a poaching case, and the defense should make the record show that.
Identification of the animal
The species, sex, antler or horn measurements, and where the animal was taken all drive the charge and the civil penalty. The difference between a trophy animal and a non-trophy animal under NRS 501.3855 can be the difference between a $5,000 minimum and a $250 minimum. Measurements, photographs, and lab work deserve independent review.
Intent and the statutory exceptions
The felony in NRS 501.376 requires an intentional killing, and some versions require that the person acted knowingly. The statute does not apply when the killing was necessary to protect a person, pet, or livestock in imminent danger of attack, or when the animal killed was not the intended target and taking the intended target would have been lawful.
How to use this
These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.
Penalties overview

Potential penalties

A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.

Illegal hunting and fishingWhat a conviction means
Most wildlife violations (NRS 501.385)
Misdemeanor
Fine of $50 to $500, up to 6 months in county jail, or both. This covers violations of the wildlife title and Commission regulations unless a specific statute says otherwise, including obstructing a Department officer.
Unlawful killing of big game (NRS 501.376)
Category E felony
Requires an intentional killing of 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. 1 to 4 years, but under NRS 193.130 the court generally must suspend the sentence and grant probation, which can include up to 1 year in county jail; fine up to $5,000. The court may reduce the offense to a gross misdemeanor after considering the circumstances and the defendant's attitude.
Possessing unlawfully killed big game, knowing or with reason to know (NRS 501.376)
Gross misdemeanor
Up to 364 days in county jail, a fine up to $2,000, or both (NRS 193.140).
False statement to get a big game tag (NRS 502.060)
Gross misdemeanor
A false statement for any other license, tag, or permit is a misdemeanor. Bonus points obtained through the false statement are forfeited.
Civil penalty per animal (NRS 501.3855)
$25 to $30,000
Ordered by the court on top of the criminal sentence after a conviction for unlawfully killing or possessing wildlife, for each animal: $5,000 to $30,000 for a trophy big game mammal; $250 to under $5,000 for other big game, bobcat, swan, or eagle; $25 to $1,000 for other fish or wildlife. Hunting or fishing without a license adds $50 up to the cost of the license. Unpaid penalties can lead the Department to suspend or refuse licenses.
Equipment and license consequences
Forfeiture and revocation
Guns, vehicles, and other equipment used to unlawfully kill big game are subject to forfeiture (NRS 501.3857). After an NRS 501.376 conviction the court must require immediate surrender of the licenses (NRS 501.388); after other wildlife convictions it may (NRS 501.387). The Commission may refuse a new license for up to 3 years and bar applications for big game tags for up to 10 years (NRS 501.388).
Important
Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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

What people ask first.

Page last updated . Written by Michael Mee, Nevada Bar No. 13726.

Talk to a Nevada criminal defense lawyer today

(702) 990-0190
Call 702-990-0190Text