>Two things here:
>
>Second, as crazy as this seems,
>he DID have a deer
>license. We all know he
>filled it with the wrong
>species, but he had a
>license. Because of that, this
>offense will not fall under
>the "Winter Range Act" which
>mandates high fine and loss
>of hunting privileges. The way
>around that is to prove
>he intended to shoot a
>mule deer, not a whitetail,
>which will be difficult.
>
>
I think he could be charged under Wyoming Statute 23-3-102(d) as that section reads:
"Any person who knowingly takes any antlered elk, antlered deer, antlered moose, horned antelope, bighorn sheep, mountain goat, mountain lion, grizzly bear or black bear without the proper license or during a closed season except as otherwise permitted by this act is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than one (1) year, or both. A third or subsequent conviction within ten (10) years for a violation of this subsection shall constitute a felony punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than two (2) years, or both. For the purposes of determining whether a violation of this subsection is a felony, convictions resulting from the same occurrence shall be considered a single conviction even if the result of the occurrence is more than one (1) misdemeanor conviction. The provisions of W.S. 6 8 101(a) shall not apply to convictions under this section."
He took an antlered mule deer "without the proper license" and it was a closed season for mule deer.
ClearCreek