Michigan Deer Hunting – Commonly Prosecuted Misdemeanor Offenses and Penalties

Please be advised that the following partial list of deer hunting charges and penalties in Michigan are always subject to change, and the information that you are reading is not a substitute for the services of a experienced criminal defense lawyer.  It is the responsibility of every Michigan deer hunter to update himself or herself of changes of the law every season for the State and for particular regions in the State where they hunt.  For all DNR and Deer Hunting related arrests, tickets, and charges the recommended criminal defense lawyer in Michigan is attorney Daniel Hilf.

 

Take Deer From a Motor Vehicle [ MCL 324.40111(1) ] – misdemeanor offense with mandatory minimum of at least 5 days in jail to a maximum of 90 days in jail, a minimum fine of at least $200 to a maximum fine of $1000,  Court costs and State fees, restitution for the deer, and the loss of hunting privileges for to remainder of the year of conviction plus 3 additional calendar years pursuant to MCL 324.40118(7).

Loaded or Uncased Firearm in a Motor Vehicle [ MCL 324.40111(2) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Safety Zone – Hunting or Shooting within a Safety Zone [ MCL 324.40111(7) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Obstruct or Interfere with Another Person Hunting [ MCL 324.40112) ] –  misdemeanor offense with a maximum of 93 days in jail for a first conviction (a maximum of 1 year in jail for a second or subsequent conviction), a minimum fine of at least $500 to a maximum fine of $1000 (a minimum fine of $1000 and a maximum fine of $2500 for a second or subsequent conviction), Court costs and State fees,  and the loss of license/permit to take animal pursuant to MCL 324.40112(4).  For subsequent convictions there may be reimbursement for any deer involved.

Use of Artificial Light with Weapon in Possession [ MCL 324.40113(1) ] – misdemeanor offense with a mandatory minimum of 5 days in jail to maximum of 90 days in jail, a minimum fine of at least $100 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges for the remainder of the year plus one additional calendar year or longer at the discretion of the Court pursuant to MCL 324.40118(7).

Use of Artificial Light when Prohibited [ MCL 324.40113(2) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Shining – Fail to Immediately Stop for Peace Officer [ MCL 324.40113(3) ] – misdemeanor offense with a mandatory minimum of 5 days in jail to maximum of 90 days in jail, a minimum fine of at least $100 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Hunter Orange Garment – Failure to Wear [ MCL 324.40116(1) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Take Deer while License Revoked [ MCL 324.43558(5) ] – misdemeanor offense with a maximum of 180 days in jail, a minimum fine of at least $500 to a maximum fine of $2500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Make Use of Illegal Device [ C2.1(1) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Use of Semiautomatic Firearm Capable of Holding More than 6 Shells [ C2.1(2) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Hunt During Closed Season [ C2.1(8) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Take/Posses Over Limit of Deer [ C2.1(9) ] – misdemeanor offense with mandatory minimum of at least 5 days in jail to a maximum of 90 days in jail, a minimum fine of at least $200 to a maximum fine of $1000,  Court costs and State fees, restitution for the deer, and the loss of hunting privileges for to remainder of the year of conviction plus 3 additional calendar years pursuant to MCL 324.40118(7).

Use Dog to Hunt Deer [ C2.1(11) ] –  misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Take Deer with Crossbow when Not Allowed [ C2.1(15) ] –  misdemeanor offense with mandatory minimum of at least 5 days in jail to a maximum of 90 days in jail, a minimum fine of at least $200 to a maximum fine of $500,  Court costs and State fees, restitution for the deer, and the loss of hunting privileges for to remainder of the year of conviction plus 3 additional calendar years pursuant to MCL 324.40118(7).

Hunt Before or After Legal Hunting Hours [ C2.5 ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Hunting from Raised Platforms, Use of Raised Platforms on Publicly Owned Land [ C2.8 ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Hunt Deer with .22 Rimfire or < [ C3.100(3)(e) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Take Deer with .22 Rimfire or < [ C3.100(7) and MCL 324.40118(3) ] – misdemeanor offense with mandatory minimum of at least 5 days in jail to a maximum of 90 days in jail, a minimum fine of at least $200 to a maximum fine of $500,  Court costs and State fees, restitution for the deer, and the loss of hunting privileges for to remainder of the year of conviction plus 3 additional calendar years pursuant to MCL 324.40118(7).

Take Deer Over Water [ C3.100(3)(j) and MCL 324.40118(3) ] – misdemeanor offense with mandatory minimum of at least 5 days in jail to a maximum of 90 days in jail, a minimum fine of at least $200 to a maximum fine of $500,  Court costs and State fees, restitution for the deer, and the loss of hunting privileges for to remainder of the year of conviction plus 3 additional calendar years pursuant to MCL 324.40118(7).

Make Use of Deer Bait – CWD (Chronic Wasting Disease) and TB (Tuberculosis) Areas [ C3.100(5) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Take Deer Over Unlawful Bait [ C3.100(7) and MCL 324.40118(3) ] – misdemeanor offense with mandatory minimum of at least 5 days in jail to a maximum of 90 days in jail, a minimum fine of at least $200 to a maximum fine of $500,  Court costs and State fees, restitution for the deer, and the loss of hunting privileges for to remainder of the year of conviction plus 3 additional calendar years pursuant to MCL 324.40118(7).

Unlawful Baiting Deer [ C3.100(7) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Unlawful Feeding Deer [ C3.100a ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Illegal Take or Posses Deer – Season Related [ C3.101 and MCL 324.40118(3) ] – misdemeanor offense with mandatory minimum of at least 5 days in jail to a maximum of 90 days in jail, a minimum fine of at least $200 to a maximum fine of $500,  Court costs and State fees, restitution for the deer, and the loss of hunting privileges for to remainder of the year of conviction plus 3 additional calendar years pursuant to MCL 324.40118(7).

Kill Tag Violation – Possess Deer without a Validated Kill Tag Attached [ C3.103 ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Unlawful Application – Antlerless License [ C3.104(2) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Illegal Possession of Live Game Taken from the Wild [ C4.1(2) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  restitution, and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Taxidermist Fail to Tag Specimens [ C4.1(8) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Posses Carcass – Deer from CWD State [ C4.1(9) ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Violate Conditions of Deer Damage Shooting Permit [ C5.42 ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Hunt in Park or Recreation Area or Refuge Closed to Hunting [ C7.1 ] – misdemeanor offense with a maximum of 90 days in jail, a minimum fine of at least $50 to a maximum fine of $500, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Dog Train – Unlawful Acts – If Deer Taken Using Illegal Method [ C14.5 ] – misdemeanor offense with mandatory minimum of at least 5 days in jail to a maximum of 90 days in jail, a minimum fine of at least $200 to a maximum fine of $500,  Court costs and State fees, restitution for the deer, and the loss of hunting privileges for to remainder of the year of conviction plus 3 additional calendar years pursuant to MCL 324.40118(7).

Illegal Snare of Restraint [ MCL 324.40118(16) ] – misdemeanor offense with a maximum of 90 days in jail, a fine  of $1000 for the first illegally constructed snare or cable restraint and $250 for each subsequent illegally constructed snare or cable restraint, the cost of prosecution, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

There are additional penalty provisions that are extremely important to know when it comes to deer hunting.  Depending upon the situation, the penalties listed above may be enhanced in the following manners:

3rd Offense of Act/Order Within 5 Years [ MCL 324.40118(17) ] – misdemeanor offense with a mandatory minimum of 10 days in jail to maximum of 180 days in jail, a minimum fine of at least $500 to a maximum fine of $2000, Court costs and State fees,  and the loss of hunting privileges at the discretion of the Court pursuant to MCL 324.43559.

Additional License Revocation – Antlered Deer [ MCL 324.40118(8) ] – in addition to the above listed penalties related to hunting privileges, an individual who is convicted of the illegal killing, possessing, purchasing, or selling of an antlered white-tailed deer is subject to the following penalties: (a) for a first offense, the individual shall not secure or posses a license of any kind to hunt for an additional 2 calendar years; (b) for a second or subsequent offense, the individual shall not secure or possess a license of any kind to hunt for an additional 7 calendar years.

Restitution – Deer [ MCL 324.40119(2) ] – restitution for a deer is $1000.  However, if the individual is convicted of the illegal killing, possessing, purchasing, or selling of an antlered white-tailed deer, there is an additional penalty of $1000 added to the restitution.  On top of the aforementioned restitution, there are more financial penalties depending upon the number of points for the antlered white-tailed deer in question.  If the buck has at least 8 points but not more than 10 points, there is an additional restitution charge of $500 for each point.  If the buck has 11 or more points, the additional restitution charge becomes $750 for each point.  Hence, if a person is convicted as charged of unlawfully taking a doe, the restitution is $1000.  If the person is convicted as charged of unlawfully taking a buck that has less than 8 points the total amount of restitution will be $2000.  If the person is convicted as charged of unlawfully taking a deer that has 10 points the total amount of restitution will be $7000.  If a person is convicted as charged of unlawfully taking a deer with 11 points the total amount of restitution will be $10,250.

 

For any deer hunting or other DNR offense it is recommended that you hire an experienced criminal defense lawyer.  The potential criminal and deer hunting related penalties could impact you and your way of life, and the investment of a experienced DNR defense lawyer may help you avoid a harsh outcome.