February 19, 2008 |
2008-R-0129 | |
INTERNET HUNTING | ||
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By: Veronica Rose, Principal Analyst Gerald Barrett, Legislative Fellow | ||
You asked for background information on Internet hunting.
SUMMARY
Internet hunting (also called cyber hunting or computer-assisted remote hunting) allows a person with an Internet connection to fire a rifle from virtually anywhere, killing real prey in “real time.”
Supporters of the practice say it is a way to allow people with disabilities to enjoy the thrill of hunting. Critics say it is not hunting; it is killing and it violates the rules of “fair chase.” Internet hunting has been strongly criticized by the Humane Society of the United States (which calls it pay-per-view slaughter); pro-hunting groups, including the National Rifle Association; and animal rights advocates, among others.
At least 35 states, including all the New England states, but not Connecticut, have banned Internet hunting. Opponents are seeking a federal ban. Two bills currently before Congress (HR 2711 and S. 2422) would prevent the operation of websites allowing Internet hunting (http://www.govtrack.us/congress/bill.xpd?bill=s110-2422). A 2007 bill (HB 6570) to ban the practice in Connecticut died on the House Calendar.
INTERNET HUNTING AND LEGISLATION
Internet hunting emerged as an issue in 2005 when a Texas businessman launched the website www.live-shot.com promoting the practice as “a real time on-line shooting experience.”
For a $14.95 monthly fee and deposit towards the cost of the animal he or she wished to kill, a subscriber with a high speed Internet connection could log on to the website at a scheduled time and, using a remote controlled .22 caliber rifle with a webcam mounted on it, shoot animals at a private game farm in Texas. Employees at the farm would lure the animal the subscriber ordered to a feeding station within range of the rifle. When the animal approached, the subscriber used the computer mouse to line up the cross hairs and clicked the mouse to discharge the rifle. Employees at the farm finished the job if the hunter missed. (It appears, after visiting www.live-shot.com, that the remote hunting service is no longer offered.)
Table 1 shows 35 states that have banned Internet hunting. (Samples of legislation are attached.)
Table I: States that Ban Internet Hunting
State |
Penalty |
Alaska |
Class A misdemeanor (up to $10,000 fine, up to one year imprisonment) (Alaska Stat. §§ 16.05.797, 12.55.035, and 12.55.135) |
Alabama |
Misdemeanor ($2,000-$5,000 fine, up to 30 days prison term, or both for first offense; at least $5,000 fine and 10 to 30 days imprisonment for subsequent offense) (Ala. Code §§ 9-11-501, 9-11-505) |
Arkansas |
Civil penalty of $500-2,000 (Ark. Game and Fish Commission Reg. § 18.22) |
California |
No penalty specified (Cal. Fish and Game Code § 3003) |
Delaware |
No penalty specified (Del. Code Ann. tit. 7 § 704(h)) |
Florida |
Penalty not specified (Fish and Wildlife Commission rule § 68A-4.001, effective July 1) |
Georgia |
High misdemeanor ($1,000 to $5,000 fine, up to 12 months imprisonment, or both) (GA. Code Ann. § 27-3-12) |
Idaho |
Misdemeanor ($25 to $1,000 fine, up to six months imprisonment, or both) (Idaho Code §§ 36-1101(b)(8) and 36-1402) |
Illinois |
Class B misdemeanor (up to six months imprisonment, up to $1,500 fine) to hunt on the Internet; class A misdemeanor (up to one year imprisonment, up to $2,500, or both) to provide software or services to help someone hunt on the Internet. Person who facilitates the practice (e.g., landowner or computer programmer) is guilty of class A misdemeanor (520 ILCS 5/2.33b and 5/3.5(c)) |
Iowa |
Serious misdemeanor (first violation); D felony (subsequent violation); plus possible civil penalty of up to $10,000 (Iowa Code § 481A.125A) |
Kentucky |
No penalty specified (Ky. Rev. Stat. Ann. § 150.363) |
Louisiana |
Class 6 violation ($900 to $950 fine, imprisonment for up to 120 days, or both) (La. Rev. Stat. Ann. § 56:116.5 and 56:36) |
Maine |
Class E crime to own or operate commercial game shooting area for remote control hunting (up to $1,000, up to 6 months, or both) (Me. Rev. Stat. Ann. Tit. 12 § 12103 & 7 §§ 1344 & 1347) |
Maryland |
Misdemeanor (fine up to $10,000, imprisonment for up to one year or both) (MD. Code. Ann. Nat. Res. § 10-426) |
Massachusetts |
Imprisonment for up to 21/2 years, fine up to $2,500, or both (Mass. Gen. Laws Chap. 131: § 65A) |
Michigan |
Misdemeanor (up to 93 days prison term, fine up to $500, or both for first offense; up to one year prison term, up to $1,000, fine, or both for subsequent offense (Mich. Stat. Ann. §§ 750.236a, 750.236b, and 750.236c) |
Minnesota |
Unclassified misdemeanor (up to 90 days imprisonment, up to $1,000 fine, or both) (Minn. Stat. § 97B.115) |
Mississippi |
Class I offense ($2,000 to $5,000 fine and five days imprisonment) (Miss. Code Ann. §§ 49-7-68 and 49-7-141) |
Missouri |
Penalty not specified (Missouri Wildlife Code § 10-7.410(1)(R)) |
Nebraska |
Class II misdemeanor (up to six months imprisonment, up to $1,000 fine, or both, plus civil fine of at least (1) $250 for a first offense and (2) $500 for subsequent offense) (Neb. Rev. Stat. Ann. §§ 37-572 and 28-106) |
New Hampshire |
Class A misdemeanor for natural person (up to one year imprisonment, up to $2,000 fine, or both); felony for other than natural person, plus possible civil penalty of at least $10,000 in either case (N.H. Rev. Stat. Ann. §§ 207:8-a and 651.2) |
New Jersey |
Up to $500 civil penalty per violation (N.J. Rev. Stat. § 23:4-24.5 and 23:4-24.6) |
New Mexico |
Misdemeanor (up to six months imprisonment and fine (amount unclear) (N.M. Stat. Ann. §§ 17-3-49, 17-2-10) |
New York |
Up to $2,500 civil fine (N.Y. ECL §§ 11-1906 and 71-0923(10)) |
North Carolina |
Class 1 misdemeanor (N.C. Gen. Stat. §§ 113-294q and 113-291.1A) |
Oregon |
Requires State Fish and Wildlife Commission to adopt rules (ORS § 496.146(20)) |
Pennsylvania |
3rd degree misdemeanor (up to one year imprisonment, fine up to $2,500 or both (18 PA. Code §§ 7641 and 106) |
Rhode Island |
Misdemeanor (fine up to $1,000, imprisonment up to one year, or both) (R.I. Code §§ 20-1-25 and 11-1-2) |
South Carolina |
At least $5,000 fine, up to one year prison term, or both for first offense; up to $10,000 fine, up to five years imprisonment, or both, for subsequent offense (S.C. Code Ann. § 50-11-95 and 16-1-20) |
Tennessee |
Class A misdemeanor (imprisonment for up to 11 months and 29 days, fine up to $2,500, or both (Tenn. Code Ann. §§ 70-4-501 to 504 and 40-35-111(e)) |
Texas |
Class B misdemeanor (up to $2,000, up to 180 days imprisonment, or both) for first violation; Class A misdemeanor (up to $4,000, up to one year imprisonment, or both) for subsequent violation (Parks and Wildlife Code Ann. § 62.002 and Penal Code §§ 12.21 and 12:22) |
Vermont |
Civil fine up to $1,000 (VT. Stat. Ann. §§ 10-4715 and 4515) |
Virginia |
Class 1 misdemeanor (up to $2,500 fine, up to 12 months imprisonment, or both (Va. Code Ann. §§ 29.1-530.3 and 18.2-11) |
West Virginia |
No penalty specified (W. Va. Code Ann. § 20-2-5(29)) |
Wisconsin |
Ban applies only to farm raised deer; No penalty specified (2005 Wisconsin Act 35) |
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