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O.C.G.A. § 27-1-31 — Unlawful possession or use of wildlife; unlawful concealment | Georgia Code
O.C.G.A. § 27-1-31 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 27 GAME AND FISH

Section 1. General Provisions, 27-1-1 through 27-1-39.

27-1-31. Unlawful possession or use of wildlife; unlawful concealment.

  1. It shall be unlawful for any person to make use of or possess any wildlife or parts thereof which he knows or reasonably should have known have been taken or possessed contrary to any of the wildlife laws, rules, and regulations.
  2. It shall also be unlawful for any person to conceal the taking or possessing of wildlife by himself or any other person, whether by accident or otherwise, if the person concealing the taking or possessing knows or reasonably should have known that the wildlife has been taken or possessed illegally.

(Ga. L. 1972, p. 925, § 1; Code 1933, § 45-203, enacted by Ga. L. 1977, p. 396, § 1.)

JUDICIAL DECISIONS

Conviction reversed.

- Defendant's conviction for unlawful possession of wildlife was reversed where, although defendant's joint constructive possession of a wild turkey could be inferred from the circumstances, the state failed to show beyond a reasonable doubt that defendant knew or reasonably should have known that the turkey was taken illegally by the nonresident codefendant, who had unlawfully obtained an honorary hunting license. Ford v. State, 178 Ga. App. 706, 344 S.E.2d 514 (1986).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 59 et seq.

ALR.

- Construction and application of statute or ordinance making possession of carcass of game, fish, or bird, or parts thereof, a criminal offense, 125 A.L.R. 1200.

Validity, construction, and application of state wildlife possession laws, 50 A.L.R.5th 703.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.