1. A person commits the offense of unlawful retrieval of large or small game if he or she, while engaged in the retrieval of wildlife from private land that is not owned or in the possession of such person with permission of the landowner or lessee of the land: (1) Intentionally drives or flushes any large or small game located on the land toward other hunters of the retriever's same hunting group located on other parcels of land or right-of-ways; or (2) Intentionally discharges a firearm at large or small game that originates from the private land during retrieval. 2. It shall be an affirmative defense to prosecution for a violation of this section that the premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises. 3. The offense of unlawful retrieval of large or small game is a class B misdemeanor.
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