(1) As used in this section: (a) "Aircraft" means an airplane or helicopter. (b) "Pilot" means an individual who operates the controls of an aircraft while in flight. (2) A pilot may not knowingly, intentionally, or recklessly operate an aircraft if the operation results in a person taking, including locating, wildlife from the aircraft in violation of Section 23A-5-315. (3) A violation of Subsection (2) is: (a) a class B misdemeanor for the first violation; (b) a class A misdemeanor for the second violation; or (c) a third degree felony for a third or subsequent violation. (4) If a pilot violates this section, the division may revoke a license, tag, certificate of registration, or permit held by the pilot in accordance with Section 23A-4-1106.
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