1. (1) As used in this section:

   1. (a) "Aircraft" means an airplane or helicopter.
   2. (b) "Pilot" means an individual who operates the controls of an aircraft while in flight.
2. (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. (3) A violation of Subsection (2) is:

   1. (a) a class B misdemeanor for the first violation;
   2. (b) a class A misdemeanor for the second violation; or
   3. (c) a third degree felony for a third or subsequent violation.
4. (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.

Enacted by Chapter 400, 2026 General Session