37-428. Stamps; unlawful acts; penalty; affirmative defense.

It shall be unlawful: (1) For any person who has a stamp under sections 37-426 to 37-433 to lend or transfer the stamp to another person or for any person to borrow or use the stamp of another; (2) for any person to (a) procure a stamp under an assumed name, (b) falsely state the place of his or her legal residence in procuring the stamp, or (c) make any other false statement in procuring the stamp; (3) for any person to knowingly issue or aid in securing a stamp under sections 37-426 to 37-433 for any person not legally entitled thereto; (4) for any person disqualified for a stamp to take or possess a fish, bullfrog, snapping turtle, tiger salamander, or mussel, to hunt game birds, upland game birds, or game animals, or to harvest fur-bearing animals with or without a stamp during any period when such right has been forfeited or for which his or her stamp has been revoked by the commission; or (5) for anyone to take or possess a fish, bullfrog, snapping turtle, tiger salamander, or mussel, to hunt game birds, migratory waterfowl, upland game birds, or game animals, or to harvest fur-bearing animals without a permit as required by section 37-401 and the appropriate stamp as required by the Game Law. Any person violating any of the provisions of sections 37-426 to 37-433 shall be guilty of a Class V misdemeanor and the court shall require the offender to purchase the required stamp, and any stamp obtained or used in violation of sections 37-426 to 37-433 shall be canceled and confiscated, if appropriate, by the court.

It shall be an affirmative defense to prosecution for any violation of sections 37-426 to 37-433 for which possession is an element of the offense that such possession was not the result of effort or determination or that the actor was unaware of his or her physical possession or control for a sufficient period to have been able to terminate such possession or control.

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