(a) No person shall hunt, chase or pursue with the intent to kill, trap, take or have in possession any deer (living or dead), except those deer legally taken during the open season and during lawful hours in each county.

(b) All evidence including weapons, ammunition, lights, communication systems and/or instrumentalities including motor vehicles used in violation of subsection (a) of this section may be seized and retained as evidence, and forfeited according to procedures set forth in the Superior Court Criminal Rules. Wherever the State seeks to have property allegedly used in violation of subsection (a) of this section forfeited, the Superior Court shall have jurisdiction over both the violation of subsection (a) of this section and the issue of forfeiture.

(c) No person shall make use of dogs for the hunting or pursuing of deer with intent to kill said deer in this State at any time.

(d) No person shall purchase, sell or expose for sale, or transport, ship or possess with the intent to sell, any deer or any part of such deer, except for the hides of lawfully killed deer, at any time. Nothing in this paragraph shall preclude the importation and consumption of venison, approved for sale by the United States Department of Agriculture, into this State.

(e) Any person may possess a deer lawfully killed in another state if the person in possession of such deer has proof of such lawful killing and possession, and presents the proof upon demand to any officer or official of this State. It shall also be lawful to possess deer within an enclosure in a public zoo or park, or if a permit for such deer has been issued by the Department.

(f) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense. In addition to being fined and/or imprisoned, anyone found guilty of a first offense for violating subsection (a) of this section shall be required to turn in any valid hunting license and shall be denied the privilege of hunting, with or without a license, in the State for a period of 2 years, commencing with the date of conviction; for any subsequent offense, anyone found guilty shall be required to turn in any valid hunting license and shall be denied the privilege of hunting, with or without a license, in the State for a period of 5 years, commencing with the date of conviction.

Code 1935, § 2824A; 47 Del. Laws, c. 302, § 1; 7 Del. C. 1953, § 792; 70 Del. Laws, c. 275, §§ 97, 103; 70 Del. Laws, c. 436, § 5.