State v. Bucheger

These consolidated appeals raise the sole question of whether a violation of Wis. Adm. Code sec. NR 10.12(1)(h) requires proof that the hunter knew or should have known that a hunted area was baited. We conclude that a minimal level of scienter — knew or should have known — is required. Because the trial court did not make findings as to whether any of the defendants should have known that the area was baited, we reverse and remand.

We adopt the facts as stated by the trial court in its decision from the bench. The four defendants were hunting migratory birds at the proper time and with the…