(1) As used in this section, "convicted" includes a guilty adjudication, guilty plea, no contest plea, and guilty or no contest plea entered in a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance.
(2) A person commits habitual wanton destruction of protected wildlife if the person:
(a) takes a big game animal in violation of Section 23A-5-311; and
(b) within seven years of the day on which the violation described in Subsection (2)(a) occurs, has twice been convicted of taking a big game animal in violation of Section 23A-5-311.
(3) A person who commits habitual wanton destruction of protected wildlife is guilty of a third degree felony.