(1) As used in this section:
(a) "Aircraft" means an airplane or helicopter.
(b) "Pilot" means an individual who operates the controls of an aircraft while in flight.
(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) A violation of Subsection (2) is:
(a) a class B misdemeanor for the first violation;
(b) a class A misdemeanor for the second violation; or
(c) a third degree felony for a third or subsequent violation.
(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.