State v. Thompson
South Carolina Supreme Court
563 S.E.2d 325 (2002)
- Written by Erin Enser, JD
Facts
South Carolina (plaintiff) statutes established a two-month trapping season. The state allowed the trapping of destructive animals out of season with a special depredation permit (i.e., a permit for hunting or trapping destructive animals), which was easily obtainable at no cost. Property owners or their designees could also trap destructive animals within 100 yards of the owner’s residence without a permit. Jeffrey Thompson (defendant) placed beaver traps on his mother’s property outside of trapping season. Thompson’s depredation permit had expired, and he was found guilty of trapping beaver out of season. Thompson appealed his conviction, arguing that the statutes were unconstitutional because they infringed on his fundamental right to protect private property. Thompson also claimed the statutes violated the equal-protection clauses of the United States and South Carolina constitutions because they treated some property owners unequally (e.g., an owner with a residence could trap animals within 100 yards of that residence without a permit, whereas an owner with no structures or nonresidential structures had to obtain a permit). The circuit court affirmed Thompson’s conviction, and Thompson appealed.
Rule of Law
Issue
Holding and Reasoning (Waller, J.)
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