The clear intent of the statute is to prohibit the taking, catching, or killing of protected birds or animals that are lured to an area by bait, and violating the statute requires no proof of a connection of the offender with the bait. Ala. Code 1975. If it were not a strict liability offense, the statute would be difficult to enforce. Nor would the requirement of a culpable mental state render the statute unenforceable. The state's analogy is too broad.
Traffic violations come in all shapes and sizes.
For example, a traffic citation for illegal parking rarely, if ever, damages the reputation of the offender. However, a citation for reckless driving or driving under the influence does damage the reputation of the offender. Hunting over a baited field has the potential to damage the reputation of the offender, because it carries the potential of jail time. Ala. Code 1975. Anytime an offender must serve a jail sentence, his reputation is invariably damaged.