Liability insurance affords no protection from criminal penalties assessed against a farmer by a regulatory agency. Criminal prosecutions for pollution events are commonplace and are increasingly used by state and federal agencies. Unlike most other criminal acts, environmental crimes require only proof of general intent for a conviction instead of specific intent. For example, if a deer hunter accidentally kills an endangered species while hunting, the deer hunter is guilty of violating the Endangered Species Act. Even though the hunter did not have the specific intent to kill an endangered species, he had the general intent to discharge his weapon and an endangered species was killed.
Jail sentences are common in environmental crimes cases.
For example, property owners have received substantial jail time for destroying as little as one acre of wetlands. Federal sentencing guidelines leave courts little discretion in sentencing violators. Courts can also use shame as a form of punishment. One swine producer was ordered to publish a letter apologizing for his crimes. Farmers can greatly reduce their criminal liability exposure by formulating and following environmental audit procedures.