CO Code § 33-6-117 (2021)
2021 Colorado Code|Title 33 - Parks and Wildlife|Article 6 - Law Enforcement and Penalties - Wildlife|Part 1 - General Provisions|§ 33-6-117. Willful Destruction of Wildlife - Legislative Intent

     Except as is otherwise provided in articles 1 to 6 of this title or by rule of the commission, it is unlawful for a person:   To hunt or take, or to solicit another person to hunt or take, wildlife and detach or remove, with the intent to abandon the carcass or body, only the head, hide, claws, teeth, antlers, horns, internal organs, or feathers or any or all of such parts;    To intentionally abandon the carcass or body of taken wildlife; or    To take and intentionally abandon wildlife.       A person who violates this subsection (1), with respect to:   Big game, eagles, and endangered species, commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S., and, in addition, shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1)(a)(III), C.R.S. Upon such conviction, the commission shall assess twenty license suspension points and suspend the wildlife license privileges for one year to life of the person convicted.    [ ] All other wildlife species, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points.    [ ] All other wildlife species, commits a class 2 misdemeanor and is assessed twenty license suspension points.          The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns, internal organs, or feathers, from being taken and abandoned, or any or all of the foregoing, and the provisions of this section shall be so construed.    Editor's note: This version of subsection (1)(b)(II) is effective until March 1, 2022. Editor's note: This version of subsection (1)(b)(II) is effective March 1, 2022.  History. Source: L. 84: Entire article R&RE, p. 874, § 1, effective January 1, 1985. L. 85: (1)(a) amended, p. 659, § 12, effective July 1. L. 94: IP(1) amended, p. 1586, § 15, effective May 31. L. 2002: (1)(a) amended, p. 1544, § 295, effective October 1. L. 2003: IP(1), (1)(a), and (2) amended, p. 1029, § 3, effective July 1. L. 2008: (1) amended, p. 537, § 2, effective August 5. L. 2021: (1)(b)(II) amended,(SB 21-271), ch. 462, p. 3260, § 557, effective March 1, 2022.    Editor's note:    This section is similar to former § 33-6-106 as it existed prior to 1984.    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.     Cross references:   For the legislative declaration contained in the 2002 act amending subsection (1)(a), see section 1 of chapter 318, Session Laws of Colorado 2002.   ANNOTATION   The intent element for the crime of killing and abandoning wildlife is that of knowingly. In order to be guilty of killing and abandoning wildlife, the defendant must “knowingly” kill and abandon wildlife. People v. Lawrence, 55 P.3d 155 (Colo. App. 2001) (decided prior to 2008 amendment to subsection (1)).   The mental state “knowingly” is implied by “to take and abandon wildlife” because the language of the abandonment offense logically requires knowing that one abandoned wildlife. Nothing in that language is tied to specific intent, recklessness, or neglect. People v. Gordon, 160 P.3d 284 (Colo. App. 2007) (decided prior to 2008 amendment to subsection (1)).   With the words, “to hunt or take...wildlife and detach or remove, with the intent to abandon the carcass or body, only the head, hide, claws, teeth, antlers, horns, internal organs, or feathers, or any or all of such parts”, the general assembly made it an offense to hunt or kill an animal with the intent to keep only certain parts and to abandon the rest of the carcass. People v. Gordon, 160 P.3d 284 (Colo. App. 2007).   “Abandon” is used here in its ordinary sense. No special, legal meaning is ascribed to the term, and it was not necessary that defendant break camp or leave the state to be found to have abandoned elk carcasses. People v. Dobson, 847 P.2d 176 (Colo. App. 1992).   The phrase “to abandon the carcass or body of such wildlife; or to take and abandon wildlife” is to be read to stand on its own. People v. Gordon, 160 P.3d 284 (Colo. App. 2007).   Willful destruction of wildlife requires proof that a person removed the trophy portions of any wild animal and abandoned the carcass. People v. Gordon, 160 P.3d 284 (Colo. App. 2007).   The general assembly enacted different penal provisions for each offense, identified each with a different title, and, thus, intended to establish more than one offense; therefore, violations of this section and §§ 33-6-109 , 33-6-111 , and 33-6-119 constitute separate offenses. People v. Gordon, 160 P.3d 284 (Colo. App. 2007).   By using the disjunctive “or” between subsections (1)(a)(II) and (1)(a)(III), the legislature intended to describe three alternate, independent ways of committing willful destruction of wildlife. People ex rel. M.C., 2012 COA 64 , 292 P.3d 1030.   Subsections (1)(a)(I), (1)(a)(II), and (1)(a)(III) each constitute an independent offense, and a violation of one is not dependent upon engaging in any of the acts described in another. People ex rel. M.C., 2012 COA 64 , 292 P.3d 1030.   Subsection (1)(a)(II) is not void for vagueness. People ex rel. M.C., 2012 COA 64 , 292 P.3d 1030.   With regard to the term “taken”, a person of common intelligence has sufficient notice that subsection (1)(a)(II) could apply to his or her abandonment of wildlife taken by another person. People ex rel. M.C., 2012 COA 64 , 292 P.3d 1030.   With regard to the term “abandon”, a person of common intelligence would understand subsection (1)(a)(II) to impose liability where the actor has acquired an interest or right in the carcass of wildlife taken by another and then abandoned it. People ex rel. M.C., 2012 COA 64 , 292 P.3d 1030.