CO Code § 33-6-109 (2021)
2021 Colorado Code|Title 33 - Parks and Wildlife|Article 6 - Law Enforcement and Penalties - Wildlife|Part 1 - General Provisions|§ 33-6-109. Wildlife - Illegal Possession

  It is unlawful for any person to hunt, take, or have in such person's possession any wildlife that is the property of this state as provided in section 33-1-101, except as permitted by articles 1 to 6 of this title or by rule or regulation of the commission.    It is unlawful for any person to have in his possession in Colorado any wildlife, as defined by the state or country of origin, that was acquired, taken, or transported from such state or country in violation of the laws or regulations thereof. (2.5) This section does not apply to the illegal possession of live native or nonnative fish or viable gametes (eggs or sperm) which is governed by section 33-6-114.5 .    A person who violates subsection (1) or (2) of this section is guilty of a misdemeanor and, depending upon the wildlife involved, shall be punished upon conviction by a fine or imprisonment, or both, and license suspension points or suspension or revocation of license privileges as follows:   For each animal listed as endangered or threatened, a fine of not less than two thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or by both such fine and such imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all license privileges of the person for a period of from one year to life.    For each bald eagle, golden eagle, rocky mountain goat, desert bighorn sheep, American peregrine falcon, or rocky mountain bighorn sheep, a fine of not less than one thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or both such fine and such imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all license privileges of the person for a period of one year to life. A person who possesses all or a part of a bald eagle or golden eagle shall not be in violation of this section if the possession is authorized by 50 CFR 22.    For each elk, bear, moose, or mountain lion, a fine of one thousand dollars and an assessment of fifteen points.    For each pronghorn, deer, or big game species as defined in the state or country of origin and not listed in paragraph (a), (b), or (c) of this subsection (3), a fine of seven hundred dollars and an assessment of fifteen points.    For each violation of paragraph (c) or (d) of this subsection (3) where any combination of three or more animals are taken or possessed, a minimum fine per animal as set forth in such paragraphs, to a maximum of ten thousand dollars per animal, or imprisonment for not more than one year in the county jail, or by both such fine and such imprisonment. Upon conviction, the commission may suspend any or all license privileges of the person for a period of from one year to life.    For each raptor not covered by paragraph (a) or (b) of this subsection (3) and for each wild turkey, a fine of two hundred dollars and an assessment of ten points.    For all fish, mollusks, crustaceans, amphibians, or reptiles not covered by subsection (3)(a) of this section, a fine of thirty-five dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of thirty-five dollars per animal and an assessment of one point per animal.    For any wildlife not covered by paragraphs (a) to (g) of this subsection (3), a fine of fifty dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of twenty-five dollars per animal and an additional assessment of five points per animal. (3.4)   In addition to the criminal penalties listed in subsection (3) of this section, there may be assessed a further penalty in the following amount for each of the following big game animals illegally taken:   For each bull elk with at least six points on one antler beam, ten thousand dollars;    For each mule deer buck with an inside antler spread of at least twenty-two inches, ten thousand dollars;    For each whitetail deer buck with an inside antler spread of at least eighteen inches, ten thousand dollars;    For each bull moose, ten thousand dollars;    For each bighorn sheep with a horn length of at least one-half curl, twenty-five thousand dollars;    For each mountain goat, ten thousand dollars;    For each pronghorn antelope with a horn length of at least fourteen inches, four thousand dollars.         Notwithstanding the provisions of section 24-4.2-104 (1)(b)(II), C.R.S., no victims and witnesses assistance and law enforcement fund surcharge shall be levied against the additional amount of the penalty imposed under this subsection (3.4). The victims and witnesses assistance and law enforcement fund surcharge shall only be levied against the amount of the fine imposed under subsection (3) of this section. (b) (I) Notwithstanding the provisions of section 24-4.2-104 (1)(b)(II), C.R.S., no victims and witnesses assistance and law enforcement fund surcharge shall be levied against the additional amount of the penalty imposed under this subsection (3.4). The victims and witnesses assistance and law enforcement fund surcharge shall only be levied against the amount of the fine imposed under subsection (3) of this section.    Notwithstanding the provisions of section 33-6-105, all moneys collected as additional penalties under this subsection (3.4) shall be transmitted to the state treasurer, who shall credit such moneys to the Colorado town, city, county, or city and county where the arrest for the offense was made or the citation for the offense was issued. Such additional penalties may be used to further law enforcement or wildlife related programs.             It is unlawful for any person to have in his possession in Colorado any nonnative or exotic wildlife except in accordance with the rules and regulations of the commission. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars nor more than one thousand dollars. In addition, such person shall be assessed ten suspension points per incident for possessing an animal on the prohibited species list and five suspension points per incident for possessing any other nonnative or exotic wildlife species.     History. Source: L. 84: Entire article R&RE, p. 870, § 1, effective January 1, 1985. L. 90: (2.5) and (4) added and IP(3) amended, pp. 1531, 1528, §§ 4, 3, effective July 1. L. 94: (1) and (3) amended, p. 1584, § 12, effective May 31. L. 98: (3.4) added, p. 492, § 1, effective April 22. L. 2003: IP(3), (3)(a), (3)(b), and (3)(e) amended, p. 1942, § 6, effective May 22. L. 2005: (3)(d) amended, p. 476, § 10, effective January 1, 2006. L. 2008: IP(3) and (3)(b) amended, p. 280, § 1, effective July 1. L. 2019: (3)(g) amended,(HB 19-1026), ch. 423, p. 3694, § 6, effective July 1. L. 2020: IP(3.4)(a) amended,(HB 20-1087), ch. 49, p. 170, § 6, effective March 20.    Editor's note:   This section is similar to former §§ 33-6-104 and 33-6-125 as they existed prior to 1984.   Cross references:   For the short title (“Respect the Great Outdoors Act”) and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.   ANNOTATION   Illegal possession of wildlife requires a showing that the person illegally had wildlife in his or her possession. People v. Gordon, 160 P.3d 284 (Colo. App. 2007).   Persons hunting with valid hunting licenses not exempt from these provisions. 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 §§ 33-6-111 , 33-6-117 , and 33-6-119 constitute separate offenses. People v. Gordon, 160 P.3d 284 (Colo. App. 2007).   This section does not create a strict liability offense. The culpable mental state of “knowingly” is implied for there to be a violation of this section. To be liable for “taking” wildlife, one must know that one is taking possession of wildlife. Even for a strict liability offense, the state must prove that the defendant committed a voluntary act. Therefore, when a major rainstorm caused a wastewater containment pond to overflow and kill fish in a river, the owner of the pond has not knowingly taken the fish, nor has the owner even committed a voluntary act or omission. Because the state did not allege or prove any knowing, voluntary act, the grant of summary judgment to the state was in error and the denial of the defendant's motion for summary judgment was also in error. Div. of Parks & Wildlife v. 5 Star Feedlot Inc., 2019 COA 162 M, __ P.3d __.