87-3-118. Unlawful sale of game fish, birds, game animals, or fur-bearing animals -- penalty.
87-3-118. Unlawful sale of game fish, birds, game animals, or fur-bearing animals -- penalty. (1) A person commits the offense of unlawful sale of a game fish, bird, game animal, or fur-bearing animal if the person purposely or knowingly sells, purchases, or exchanges all or part of any game fish, bird, game animal, or fur-bearing animal.
(2) The value of the game fish, bird, game animal, or fur-bearing animal must be determined from the schedules of restitution values set out in 87-1-111 and 87-1-115. The value of game fish, birds, game animals, or fur-bearing animals that are sold, purchased, or exchanged pursuant to a common scheme, as defined in 45-2-101, or as part of the same transaction, as defined in 46-1-202, may be aggregated in determining the value.
(3) This section does not prohibit:
(a) the sale, purchase, or exchange of hides, heads, or mounts of game fish, birds, game animals, or fur-bearing animals that have been lawfully killed, captured, or taken, except that the sale or purchase of a hide, head, or mount of a grizzly bear is prohibited, except as provided in 87-3-110;
(b) the sale, purchase, or exchange of naturally shed antlers or the antlers with a skull or portion of a skull attached from a game animal that has died from natural causes and that has not been unlawfully killed, captured, or taken or accidentally killed;
(c) the sale, purchase, or exchange of the bones of an elk, antelope, moose, or deer that has died from natural causes and that has not been unlawfully killed, captured, or taken or accidentally killed;
(d) the donation, sale, purchase, or exchange of paddlefish roe as caviar under the provisions of 87-4-601; or
(e) the sale, purchase, or exchange of captive-reared migratory waterfowl.
(4) (a) If a person is convicted under this section or forfeits bond or bail after being charged with a violation of this section and if the value of all or part of the game fish, bird, game animal, or fur-bearing animal or combination thereof does not exceed $1,000, then the person shall be fined an amount not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both.
(b) In addition to the penalties in subsection (4)(a), the person, upon conviction or forfeiture of bond or bail, may lose all hunting, fishing, and trapping licenses and permits and license privileges in this state for a period set by the court. The department shall notify the person of any loss of privileges as imposed by the court, and the person shall surrender all licenses and permits, as ordered by the court, within 10 days of notification by the department.
(5) (a) If a person is convicted under this section or forfeits bond or bail after being charged with a violation of this section and if the value of all or part of the game fish, bird, game animal, or fur-bearing animal or combination thereof exceeds $1,000, then the person shall be fined not more than $50,000 or be imprisoned in the state prison for not more than 5 years, or both.
(b) In addition to the penalties in subsection (5)(a), the person, upon conviction or forfeiture of bond or bail, shall lose all hunting, fishing, and trapping licenses and permits and license privileges in this state for a minimum of 3 years or up to a lifetime revocation from the date of conviction. The department shall notify the person of the loss of privileges as imposed by the court, and the person shall surrender all licenses and permits, as ordered by the court, within 10 days of notification by the department.
History: En. Sec. 2, Ch. 329, L. 1991; amd. Sec. 30, Ch. 417, L. 1995; amd. Sec. 9, Ch. 502, L. 1999; amd. Sec. 6, Ch. 59, L. 2005.