Utah Hunting Crimes Lawyers | Howard Lewis & Petersen, PC.

UTAH HUNTING CRIMES LAWYERS–Jake Gunter

UTAH POACHING ATTORNEYS DEFENSE Attorneys
UTAH FISH AND GAME LAWYER

Utah’s wilderness is wonderful and provides for exceptional hunting and fishing. The Wildlife Resources Code of Utah governs what types of hunting and fishing is illegal in the State of Utah. Utah hunting and fishing crimes can carry serious fines and prison sentences. Call attorney Jake Gunter at Utah poaching and hunting criminal defense attorneys at Howard Lewis & Petersen, PC for a free no-obligation consultation. (801) 373-6345.

UTAH CRIMINAL POACHING LAWS AND PENALTIES:

Utah hunting and fishing violations may carry the following sanctions:

Mandatory Fines.
Mandatory Minimum Restitution.
Trophy Animal Restitution.
Prison Sentences.
Jail Sentences.
Mandatory Jail Sentences Required by Utah Law.
Hunting License Revocation.
Multi-State Hunting License Revocation.

MANDATORY UTAH FISH AND GAME CRIMINAL RESTITUTION AMOUNTS:

In addition to jail, prison and license revocations, Utah law imposes minimum mandatory restitution payments for the following Utah hunting crimes.

$1,000 per animal for: (i) bison; (ii) bighorn sheep; (iii) rocky mountain goat; (iv) moose; (v) bear; (vi) peregrine falcon; (vii) bald eagle; or (viii) endangered species;
$750 per animal for: (i) elk; or (ii) threatened species;
$500 per animal for: (i) cougar; (ii) golden eagle; (iii) river otter; or (iv) gila monster;
$400 per animal for: (i) pronghorn antelope; or (ii) deer;
$350 per animal for bobcat;
$100 per animal for: (i) swan; (ii) sandhill crane; (iii) turkey; (iv) pelican; (v) loon; (vi) egrets; (vii) herons; (viii) raptors, except those that are threatened or endangered; (ix) Utah milk snake; or (x) Utah mountain king snake;
$35 per animal for furbearers, except: (i) bobcat; (ii) river otter; and (iii) threatened or endangered species;
$25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, largemouth bass, smallmouth bass, and wiper;
$15 per animal for game birds, except: (i) turkey; (ii) swan; and (iii) sandhill crane;
$10 per animal for game fish not listed.
$8 per pound dry weight of processed brine shrimp including eggs; and
$5 per animal for protected wildlife not listed.

Let the Utah fish and game criminal defense attorneys at Howard Lewis & Petersen, PC help you with the criminal restitution allegations in your criminal case. See this cornerstone information article on what Utah criminal restitution is, how Utah criminal restitution is not dischargeable in Bankruptcy, and how it will affect you in the long term.

Utah Criminal Restitution Law.

TROPY ANIMAL MANDATORY RESITUTION:

Utah hunting law defines a “Trophy Animal” as follows:

deer – a buck with an outside antler measurement of 24 inches or greater;
elk – a bull with six points on at least one side;
bighorn, desert, or rocky mountain sheep – a ram with a curl exceeding half curl;
moose – a bull with at least one antler exceeding five inches in length;
mountain goat – a male or female;
pronghorn antelope – a buck with horns exceeding 14 inches; or
bison – a bull.

If you are charged with taking a “Trophy Animal” then the following restitution payments apply:

$30,000 for bighorn sheep.
$8,000 for deer (24-inch antler)
$8,000 for elk (six points)
$6,000 for moose or mountain goat
$6,000 for bison
$2,000 for pronghorn

COMMON UTAH HUNTING CRIMES
UTAH FISH AND GAME DEFENSE DEFENSESATTORNEYS

Utah Code 23-20-13 (2017). Signs or equipment — Damage or destruction unlawful.

shoot at, shoot, deface, damage, remove, or destroy any division signs or placards located in any part of this state; or
damage, destroy, remove, or cause to be damaged, destroyed, or removed any equipment or devices owned, controlled, or operated by the Division of Wildlife Resources.

A Class B Misdemeanor. Recommended $290 fine.

Utah Code 23-19-5 (2017). Fraud, deceit, or misrepresentation in obtaining a license, permit, tag, or certificate of registration.

It is illegal in Utah to obtain a hunting permit, tag, license by misrepresentation. It is a Class B Misdemeanor and a recommended $290 fine.

Utah Code23-20-3 (2017). 23-20-3. Taking, transporting, selling, or purchasing protected wildlife illegal except as authorized — Penalty.

It is a Utah fish and game crime to do any of the following actions concerning a listed protected species. Conviction of these Utah fish and game laws is a class B misdemeanor and a recommended $680 fine. It is illegal for a person to:

1. take protected wildlife or its parts;
2. collect, import, possess, transport, propagate, store, donate, transfer, or export protected wildlife or its parts;
3. take, possess, sell, purchase, barter, donate, or trade protected wildlife or its parts without having previously procured the necessary licenses, permits, tags, stamps, certificates of registration, authorizations, and receipts required in this title or a rule, proclamation, or order of the Wildlife Board;
4. take protected wildlife with any weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
5. possess while in pursuit of protected wildlife any weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
6. take protected wildlife using any method, means, process, or practice not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
7. take protected wildlife outside the season dates, location boundaries, and daily time frames established in rule, proclamation, or order of the Wildlife Board;
8. take protected wildlife in excess of the bag and possession limits established in rule, proclamation, or order of the Wildlife Board;
9. take protected wildlife in an area closed to hunting, trapping, or fishing by rule, proclamation, or order of the Wildlife Board, or by executive order of the division director pursuant to Subsection 23-14-8(4);
10. practice falconry or capture, possess, or use birds in falconry;
11. take any wildlife from an airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;
12. hold in captivity at any time any live protected wildlife;
13. use or permit a dog or other domestic or trained animal to take protected wildlife;
14. remove, damage, or destroy an occupied nest of protected wildlife;
15. release captured or captive wildlife into the wild;
16. use spotlighting to take protected wildlife;
17. employ or use a means of concealment or camouflage while taking protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
18. possess or use bait or other attractant to take protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
19. use any decoy or recorded or electronically amplified call which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
20. commercially harvest protected wildlife, including brine shrimp and brine shrimp eggs;
21. utilize protected wildlife for commercial purposes or financial gain;
22. enter, establish, or hold a contest or tournament involving the taking of protected wildlife;
23. operate or participate in a commercial hunting area as described in Section 23-17-6; or
24. operate or participate in a cooperative wildlife management unit as defined in Section 23-23-2.
25. Possession of protected wildlife without a valid license, permit, tag, certificate of registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was illegally taken and is illegally held in possession.

Utah Code 23-20-14 (2017). Definitions — Posted property — Hunting by permission — Entry on private land while hunting or fishing — Violations — Penalty — Prohibitions inapplicable to officers.

It is a hunting crime in Utah to illegal enter private land to hunt without the written permission of the landowner or their agent. Written permission to hunt must by statute specify the following:

1. 1. the signature of the owner or person in charge;
  2. the name of the person being given permission;
  3. the appropriate dates; and
  4. a general description of the property.

A person convicted of this Utah fish and game crime can have their hunting privileges suspended or revoked by a Division of Wildlife hearing officer. If you are convicted of this Utah hunting crime twice within a five year period, the second conviction may be construed as a “flagrant” violation resulting in you not being able to obtain any Utah hunting privileges.

Conviction of this Utah hunting crime carriers a Class B Misdemeanor and a recommended $250 fine and jail up to six months.

Utah Code 23-20-18 (2017). Interference with, intimidation or harassment of officer unlawful.

It is unlawful for any person to interfere with, intimidate or harass a conservation officer or special deputy in the lawful performance of his duty.

This Utah hunting crime carries a Class B Misdemeanor and a recommended $680 fine, along with potential jail time.

Utah Code 23-20-15 (2017). Destruction of signs or enclosure on private land unlawful.

It is unlawful for any person, without the consent of the owner or person in charge of any privately owned land, to tear down, mutilate, or destroy any sign, signboard or other notice which regulates trespassing for purposes of hunting, trapping, or fishing on this land; or to, without such consent, tear down, deface, or destroy any fence or other enclosure on this privately owned land, or any gate or bars belonging to any such fence or enclosure.

A Class B Misdemeanor. $480 recommended fine and potential jail.

Utah Code 23-20-20 (2017). Children accompanied by adults while hunting with weapon.

1. 1. As used in this section:
    1. “Accompanied” means at a distance within which visual and verbal communication is maintained for the purposes of advising and assisting.
    2. 1. “Electronic device” means a mechanism powered by electricity that allows communication between two or more people.
      2. “Electronic device” includes a mobile telephone or two-way radio.
    3. “Verbal communication” means the conveyance of information through speech that does not involve an electronic device.
  2. A person younger than 14 years old who is hunting with any weapon shall be accompanied by:
    1. the person’s parent or legal guardian; or
    2. a responsible person who is at least 21 years old and who is approved by the person’s parent or guardian.
  3. A person younger than 16 years old who is hunting big game with any weapon shall be accompanied by:
    1. the person’s parent or legal guardian; or
    2. a responsible person who is at least 21 years old and who is approved by the person’s parent or guardian.
  4. A person who is at least 14 years old but younger than 16 years old shall be accompanied by a person who is at least 21 years old while hunting wildlife, other than big game, with any weapon.

A Class B Misdemeanor. $680 fine and potential jail.

Utah Code 23-20-25 (2017). Exhibition of license, permit, tag or device required — Misdemeanor.

1. Any person while engaged in any activity regulated under this title, shall be required upon demand of any conservation officer or any other peace officer to exhibit:
  1. the required license, permit, or tag;
  2. any device or apparatus in that person’s possession used for any activity regulated under this title; or
  3. any wildlife in that person’s possession.
2. Any conservation officer who has a reasonable belief that a person is engaged in any activity regulated under this title may stop and temporarily detain that person in order to demand and inspect:
  1. the required license, permit, or tag;
  2. any device or apparatus in that person’s possession used for any activity regulated under this title; or
  3. any wildlife in that person’s possession.
3. Any person who fails to produce for examination to an officer any of the required licenses, permits, tags, devices or apparatuses used for any activity regulated under this title or any wildlife in that person’s possession is guilty of a class B misdemeanor.

Contact the Utah hunting crimes lawyers at Howard Lewis & Petersen, PC if you are facing a hunting crime charges for a free consultation.

Call/TXT Jake Gunter