COMMON UTAH HUNTING CRIMES–Jake Gunter


Utah hunting crimes attorney Jake Gunter UTAH FISH AND GAME DEFENSE ATTORNEYS

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

It is illegal in Utah for person to:

(1)                  shoot at, shoot, deface, damage, remove, or destroy any division signs or placards located in any part of this state; or

(2)                  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 Code 23-20-3 (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:

(a)                  take protected wildlife or its parts;

(b)                  collect, import, possess, transport, propagate, store, donate, transfer, or export protected wildlife or its parts;

(c)                  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;

(d)                  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;

(e)                  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;

(f)                  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;

(g)                  take protected wildlife outside the season dates, location boundaries, and daily time frames established in rule, proclamation, or order of the Wildlife Board;

(h)                  take protected wildlife in excess of the bag and possession limits established in rule, proclamation, or order of the Wildlife Board;

(i)                  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);

(j)                  practice falconry or capture, possess, or use birds in falconry;

(k)                  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;

(l)                  hold in captivity at any time any live protected wildlife;

(m)                  use or permit a dog or other domestic or trained animal to take protected wildlife;

(n)                  remove, damage, or destroy an occupied nest of protected wildlife;

(o)                  release captured or captive wildlife into the wild;

(p)                  use spotlighting to take protected wildlife;

(q)                  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;

(r)                  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;

(s)                  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;

(t)                  commercially harvest protected wildlife, including brine shrimp and brine shrimp eggs;

(u)                  utilize protected wildlife for commercial purposes or financial gain;

(v)                  enter, establish, or hold a contest or tournament involving the taking of protected wildlife;

(w)                  operate or participate in a commercial hunting area as described in Section 23-17-6; or

(x)                  operate or participate in a cooperative wildlife management unit as defined in Section 23-23-2.

(2)                  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. 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:Utah poaching crimes attorney Jake Gunter

(i)                  the signature of the owner or person in charge;

(ii)                  the name of the person being given permission;

(iii)                  the appropriate dates; and

(iv)                  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. 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. 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. Children accompanied by adults while hunting with weapon.

(1)                  As used in this section:

(a)                  “Accompanied” means at a distance within which visual and verbal communication is maintained for the purposes of advising and assisting.

(b)

(i)                  “Electronic device” means a mechanism powered by electricity that allows communication between two or more people.

(ii)                  “Electronic device” includes a mobile telephone or two-way radio.

(c)                  “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:

(a)                  the person’s parent or legal guardian; or

(b)                  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:

(a)                  the person’s parent or legal guardian; or

(b)                  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. 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:

(a)                  the required license, permit, or tag;

(b)                  any device or apparatus in that person’s possession used for any activity regulated under this title; or

(c)                  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:

(a)                  the required license, permit, or tag;

(b)                  any device or apparatus in that person’s possession used for any activity regulated under this title; or

(c)                  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.

If you are facing any of these crimes or other Utah Hunting Crimes call/txt trial lawyer Jake Gunter at Howard Lewis & Petersen, PC today.