PC §903 - PROTECTED SPECIES

Class C Felony

(a) Definition

Protected species laws safeguard animals classified as endangered or threatened under state or federal regulations from hunting, capture, or harm.

Types of Protected Species

  • Endangered Species: Animals at risk of extinction, such as the San Andreas condor.

  • Threatened Species: Animals likely to become endangered if not protected, such as certain species of turtles.

(b) Elements of the Offense

The following elements must be met to constitute an offense related to protected species:

  1. The defendant hunted, captured, or harmed a species classified as protected.

  2. The protected species was in a location where hunting or harm is prohibited.

  3. The offense involved direct or indirect harm to the protected species.

(c) Defenses

(a) It shall be a defense if the defendant can prove that the species was misidentified and not actually a protected species. (b) Evidence that the defendant acted under a valid permit or in compliance with special regulations for handling protected species may also serve as a defense.

(d) Aggravating Factors

Aggravating factors such as repeated offenses, significant harm to populations of protected species, or commercial exploitation may result in increased penalties or additional charges as determined by the court.

Penalties Penalties for violations related to protected species can vary widely. They may include:

JAIL TIME

  • Up to 150 seconds in state prison.

BOND SET

  • $10,000.00

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