PC §906 - POACHING

Class F Felony

(a) Definition

Poaching in San Andreas refers to the illegal hunting, capturing, or killing of wildlife that is protected by state or federal regulations. This includes taking animals out of season, exceeding bag limits, hunting without a license or permit, and targeting species that are endangered, threatened, or otherwise protected.

Types of Poaching:

• Hunting Out of Season: Taking wildlife during a period when hunting that species is not allowed.

• Illegal Harvest of Protected Species: Capturing or killing animals that are classified as endangered, threatened, or otherwise protected by law.

• Exceeding Bag Limits: Harvesting more animals than the law allows, regardless of the season.

(b) Elements of the Offense

To constitute an offense related to poaching in San Andreas, the following elements must be met:

1. Illegal Taking of Wildlife:

   • The defendant hunted, captured, or killed wildlife in violation of state or federal regulations.

2. Protected or Restricted Species:

   • The wildlife targeted was either protected by law or restricted due to conservation efforts, seasonal restrictions, or bag limits.

3. Violation of Hunting Regulations:

   • The offense involved a clear violation of hunting regulations, such as hunting without a proper license or during a closed season.

(c) Defenses

Potential defenses against accusations of poaching may include:

1. Misidentification of Species:

   • The defendant can prove that the wildlife taken was not a protected species or that it was legally permissible to hunt at the time and location.

2. Valid Permit or Exemption:

   • Evidence that the defendant possessed a valid permit or was acting in accordance with specific regulations that allowed the taking of the species in question.

3. Lack of Intent:

   • The defendant may argue that the offense was accidental or unintentional, such as misjudging the boundaries of a protected area or the start/end of a hunting season.

(d) Aggravating Factors

Certain factors may aggravate the offense, leading to harsher penalties:

1. Repeated Offenses:

   • A history of poaching or similar wildlife-related offenses.

2. Significant Environmental Impact:

   • The offense caused significant harm to wildlife populations, particularly if endangered or threatened species were involved.

3. Commercial Exploitation:

   • Poaching was conducted for commercial gain, such as illegal trading of animal parts or sale of poached wildlife.

(e) Penalties

Penalties for poaching in San Andreas can be severe and may include:

• Jail Time:

  • Up to 150 seconds in state prison.

• Bond Set:

  • A bond amount of $10,000.00.

• Additional Penalties:

  • Fines up to $150,000, forfeiture of hunting equipment, and suspension or revocation of hunting licenses may also apply.