23-20-4.5 - Illegal taking, possession, or wanton destruction of protected wildlife -- Restitution -- Reimbursable damages -- Assessment by magistrates -- Disposition of money.
23-20-4.5. Illegal taking, possession, or wanton destruction of protected wildlife --Restitution -- Reimbursable damages -- Assessment by magistrates -- Disposition of money.
(1) When a person is adjudged guilty of illegal taking, illegal possession, or wantondestruction of protected wildlife, other than a trophy animal, the court may order the defendant topay restitution:
(a) as set forth in Subsection (2); or
(b) in a greater or lesser amount than the amount established in Subsection (2).
(2) Suggested minimum restitution values for protected wildlife are as follows:
(a) $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;
(b) $750 per animal for:
(i) elk; or
(ii) threatened species;
(c) $500 per animal for:
(i) golden eagle;
(ii) river otter; or
(iii) gila monster;
(d) $400 per animal for:
(i) pronghorn antelope; or
(ii) deer;
(e) $350 per animal for:
(i) cougar; or
(ii) bobcat;
(f) $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;
(g) $35 per animal for furbearers, except:
(i) bobcat;
(ii) river otter; and
(iii) threatened or endangered species;
(h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,largemouth bass, smallmouth bass, and wiper;
(i) $15 per animal for game birds, except:
(i) turkey;
(ii) swan; and
(iii) sandhill crane;
(j) $10 per animal for game fish not listed in Subsection (2)(h);
(k) $8 per pound dry weight of processed brine shrimp including eggs; and
(l) $5 per animal for protected wildlife not listed.
(3) If the court finds that restitution is inappropriate or if the value imposed is less thanthe suggested minimum value as provided in Subsection (2), the court shall make the reasons forthe decision part of the court record.
(4) (a) The court shall order a person convicted of a third degree felony under Subsection23-20-4(3)(a)(ii) to pay restitution in accordance with Subsection (4)(b).
(b) The minimum restitution value for a trophy animal is as follows:
(i) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
(ii) $8,000 per animal for deer;
(iii) $8,000 per animal for elk;
(iv) $6,000 per animal for moose or mountain goat;
(v) $6,000 per animal for bison; and
(vi) $2,000 per animal for pronghorn antelope.
(5) Restitution paid under Subsection (4) shall be remitted to the division and depositedin the Wildlife Resources Account.
(6) Restitution money shall be used by the division for activities and programs to helpstop poaching, including:
(a) educational programs on wildlife crime prevention;
(b) acquisition and development of wildlife crime detection equipment;
(c) operation and maintenance of anti-poaching projects; and
(d) wildlife law enforcement training.
(7) If restitution is required it shall be in addition to:
(a) a fine or penalty imposed for a violation of any provision of this title; and
(b) a remedial action taken to revoke or suspend a person's license, permit, tag, orcertificate of registration.
(8) A judgment imposed under this section constitutes a lien when recorded in thejudgment docket and shall have the same effect and is subject to the same rules as a judgment formoney in a civil action.
Amended by Chapter 250, 2009 General Session