(1) It is unlawful for any
person to hunt, take, or have in such person's possession any wildlife that is the
property of this state as provided in section 33-1-101, except as permitted by
articles 1 to 6 of this title or by rule or regulation of the commission.
(2) It is unlawful for any person to have in his possession in Colorado any
wildlife, as defined by the state or country of origin, that was acquired, taken, or
transported from such state or country in violation of the laws or regulations
thereof.
(2.5) This section does not apply to the illegal possession of live native or
nonnative fish or viable gametes (eggs or sperm) which is governed by section 33-6-114.5.
(3) [ Editor's note: This version of the introductory portion to subsection (3) is
effective until January 1, 2026. ] A person who violates subsection (1) or (2) of this
section is guilty of a misdemeanor and, depending upon the wildlife involved, shall
be punished upon conviction by a fine or imprisonment, or both, and license
suspension points or suspension or revocation of license privileges as follows:
(3) [ Editor's note: This version of the introductory portion to subsection (3) is
effective January 1, 2026. ] A person that violates subsection (1) or (2) of this section
is guilty of a misdemeanor and, depending upon the wildlife involved, shall be
punished upon conviction by a fine or imprisonment, or both, and license suspension
points or suspension or revocation of license privileges as follows:
(a) [ Editor's note: This version of subsection (3)(a) is effective until July 1,
2026. ] For each animal listed as endangered or threatened, a fine of not less than
two thousand dollars and not more than one hundred thousand dollars, or by
imprisonment for not more than one year in the county jail, or by both such fine and
such imprisonment, and an assessment of twenty points. Upon conviction, the
commission may suspend any or all license privileges of the person for a period of
from one year to life.
(a) [ Editor's note: This version of subsection (3)(a) is effective July 1, 2026. ] For each animal listed as endangered or threatened pursuant to section 33-2-105 or
the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq., a fine of
not less than two thousand dollars and not more than one hundred thousand
dollars, or by imprisonment for not more than one year in the county jail, or by both
fine and imprisonment, and an assessment of twenty points. Upon conviction, the
commission may suspend any or all wildlife license privileges of the person for a
period of one year to life.
(b) [ Editor's note: This version of subsection (3)(b) is effective until January
1, 2026. ] For each bald eagle, golden eagle, rocky mountain goat, desert bighorn
sheep, American peregrine falcon, or rocky mountain bighorn sheep, a fine of not
less than one thousand dollars and not more than one hundred thousand dollars, or
by imprisonment for not more than one year in the county jail, or both such fine and
such imprisonment, and an assessment of twenty points. Upon conviction, the
commission may suspend any or all license privileges of the person for a period of
one year to life. A person who possesses all or a part of a bald eagle or golden
eagle shall not be in violation of this section if the possession is authorized by 50
CFR 22.
(b) [ Editor's note: This version of subsection (3)(b) is effective January 1,
2026, to July 1, 2026. ] For each bison, bald eagle, golden eagle, rocky mountain
goat, desert bighorn sheep, American peregrine falcon, or rocky mountain bighorn
sheep, a fine of not less than one thousand dollars and not more than one hundred
thousand dollars, or by imprisonment for not more than one year in the county jail,
or both such fine and such imprisonment, and an assessment of twenty points. Upon
conviction, the commission may suspend any or all license privileges of the person
for a period of one year to life. A person that possesses all or a part of a bald eagle
or golden eagle shall not be in violation of this section if the possession is
authorized by 50 CFR 22.
(b) [ Editor's note: This version of subsection (3)(b) is effective July 1, 2026. ]
(I) For each bison, bald eagle, golden eagle, rocky mountain goat, desert bighorn
sheep, American peregrine falcon, or rocky mountain bighorn sheep or any wildlife
species listed in Appendix I to the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, a fine of not less than one thousand dollars and
not more than one hundred thousand dollars, or by imprisonment for not more than
one year in the county jail, or both fine and imprisonment, and an assessment of
twenty points. Upon conviction, the commission may suspend any or all wildlife
license privileges of the person for a period of one year to life. A person that
possesses all or a part of a bald eagle or golden eagle shall not be in violation of
this section if the possession is authorized by 50 CFR 22.
(II) The division shall make a copy of Appendix I to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora available at no
cost on the division's public website and make a copy of Appendix I available for
public inspection at the division's office during regular business hours.
(c) For each elk, bear, moose, or mountain lion, a fine of one thousand dollars
and an assessment of fifteen points.
(d) For each pronghorn, deer, or big game species as defined in the state or
country of origin and not listed in paragraph (a), (b), or (c) of this subsection (3), a
fine of seven hundred dollars and an assessment of fifteen points.
(e) For each violation of paragraph (c) or (d) of this subsection (3) where any
combination of three or more animals are taken or possessed, a minimum fine per
animal as set forth in such paragraphs, to a maximum of ten thousand dollars per
animal, or imprisonment for not more than one year in the county jail, or by both
such fine and such imprisonment. Upon conviction, the commission may suspend
any or all license privileges of the person for a period of one year to life.
(f) For each raptor not covered by paragraph (a) or (b) of this subsection (3)
and for each wild turkey, a fine of two hundred dollars and an assessment of ten
points.
(g) For all fish, mollusks, crustaceans, amphibians, or reptiles not covered by
subsection (3)(a) of this section, a fine of thirty-five dollars and an assessment of
five points for the first such animal and, for each additional such animal taken or
possessed at the same time, an additional fine of thirty-five dollars per animal and
an assessment of one point per animal.
(h) For any wildlife not covered by paragraphs (a) to (g) of this subsection (3),
a fine of fifty dollars and an assessment of five points for the first such animal and,
for each additional such animal taken or possessed at the same time, an additional
fine of twenty-five dollars per animal and an additional assessment of five points
per animal.
(3.4) (a) In addition to the criminal penalties listed in subsection (3) of this
section, there may be assessed a further penalty in the following amount for each
of the following big game animals illegally taken:
(I) For each bull elk with at least six points on one antler beam, ten thousand
dollars;
(II) For each mule deer buck with an inside antler spread of at least twenty-two inches, ten thousand dollars;
(III) For each whitetail deer buck with an inside antler spread of at least
eighteen inches, ten thousand dollars;
(IV) For each bull moose, ten thousand dollars;
(V) For each bighorn sheep with a horn length of at least one-half curl,
twenty-five thousand dollars;
(VI) For each mountain goat, ten thousand dollars;
(VII) [ Editor's note: This version of subsection (3.4)(a)(VII) is effective until
January 1, 2026. ] For each pronghorn antelope with a horn length of at least
fourteen inches, four thousand dollars.
(VII) [ Editor's note: This version of subsection (3.4)(a)(VII) is effective
January 1, 2026. ] For each pronghorn antelope with a horn length of at least
fourteen inches, four thousand dollars; or
(VIII) [ Editor's note: Subsection (3.4)(a)(VIII) is effective January 1, 2026. ] For each bison, ten thousand dollars.
(b) (I) Notwithstanding the provisions of section 24-4.2-104 (1)(b)(II), C.R.S., no
victims and witnesses assistance and law enforcement fund surcharge shall be
levied against the additional amount of the penalty imposed under this subsection
(3.4). The victims and witnesses assistance and law enforcement fund surcharge
shall only be levied against the amount of the fine imposed under subsection (3) of
this section.
(II) Notwithstanding the provisions of section 33-6-105, all moneys collected
as additional penalties under this subsection (3.4) shall be transmitted to the state
treasurer, who shall credit such moneys to the Colorado town, city, county, or city
and county where the arrest for the offense was made or the citation for the
offense was issued. Such additional penalties may be used to further law
enforcement or wildlife related programs.
(4) It is unlawful for any person to have in his possession in Colorado any
nonnative or exotic wildlife except in accordance with the rules and regulations of
the commission. Any person who violates this subsection (4) is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not less
than two hundred fifty dollars nor more than one thousand dollars. In addition, such
person shall be assessed ten suspension points per incident for possessing an
animal on the prohibited species list and five suspension points per incident for
possessing any other nonnative or exotic wildlife species.