§ 23A-5-311 — Wanton destruction of protected wildlife -- Criminal penalty -- Point values.

(1) A person is guilty of wanton destruction of protected wildlife if that person:
(1)(a) commits an act in violation of:
(1)(a)(i) Section 23A-4-1110;
(1)(a)(ii) Section 23A-5-302;
(1)(a)(iii) Section 23A-5-304;
(1)(a)(iv) Section 23A-5-308;
(1)(a)(v) Sections 23A-9-302 through 23A-9-305; or
(1)(a)(vi) Subsection 23A-5-309(1);
(1)(b) captures, injures, or destroys protected wildlife; and
(1)(c) (1)(c)(i) does so with intentional, knowing, or reckless conduct as defined in Section 76-2-103;
(1)(c)(ii) intentionally abandons protected wildlife or a carcass;
(1)(c)(iii) commits the offense at night with the use of a weapon;
(1)(c)(iv) is under a court or division revocation of a license, tag, permit, or certificate of registration; or
(1)(c)(v) acts for pecuniary gain.
(2) A person who commits wanton destruction of wildlife is guilty of:
(2)(a) a third degree felony if:
(2)(a)(i) the aggregate point value of the protected wildlife determined by the point values in Subsection (3) is more than 500 points; or
(2)(a)(ii) a trophy animal was captured, injured, or destroyed;
(2)(b) a class A misdemeanor if the aggregate point value of the protected wildlife, determined by the point values established in Subsection (3) is more than 250 points, but does not exceed 500 points; and
(2)(c) a class B misdemeanor if the aggregate point value of the protected wildlife determined by the point values established in Subsection (3) is 250 points or less.
(3) Regardless of the restitution amounts imposed under Subsection 23A-5-312(2), the following point values are assigned to protected wildlife for the purpose of determining the offense for wanton destruction of wildlife:
(3)(a) 1,000 points per animal for:
(3)(a)(i) bison;
(3)(a)(ii) bighorn sheep;
(3)(a)(iii) rocky mountain goat;
(3)(a)(iv) moose;
(3)(a)(v) bear;
(3)(a)(vi) peregrine falcon;
(3)(a)(vii) bald eagle; or
(3)(a)(viii) endangered species;
(3)(b) 750 points per animal for:
(3)(b)(i) elk; or
(3)(b)(ii) threatened species;
(3)(c) 500 points per animal for:
(3)(c)(i) cougar;
(3)(c)(ii) golden eagle;
(3)(c)(iii) river otter; or
(3)(c)(iv) gila monster;
(3)(d) 400 points per animal for:
(3)(d)(i) pronghorn antelope; or
(3)(d)(ii) deer;
(3)(e) 350 points per animal for bobcat;
(3)(f) 100 points per animal for:
(3)(f)(i) swan;
(3)(f)(ii) sandhill crane;
(3)(f)(iii) turkey;
(3)(f)(iv) pelican;
(3)(f)(v) loon;
(3)(f)(vi) egrets;
(3)(f)(vii) herons;
(3)(f)(viii) raptors, except those that are threatened or endangered;
(3)(f)(ix) Utah milk snake; or
(3)(f)(x) Utah mountain king snake;
(3)(g) 35 points per animal for furbearers, except:
(3)(g)(i) bobcat;
(3)(g)(ii) river otter; and
(3)(g)(iii) threatened or endangered species;
(3)(h) 25 points per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, largemouth bass, smallmouth bass, and wiper;
(3)(i) 15 points per animal for game birds, except:
(3)(i)(i) turkey;
(3)(i)(ii) swan; and
(3)(i)(iii) sandhill crane;
(3)(j) 10 points per animal for game fish not listed in Subsection (3)(h);
(3)(k) 8 points per pound dry weight of processed brine shrimp including eggs; and
(3)(l) 5 points per animal for protected wildlife not listed.
(4) For purposes of sentencing for a violation under this section, a person who has been convicted of a third degree felony under Subsection (2)(a) is not subject to the mandatory sentencing requirements prescribed in Subsection 76-3-203.8(4).
(5) As part of a sentence imposed, the court shall impose a sentence of incarceration of not less than 20 consecutive days for a person convicted of a third degree felony under Subsection (2)(a)(ii) who captured, injured, or destroyed a trophy animal for pecuniary gain.
(6) If a person has already been convicted of a third degree felony under Subsection (2)(a)(ii) once, each separate additional offense under Subsection (2)(a)(ii) is punishable by, as part of a sentence imposed, a sentence of incarceration of not less than 20 consecutive days.
(7) The court may not sentence a person subject to Subsection (5) or (6) to less than 20 consecutive days of incarceration or suspend the imposition of the sentence unless the court finds mitigating circumstances justifying lesser punishment and makes that finding a part of the court record.
(8) Subsection (1) does not apply to actions taken in accordance with:
(8)(a) Title 4, Chapter 14, Utah Pesticide Control Act;
(8)(b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or
(8)(c) Section 23A-8-403.

Legislative History

Amended by Chapter 347, 2024 General Session