Utah’s Wildlife Resources Code has 19 chapters and covers a lot of matters, including mandatory jail time, mandatory restitution and the impacts on first time offender programs on your hunting license to name a few.
Felony trophy animal poaching convictions carry a mandatory 20 day consecutive jail sentence. The judge retains some discretion to limit the 20 days, but the sentencing judge must make those findings on the record.
Like any other Utah criminal conviction, the following minimums and maximums apply.
First Degree Felony. There are no wildlife code violations carrying first degree felonies.
Second Degree Felony. 0-15 years in prison or up to one year in the county jail, or probation.
Third Degree Felony. 0-5 years in prison or up to one year in the county jail, or probation.
Class A Misdemeanor. 0-1 year in jail, or probation. Prison time is not possible solely on a Class A Misdemeanor.
Class B Misdemeanor. 1-180 days in jail, or probation. Prison time is not possible.
Class C Misdemeanor. 0-90 days in jail, or probation. Prison time is not possible.
Infraction. No jail time, prison or jail time is possible with Infractions.
Here is where it gets dicey. If you are convicted of a third degree felony under Utah Code Ann. 23-20-4(3)(a)(ii) for killing, injuring or destroying a “trophy animal” you must serve 20 days consecutive county jail time. If you have a prior trophy animal felony conviction, there can be stacking of 20 day jail terms against you.
The judge has some discretion to not impose the mandatory 20 consecutive days jail time, if the court finds mitigating circumstances justifying lesser punishment and makes that finding a part of the court record. See Utah Code Ann. 23-20-4(8).
All criminal convictions in Utah carry restitution. Criminal restitution is simply paying back the harms your criminal conduct caused. Restitution could be paying for the victim’s counseling costs, paying the owner back for hitting his car while drunk, or paying to get the graffiti removed from the building. Criminal restitution has it’s own statute and can be in many forms.
In poaching and wildlife crimes, mandatory restitution applies to the animals that are illegal killed. Regardless of the restitution amounts imposed under Subsection 23-20-4.5(2), the following values are assigned to protected wildlife for the purpose of determining the offense for wanton destruction of wildlife. See Utah Code Ann. 23-20-4(4).
(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) cougar;
(ii) golden eagle;
(iii) river otter; or
(iv) gila monster;
(d) $400 per animal for:
(i) pronghorn antelope; or
(ii) deer;
(e) $350 per animal for 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 (4)(h);
(k) $8 per pound dry weight of processed brine shrimp including eggs; and
(l) $5 per animal for protected wildlife not listed.
Trophy Animal has its own definition and has increased restitution attached to any trophy animal crimes. Trophy Animal is defined:
“Trophy animal” means an animal described as follows:
(a) deer – a buck with an outside antler measurement of 24 inches or greater;
(b) elk – a bull with six points on at least one side;
(c) bighorn, desert, or rocky mountain sheep – a ram with a curl exceeding half curl;
(d) moose – a bull with at least one antler exceeding five inches in length;
(e) mountain goat – a male or female;
(f) pronghorn antelope – a buck with horns exceeding 14 inches; or
(g) bison – a bull.
See Utah Code Ann. 23-13-2(50).
(a) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
(b) $8,000 per animal for deer;
(c) $8,000 per animal for elk;
(d) $6,000 per animal for moose or mountain goat;
(e) $6,000 per animal for bison; and
(f) $2,000 per animal for pronghorn antelope.
Like all criminal restitution, it can be assessed solely against an individual, or jointly against several individuals or joint and severally against several individuals.
Joint Restitution Example. One trophy deer is killed and two hunters are convicted of the same felony incident. The $8,000 trophy deer restitution can be split $4,000 to each criminal defendant, where each defendant is solely liable for $4,000, or their portion of the restitution order.
Joint and Several Restitution Liability Example. One bighorn is poached and a team of three hunters are convicted of the felony wildlife crime. At sentencing each of the three hunters are assessed a $30,000 joint and several restitution obligation. This means the court orders each of the three hunters to pay their equal share of the $30,000, but if one hunters fails to pay, the other hunters are still responsible for the full $30,000 restitution amount.
Restitution and Court Fines. Mandatory wildlife crime restitution can in be addition to any other restitution incurred, and in addition to a court fine.
Restitution is a Judgment. Mandatory wildlife code restitution constitutes a lien recorded in the judgement docket and shall have the same effect and is subject to the same rules as a judgment for money in a civil action. See Utah Code Ann. 23-20-4.5(8).
Restitution Plus Hunting Suspension. You have to pay any restitution and you still may get your hunting and fishing privileges suspended. Both can occur and often do.
Double Suspensions for Trophy Animals. Trophy animals convictions also carry double license suspension periods.
Bottom line here is that when you are caught poaching in Utah, and are from another state, Utah will report the conviction to your home state who may take licensing actions against you also.
Example. Utah / Idaho Hunting Violation. Reciprocity. You are from Idaho. Idaho participates in the Wildlife Violator Compact. You are convicted of a felony wildlife code violation in Utah. Your privileges in Utah are suspended for 7 years. Utah will communicate with Idaho’s wildlife division and Idaho will suspend your Idaho privileges also.
The key statute is called the Wildlife Violator Compact and is found at Utah Code Ann. 23-25-1. The state where the violation occurred at shares information with you home state and your home state is required to take reciprocal action.
Not only is failure to pay child support a Class A Misdemeanor, you can also lose your driver’s license and hunting/fishing license in Utah.
$2,500 in Back Child Support Threshold. The basics are that you must owe at least $2,500 in back child support based on a valid court order of child support.
How to get your Utah Hunting License Back. The new 2020 Utah law states you can’t get your Utah hunting and fishing license back until you:
(1). Pay the child support arrearages off in full, or
(2). Enter into a payment plan and actually pay your current monthly child support, along with some past arrearages for at least 12 months.
Most wildlife convictions can suspend your Utah hunting and fishing privileges for the following terms:
Felony Conviction. Up to 7 years.
Class A Misdemeanor. Up to 5 years
Class B Misdemeanor. Up to 3 years.
Class C Misdemeanor. Up to 1 year.
Infraction. No suspension.
The hearing officer may double a suspension period established in for offenses committed in violation of an existing suspension or revocation order issued by the courts, division, or Wildlife Board; or involving the unlawful taking of a trophy animal. See Utah Code Ann. 23-19-9(5).
Normally, pleas in abeyance or diversion agreement stop all licensing actions or collateral consequences of a criminal conviction. Not with wildlife convictions. If you take a plea in abeyance or diversion agreement on any misdemeanor or felony, your hunting and fishing privileges still may be suspended. A plea in abeyance or diversion agreement does not protect you from a suspension and reciprocal suspension in your home state under the Wildlife Violator Compact. See Utah Code Ann. 23-19-9.
You have to remember that the court as part of sentencing can suspend your license and the Division of Wildlife Resources can also suspend your hunting and fishing privileges.
Utah’s Wildlife Code has some serious traps to it. Hiring the right DNR/Wildlife lawyer can help you avoid them.