PROVO, UTAH COUNTY HUNTING CRIMES ATTORNEY–JAKE GUNTER CALL/TXT (801) 373-6345
Utah is a wonder state when it comes to hunting and the outdoors. Utah County has the Wasatch Front and several hunting areas, including Utah Lake, Mount Nebo Wilderness, Uinta National Forest and Mount Timpanogos Wilderness area to name a few.
Deer, elk, pronghorn, bison, moose, mountain goat, bighorn sheep, turkeys and waterfowl are just a few of the many hunting options available.
UTAH’S WILDLIFE CODE 23-13-1—POACHING & WILDLIFE CRIMES
Utah’s primary Wildlife hunting and poaching crimes code is found at 23-13-1. The criminal law provisions are found throughout the 19 parts of the Utah Wildlife Code. See Utahlegislature.org.
The main criminal provisions are found at 23-20-1, Chapter 20 Enforcement – Violations and Penalties.
COMMON UTAH WILDLIFE CRIMES:
The big list of hunting violations are found at end of this blog. But the most common Utah DNR hunting crimes are:
Utah Code 23-20-3.5 – UNLAWFUL TAKING OF PROTECTED WILDLIFE WHILE TRESPASSING
– Class B Misdemeanor
Utah Code 23-20-3 TAKE/POSS PROT WILDLIFE-BEF/AFT LGL HRS MIGR BIRDS
– Class B Misdemeanor
Utah Code 23-20-4 – WANTON DESTRUCTION OF PROTECTED WILDLIFE – 3rd Degree
Felony
Utah County Hunting Crimes Courthouse Locations.
Utah County is the second-most populous county in Utah as of 2022 at nearly 665,665. Provo is the county seat and third largest city in Utah. All hunting crimes are prosecuting in the District Courts or Justice Courts across Utah County. All Class B Misdemeanor or below are generally prosecuted in a justice court, whereas Class A misdemeanors and felonies are prosecuted in the district court.
Here are the common courts you will find your wildlife charges handled in:
Utah County District Court—Provo (Class A / Felonies)
137 N Freedom Blvd, Suite 100,
Provo, Utah 84601
Phone: (801) 429-1000
Utah County District Court—American Fork (Class A / Felonies)
775 West Center
Spanish Fork, Utah 84660
Phone: (801) 804-4800
Utah County District Court—Spanish Fork (Class A / Felonies)
775 West Center
Spanish Fork, Utah 84660
Phone: (801) 804-4800
Utah County Justice Court (Class Bs, Cs, Infractions)
151 South University Ave., Suite 3300
Provo, Utah 84601
Phone: (801) 851-7200
MANDATORY MINIMUMS JAIL HUNTING CRIMES.
Unlike many criminal codes the Utah Wildlife Code is ripe with mandatory minimum jail sentences, mandatory fines and mandatory criminal restitution. The Wildlife Code also addresses mandatory suspension of your hunting privileges.
The big mandatory jail time hunting crime charge in Utah is illegal taking a trophy animal. You get 20 days consecutive in jail for illegal taking a trophy animal.
“Trophy Animal” is defined by the Wildlife Code to mean a:
(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.
UTAH CRIMINAL POACHING LAWS AND PENALTIES:
Utah hunting and fishing violations may carry the following sanctions:
Mandatory Fines. The Utah bail schedule often regulates the standard fines for all Class B Misdemeanors and below. You can find the Utah bail fine schedule by Googling it.
Maximum Class C Misdemeanor Fine: $750. 90 Days in Jail. Prison is not possible.
Maximum Class B Misdemeanor Fine: $1,500. 6 Months in Jail. Prison is not possible.
Maximum Class A Misdemeanor Fine: $2,500. 364 Days in Jail. Prison is not possible.
3rd Degree Felony. $5,000. 0-5 years in prison, up to 1 year in jail, probation or a combination thereof.
Most Utah wildlife DNR crimes are misdemeanors with some being 3rd degree felonies.
MANDATORY MINIMUM RESTITUTION UTAH WILDLIFE RESTITUTION.
Trophy Animal Restitution.
If you are charged with taking a “Trophy Animal” then the following restitution payments apply:
$8,000 for elk (six points)
$6,000 for moose or mountain goat
$6,000 for bison
$2,000 for pronghorn
$30,000 for bighorn sheep.
$8,000 for deer (24-inch antler)
POACHING CRIMES ATTORNEY JAKE GUNTER CALL/TXT (801) 373-6345. AREAS COVERED
AREAS AND COURT COVERED: Jake takes cases statewide, and commonly has hunting DNR criminal charges out of:
The Great Salt Lake
Weber County North Fork Park
Capital Reef National Park
Bonneville Salt Flats State Park
Wasatch National Forest, Sevier County, Millard County, Manti,
Dagget County, St. George.
Bear River Migratory Bird Refuge. State-wide representation.
UTAH WILDLIFE REGULATIONS.
If you are digging deep and need to know how the Utah Wildlife Board works and how hunting and fishing licenses are disciplined, a good read of the Department of Natural Resources administrative rules is helpful. See the Utah Office of Administrative Rules. https://adminrules.utah.gov/public/home
MANDATORY UTAH FISH AND GAME CRIMINAL RESTITUTION AMOUNTS.
The Utah Wildlife Code is unique in that it has mandatory and specified restitution amounts listed directly in the code. They are as follows:
$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;
$750 per animal for: (i) elk; or (ii) threatened species;
$500 per animal for: (i) cougar; (ii) golden eagle; (iii) river otter; or (iv) gila monster;
$400 per animal for: (i) pronghorn antelope; or (ii) deer;
$350 per animal for bobcat;
$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;
$35 per animal for furbearers, except: (i) bobcat; (ii) river otter; and (iii) threatened or endangered species;
$25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, largemouth bass, smallmouth bass, and wiper;
$15 per animal for game birds, except: (i) turkey; (ii) swan; and (iii) sandhill crane;
$10 per animal for game fish not listed.
$8 per pound dry weight of processed brine shrimp including eggs; and
$5 per animal for protected wildlife not listed.
CAN FAILURE TO PAY CHILD SUPPORT SUSPEND MY HUNTING RIGHTS? YES.
Hunting is a big deal to Utahns and those who don’t pay their child support can have their hunting privileges suspended or revoked. It has its own special process. Read more about having your hunting license suspended for not paying child support here: https://provocriminaldefense.com/2020/07/26/can-i-lose-my-utah-hunting-fishing-license-for-failing-to-pay-child-support/
WILDLIFE CONVICTIONS GENERALLY SUSPEND YOUR HUNTING PRIVILEGES.
23-19-9. Suspension of license or permit privileges — Suspension of certificates of registration.
This is a big one. How long will my Utah hunting and fishing licenses get suspended or revoked for violating the Utah Wildlife Resources Act—Utah Code Ann. 23-1-101 et seq.
BASIC UTAH WILDLIFE HUNTING SUSPENSION PERIODS FOR WILDLIFE CONVICTIONS.
Here are the basic rules, subject to administration by the Utah Wildlife Board: https://wildlife.utah.gov/board-members.html
If you are convicted of a criminal offense listed in the Utah Wildlife Resource Act, the following licensing sanctions may apply:
SEVEN YEARS:
(i) a felony conviction; Even if it taken under abeyance or as a diversion agreement.
FIVE YEARS:
(i) a class A misdemeanor conviction; Even if it taken under abeyance or as a diversion agreement.
THREE YEARS:
(i) a class B misdemeanor conviction; Even if it taken under abeyance or as a diversion agreement.
ONE YEAR:
(i) a class C misdemeanor conviction; Even if it taken under abeyance or as a diversion agreement.
DOUBLED SUSPENSION FOR TROPHY ANIMAL CONVICTIONS.
The hearing officer may double a suspension period if you are convicted again while serving a suspension period or you are involved in illegally taking “Trophy Animals.”
BIG GOTCHA: WILDLIFE VIOLATIONS, POACHING, ILLEGAL HUNTING AND PLEAS IN ABEYANCE—Still counts.
The Utah Wildlife Resources Act doesn’t care if you take a diversion agreement or a first time offender program, such as a Plea in Abeyance on your Utah poaching charges. The Utah Wildlife Board will still treat that Plea in Abeyance as if it was a conviction.
See this deeper article on what Pleas in Abeyances are. https://provocriminaldefense.com/pleas-in-abeyance/
MULTI-STATE RECIPROCAL SUSPENSIONS. Suspension in Utah can Suspend in Wyoming.
Utah participates in the “Wildlife Violator Compact.” This wildlife compact allows participating member states to cooperate with each other and reciprocate hunting license suspensions that occur in home states.
23-25-6. Reciprocal recognition of suspension.
(1) All participating states shall recognize the suspension of license privileges of a person by the participating state as though the violation resulting in the suspension:
(a) had occurred in their state; and
(b) could have been the basis of the suspension of license privileges in their state.
(2) Each participating state shall communicate suspension information to other participating states in the form and with the content as contained in the compact manual.
UTAH POACHING HUNTING CRIMES ATTORNEY JAKE GUNTER HAS HANDLED DNR CRIMES ACROSS UTAH. Call / Txt (801) 373-6345 for a free consultation.
THE BIG LIST OF UTAH HUNTING AND POACHING CRIMES
Utah Code 23-20-13 (2017). Signs or equipment — Damage or destruction unlawful.
shoot at, shoot, deface, damage, remove, or destroy any division signs or placards located in any part of this state; or damage, destroy, remove, or cause to be damaged, destroyed, or removed any equipment or devices owned, controlled, or operated by the Division of Wildlife Resources.
A Class B Misdemeanor. Recommended $290 fine.
Utah Code 23-19-5 (2017). Fraud, deceit, or misrepresentation in obtaining a license, permit, tag, or certificate of registration.
It is illegal in Utah to obtain a hunting permit, tag, license by misrepresentation. It is a Class B Misdemeanor and a recommended $290 fine.
Utah Code23-20-3 (2017). 23-20-3. Taking, transporting, selling, or purchasing protected wildlife illegal except as authorized — Penalty.
It is a Utah fish and game crime to do any of the following actions concerning a listed protected species. Conviction of these Utah fish and game laws is a class B misdemeanor and a recommended $680 fine. It is illegal for a person to:
–take Protected Wildlife or its parts;
–collect, import, possess, transport, propagate, store, donate, transfer, or export protected wildlife or its parts; take, possess, sell, purchase, barter, donate, or trade protected wildlife or its parts without having previously procured the necessary licenses, permits, tags, stamps, certificates of registration, authorizations, and receipts required in this title or a rule, proclamation, or order of the Wildlife Board;
–take protected wildlife with any weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
–possess while in pursuit of protected wildlife any weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board; take protected wildlife using any method, means, process, or practice not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
–take protected wildlife outside the season dates, location boundaries, and daily time frames established in rule, proclamation, or order of the Wildlife Board;
–take protected wildlife in excess of the bag and possession limits established in rule, proclamation, or order of the Wildlife Board;
–take protected wildlife in an area closed to hunting, trapping, or fishing by rule, proclamation, or order of the Wildlife Board, or by executive order of the division director pursuant to Subsection 23-14-8(4);
practice falconry or capture, possess, or use birds in falconry;
–take any wildlife from an airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;
–hold in captivity at any time any live protected wildlife;
–use or permit a dog or other domestic or trained animal to take protected wildlife;
–remove, damage, or destroy an occupied nest of protected wildlife;
–release captured or captive wildlife into the wild;
–use spotlighting to take protected wildlife;
–employ or use a means of concealment or camouflage while taking protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
–possess or use bait or other attractant to take protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
–use any decoy or recorded or electronically amplified call which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
–commercially harvest protected wildlife, including brine shrimp and brine shrimp eggs;
–utilize protected wildlife for commercial purposes or financial gain;
–enter, establish, or hold a contest or tournament involving the taking of protected wildlife;
–operate or participate in a commercial hunting area as described in Section 23-17-6; or
–operate or participate in a cooperative wildlife management unit as defined in Section 23-23-2.
–possession of protected wildlife without a valid license, permit, tag, certificate of registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was illegally taken and is illegally held in possession.
Utah Code 23-20-14 (2017). Definitions — Posted property — Hunting by permission — Entry on private land while hunting or fishing — Violations —
Penalty — Prohibitions inapplicable to officers.
It is a hunting crime in Utah to illegal enter private land to hunt without the written permission of the landowner or their agent. Written permission to hunt must by statute specify the following:
the signature of the owner or person in charge;
the name of the person being given permission;
the appropriate dates; and
a general description of the property.
A person convicted of this Utah fish and game crime can have their hunting privileges suspended or revoked by a Division of Wildlife hearing officer. If you are convicted of this Utah hunting crime twice within a five year period, the second conviction may be construed as a “flagrant” violation resulting in you not being able to obtain any Utah hunting privileges.
Conviction of this Utah hunting crime carriers a Class B Misdemeanor and a recommended $250 fine and jail up to six months.
Utah Code 23-20-18 (2017). Interference with, intimidation or harassment of officer unlawful.
It is unlawful for any person to interfere with, intimidate or harass a conservation officer or special deputy in the lawful performance of his duty.
This Utah hunting crime carries a Class B Misdemeanor and a recommended $680 fine, along with potential jail time.
Utah Code 23-20-15 (2017). Destruction of signs or enclosure on private land unlawful.
It is unlawful for any person, without the consent of the owner or person in charge of any privately owned land, to tear down, mutilate, or destroy any sign, signboard or other notice which regulates trespassing for purposes of hunting, trapping, or fishing on this land; or to, without such consent, tear down, deface, or destroy any fence or other enclosure on this privately owned land, or any gate or bars belonging to any such fence or enclosure.
A Class B Misdemeanor. $480 recommended fine and potential jail.
Utah Code 23-20-20 (2017). Children accompanied by adults while hunting with weapon.
As used in this section:
“Accompanied” means at a distance within which visual and verbal communication is maintained for the purposes of advising and assisting.
“Electronic device” means a mechanism powered by electricity that allows communication between two or more people.
“Electronic device” includes a mobile telephone or two-way radio.
“Verbal communication” means the conveyance of information through speech that does not involve an electronic device.
A person younger than 14 years old who is hunting with any weapon shall be accompanied by:
the person’s parent or legal guardian; or
a responsible person who is at least 21 years old and who is approved by the person’s parent or guardian.
A person younger than 16 years old who is hunting big game with any weapon shall be accompanied by:
the person’s parent or legal guardian; or
a responsible person who is at least 21 years old and who is approved by the person’s parent or guardian.
A person who is at least 14 years old but younger than 16 years old shall be accompanied by a person who is at least 21 years old while hunting wildlife, other than big game, with any weapon.
A Class B Misdemeanor. $680 fine and potential jail.
Utah Code 23-20-25 (2017). Exhibition of license, permit, tag or device required — Misdemeanor.
Any person while engaged in any activity regulated under this title, shall be required upon demand of any conservation officer or any other peace officer to exhibit:
the required license, permit, or tag;
any device or apparatus in that person’s possession used for any activity regulated under this title; or
any wildlife in that person’s possession.
Any conservation officer who has a reasonable belief that a person is engaged in any activity regulated under this title may stop and temporarily detain that person in order to demand and inspect:
the required license, permit, or tag;
any device or apparatus in that person’s possession used for any activity regulated under this title; or
any wildlife in that person’s possession.
Any person who fails to produce for examination to an officer any of the required licenses, permits, tags, devices or apparatuses used for any activity regulated under this title or any wildlife in that person’s possession is guilty of a class B misdemeanor.
The post Utah County Hunting Crimes Attorney appeared first on provocriminaldefense.com.
