(a)It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
(b)(1)Commencing January 1, 2020, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a crocodile or alligator.
(2)This subdivision does not authorize the importation or sale of any alligator or crocodilian species, or products thereof, that are listed as endangered under the federal Endangered Species Act, or to allow the importation or sale of any alligator or crocodilian species, or products thereof, in violation of federal law or international treaty to which the United States is a party.
(c)Commencing January 1, 2022, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard.
(d)A person who violates this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment, for each violation.
(e)The prohibitions against importation for commercial purposes, possession with intent to sell, and sale of the species listed in this section are severable. A finding of the invalidity of any one or more prohibitions shall not affect the validity of any remaining prohibitions.
Notes of Decisions
H. J. Justin & Sons, Inc. v. Brown, 519 F. Supp. 1383 (E.D. Cal. 1981).
· cites it 10× “Plaintiff is desirous of selling these boots in California but is deterred from said action by California Penal Code §§ 653o and 653r, which, inter alia, forbid the sale within California of products made from the dead bodies, or any part thereof, of the elephant, python, or…”
Fouke Co. v. Brown, 463 F. Supp. 1142 (E.D. Cal. 1979).
· cites it 3× “Subsequent to the enactment of California Penal Code Sections 653o and 653r, The Fouke Company has offered, and it desires in the future to offer, processed alligator *1144 hides for sale directly to fabricators in California, including plaintiff Gary’s Leather Creations, Inc.”
Ivory Educ. Inst. v. Dep't of Fish & Wildlife, 239 Cal. Rptr. 3d 606 (Cal. Ct. App. 5th 2018).
“The trial court granted the Department's motion and denied the Institute's motion, and entered judgment for the Department and the intervenors.”
People v. Guiamelon, 205 Cal. App. 4th 383 (Cal. Ct. App. 2012).
“The definition of remuneration relied upon by Guiamelon does not conflict with the antikickback statute or section 650 and therefore section 650 does not pose an obstacle.”
April in Paris v. Becerra (E.D. Cal. 2020).
· cites it 17× “Bonham, in his official 28 capacity as Director of the California Department of Fish and Wildlife (“the California 1 defendants”), enjoining defendants from enforcing California Penal Code sections 653o and 653r 2 with respect to the importation and sale of American alligator,…”
April in Paris v. Becerra (E.D. Cal. 2023).
· cites it 8× “In 2006, the Governor of Louisiana sponsored a bill 3 to remove the American alligator from California Penal Code section 653o. See Cal.”
April in Paris v. Becerra (E.D. Cal. 2020).
· cites it 6× “Reply, ECF No. 33. On March 22 6, 2020, the court heard argument on the motion in a consolidated hearing with an identical 23 motion in a related case, Louisiana Wildlife and Fisheries Comm’n v.”
— Cal. Penal Code § 653o(b)(1) — 5 cases
April in Paris v. Becerra (E.D. Cal. 2023).
“In 2006, the Governor of Louisiana sponsored a bill 3 to remove the American alligator from California Penal Code section 653o. See Cal.”
April in Paris v. Becerra (E.D. Cal. 2020).
“Reply, ECF No. 33. On March 22 6, 2020, the court heard argument on the motion in a consolidated hearing with an identical 23 motion in a related case, Louisiana Wildlife and Fisheries Comm’n v.”
April in Paris v. Becerra (E.D. Cal. 2020).
“Bonham, in his official 28 capacity as Director of the California Department of Fish and Wildlife (“the California 1 defendants”), enjoining defendants from enforcing California Penal Code sections 653o and 653r 2 with respect to the importation and sale of American alligator,…”
— Cal. Penal Code § 653o(c) — 2 cases
April in Paris v. Becerra (E.D. Cal. 2020).
“Bonham, in his official 28 capacity as Director of the California Department of Fish and Wildlife (“the California 1 defendants”), enjoining defendants from enforcing California Penal Code sections 653o and 653r 2 with respect to the importation and sale of American alligator,…”
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