(1) (a) Except as is otherwise provided in articles 1 to 6 of this title or by rule of the commission, it is unlawful for a person: (I) To hunt or take, or to solicit another person to hunt or take, wildlife and detach or remove, with the intent to abandon the carcass or body, only the head, hide, claws, teeth, antlers, horns, internal organs, or feathers or any or all of such parts; (II) To intentionally abandon the carcass or body of taken wildlife; or (III) To take and intentionally abandon wildlife.
(b) A person who violates this subsection (1), with respect to:
(I) Big game, eagles, and endangered species, commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S., and, in addition, shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1)(a)(III), C.R.S. Upon such conviction, the commission shall assess twenty license suspension points and suspend the wildlife license privileges for one year to life of the person convicted.
(II) All other wildlife species, commits a class 2 misdemeanor and is assessed twenty license suspension points.
(2) The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns, internal organs, or feathers, from being taken and abandoned, or any or all of the foregoing, and the provisions of this section shall be so construed.
Source: L. 84: Entire article R&RE, p. 874, § 1, effective January 1, 1985. L. 85: (1)(a) amended, p. 659, § 12, effective July 1. L. 94: IP(1) amended, p. 1586, § 15, effective May 31. L. 2002: (1)(a) amended, p. 1544, § 295, effective October 1. L. 2003: IP(1), (1)(a), and (2) amended, p. 1029, § 3, effective July 1. L. 2008: (1) amended, p. 537, § 2, effective August 5. L. 2021: (1)(b)(II) amended, (SB 21-271), ch. 462, p. 3260, § 557, effective March 1, 2022.
Editor's note: This section is similar to former § 33-6-106 as it existed prior to 1984.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(a), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Dep't of Nat. Res. v. 5 Star Feedlot, Inc, 2021 CO 27 (Colo. 2021).
· cites it 10× “In one of those cases, a division held that there was an implied mens rea of knowing for a statute’s prohibition against “kill[ing] and abandon[ing] any wildlife.”
People v. Lawrence, 55 P.3d 155 (Colo. Ct. App. 2002).
· cites it 3× “The General Assembly stated its intent in enacting § 33-6-117 as follows: "The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns, internal…”
People v. Gordon, 160 P.3d 284 (Colo. Ct. App. 2007).
· cites it 3× “3d 47 (Colo.2005). A. Willful Destruction of Wildlife Defendant contends that the mental state for willful destruction of wildlife should be "with intent" and not "knowingly.”
People ex rel. M.C., 292 P.3d 1030 (Colo. Ct. App. 2012).
· cites it 16× “{14 The General Assembly stated its intent in enacting section 33-6-117 as follows: The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns,…”
People v. Dobson, 847 P.2d 176 (Colo. Ct. App. 1992).
· cites it 8× “Defendant first contends that the trial court erred in its response to the jury’s request for a definition of the word “abandon” as found in the willful destruction of wildlife statute, § 33-6-117, C.R.S. (1984 Repl.Vol. 14). We disagree.”
of Colorado v. 5 Star Feedlot, 2019 COA 162 (Colo. Ct. App. 2019).
· cites it 8× “Section 33-6-109(1) proscribes conduct that is virtually identical to the conduct proscribed by the versions of section 33-6-117 construed in those cases.”
— Colo. Rev. Stat. § 33-6-117(1) — 5 cases
People v. Gordon, 160 P.3d 284 (Colo. Ct. App. 2007).
“3d 47 (Colo.2005). A. Willful Destruction of Wildlife Defendant contends that the mental state for willful destruction of wildlife should be "with intent" and not "knowingly.”
Dep't of Nat. Res. v. 5 Star Feedlot, Inc, 2021 CO 27 (Colo. 2021).
“In one of those cases, a division held that there was an implied mens rea of knowing for a statute’s prohibition against “kill[ing] and abandon[ing] any wildlife.”
People v. Dobson, 847 P.2d 176 (Colo. Ct. App. 1992).
“Defendant first contends that the trial court erred in its response to the jury’s request for a definition of the word “abandon” as found in the willful destruction of wildlife statute, § 33-6-117, C.R.S. (1984 Repl.Vol. 14). We disagree.”
People ex rel. M.C., 292 P.3d 1030 (Colo. Ct. App. 2012).
“{14 The General Assembly stated its intent in enacting section 33-6-117 as follows: The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns,…”
of Colorado v. 5 Star Feedlot, 2019 COA 162 (Colo. Ct. App. 2019).
“Section 33-6-109(1) proscribes conduct that is virtually identical to the conduct proscribed by the versions of section 33-6-117 construed in those cases.”
— Colo. Rev. Stat. § 33-6-117(1)(a) — 1 case
People ex rel. M.C., 292 P.3d 1030 (Colo. Ct. App. 2012).
“{14 The General Assembly stated its intent in enacting section 33-6-117 as follows: The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns,…”
— Colo. Rev. Stat. § 33-6-117(1)(a)(I) — 1 case
Dep't of Nat. Res. v. 5 Star Feedlot, Inc, 2021 CO 27 (Colo. 2021).
“In one of those cases, a division held that there was an implied mens rea of knowing for a statute’s prohibition against “kill[ing] and abandon[ing] any wildlife.”
— Colo. Rev. Stat. § 33-6-117(1)(a)(I1) — 1 case
People ex rel. M.C., 292 P.3d 1030 (Colo. Ct. App. 2012).
“{14 The General Assembly stated its intent in enacting section 33-6-117 as follows: The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns,…”
— Colo. Rev. Stat. § 33-6-117(1)(a)(II) — 1 case
People ex rel. M.C., 292 P.3d 1030 (Colo. Ct. App. 2012).
“{14 The General Assembly stated its intent in enacting section 33-6-117 as follows: The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns,…”
— Colo. Rev. Stat. § 33-6-117(2) — 1 case
People ex rel. M.C., 292 P.3d 1030 (Colo. Ct. App. 2012).
“{14 The General Assembly stated its intent in enacting section 33-6-117 as follows: The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns,…”
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