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Colorado

West's Colorado Revised Statutes Annotated. Title 33. Wildlife and Parks and Outdoor Recreation. Wildlife. Article 6. Law Enforcement and Penalties--Wildlife. Part 1. General Provisions

Statute Details
Printable Version
Citation: CO ST 33-6-101 to 142

Citation: C. R. S. A. 33-6-101 to 142


Last Checked by Web Center Staff: 11/2013

Summary:   These Colorado statutes represent Part 1 of the state's wildlife code. Among the provisions include violations for improperly taking wildlife, hunting provisions, and a law prohibiting computer-assisted remote hunting.


Statute in Full:

§ 33-6-101. Powers and duties of officers

§ 33-6-102. Items constituting public nuisance--when--seizure

§ 33-6-103. Prosecution of offenses

§ 33-6-104. Imposition of penalty--procedures

§ 33-6-105. Disposition of fines and surcharges

§ 33-6-106. Suspension of license privileges

§ 33-6-107. Licensing violations--penalties

§ 33-6-108. Possession as prima facie evidence

§ 33-6-109. Wildlife--illegal possession

§ 33-6-110. Division action to recover possession and value of wildlife unlawfully taken

§ 33-6-111. Inspection of license and wildlife--check stations--failure to tag--eluding an officer

§ 33-6-112. Evidence of wildlife sex and species

§ 33-6-113. Illegal sale of wildlife

§ 33-6-113.5. Illegal businesses on division property

§ 33-6-114. Transportation, importation, exportation, and release of wildlife

§ 33-6-114.5. Native and nonnative fish--possession, transportation, importation, exportation, and release--penalties

§ 33-6-115. Theft of wildlife--tampering with trap

§ 33-6-115.5. Hunting, trapping, and fishing--intentional interference with lawful activities

§ 33-6-116. Hunting, trapping, or fishing on private property--posting public lands

§ 33-6-117. Willful destruction of wildlife--legislative intent

§ 33-6-118. Killing of big game animals in contest prohibited

§ 33-6-119. Pursuit of wounded game--waste of edible game wildlife--use of wildlife as bait

§ 33-6-120. Hunting, trapping, or fishing out of season or in a closed area

§ 33-6-121. Hunters to wear daylight fluorescent orange garments

§ 33-6-122. Hunting in a careless manner

§ 33-6-123. Hunting under the influence

§ 33-6-124. Use of a motor vehicle or aircraft--rules--repeal

§ 33-6-125. Possession of a loaded firearm in a motor vehicle

§ 33-6-126. Shooting from a public road

§ 33-6-127. Hunting with artificial light, night vision, or thermal imaging devices

§ 33-6-128. Damage or destruction of dens or nests--harassment of wildlife

§ 33-6-129. Damage to property or habitat under division control

§ 33-6-130. Explosives, toxicants, and poisons not to be used

§ 33-6-131. Knowingly luring bears

§ 33-6-132. Computer-assisted remote hunting prohibited

§§ 33-6-133 to 33-6-142. Repealed by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985


 

 


§ 33-6-101. Powers and duties of officers

(1) Every Colorado wildlife officer or other commissioned officer of the division shall enforce the provisions of articles 1 to 6 of this title. Every other peace officer, as defined in section 33-1-102(32), may assist the Colorado wildlife officers in the enforcement of articles 1 to 6 of this title. Each such officer has the full power and authority to arrest any person who he or she has probable cause to believe is guilty of a violation of articles 1 to 6 of this title, and, in accordance with the constitutions and laws of the United States and the state of Colorado, to open, enter, and search all places of concealment where he or she has probable cause to believe wildlife held in violation of articles 1 to 6 of this title is to be found or where other material evidence relating to a violation of articles 1 to 6 of this title is to be found and to seize the same. Each such officer shall have the authority to secure and execute search or arrest warrants.

(2) Any peace officer, as defined in section 33-1-102(32), empowered with enforcing the provisions of articles 1 to 6 of this title has the authority to go onto any lands or waters, public or private, to demand of any person, who he has reason to believe has exercised the benefits conferred by any license provided for in articles 1 to 6 of this title, the immediate production of such license and any wildlife in possession; and such peace officer shall have the right and opportunity to inspect such licenses and wildlife.

(3) When protection of the public health, safety, or welfare requires, any officer having the power to enforce the provisions of articles 1 to 6 of this title shall have the authority to make use of any motor vehicle or other means of transportation, whether privately or publicly owned, to aid him in the performance of his duties. Payment of reasonable compensation shall be made for the use of such motor vehicle or other means of transportation.

(4) Repealed by Laws 2003, Ch. 305, § 49, eff. Aug. 6, 2003.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1996, S.B.96-15, § 4, eff. June 1, 1996; Laws 2002, Ch. 227, § 4, eff. May 30, 2002; Laws 2003, Ch. 242, § 68, eff. Aug. 6, 2003; Laws 2003, Ch. 305, § 49, eff. Aug. 6, 2003.


§ 33-6-102. Items constituting public nuisance--when--seizure

(1) Every motor vehicle, vessel, firearm, seine, net, trap, explosive, poisonous or stupefying substance, or other personal property used in the hunting, taking, or harassing of wildlife in violation of the provisions of articles 1 to 6 of this title is declared to be a public nuisance. Every such item shall be subject to seizure, confiscation, and forfeiture or destruction as provided in this section, unless the possession of said property is not unlawful and the owner of said property was not a party to the violation and would suffer undue hardship by the sale, confiscation, or destruction of the property.

(2)(a) Any personal property subject to seizure, confiscation, and forfeiture or destruction under the provisions of this section, which is seized as a part of or incident to a criminal proceeding for violation of the provisions of articles 1 to 6 of this title and for which disposition is not provided by another statute of this state, shall be disposed of as provided in this section.

(b)(I) The division shall be in violation of this section if it seizes any personal property that is not part of or incident to a criminal proceeding for violation of articles 1 to 6 of this title and does not return such property on demand.

(II) If the division violates subparagraph (I) of this paragraph (b) or any other provision of law when seizing personal property, the division shall be charged one hundred dollars per day per violation plus any attorney's fees incurred by the owner of the property.

(3) Any such property, the possession of which is illegal and which in the opinion of the court having jurisdiction over the criminal proceeding is not properly the subject of a sale, may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the division. The court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding.

(4) Except as otherwise provided in this section, the court may order any such property sold by the division in the manner provided for sales on execution. The proceeds of the sale shall be applied as follows:

(a) To the fees and costs of removal and sale;

(b) To the payment of the state's costs on such action; and

(c) The balance, if any, or any portion thereof not otherwise distributed pursuant to this paragraph (c), to the wildlife cash fund. Instead of being deposited in the wildlife cash fund, such balance or any portion thereof may be transmitted, upon order of the court, as follows:

(I) To the seizing agency, if the court finds that the proceeds can be used by such agency;

(II) To any person who suffers bodily injury or property damage as a result of the action which constitutes the violation, if said person petitions the court therefor.

(5) In lieu of ordering the sale or destruction of such property, the court may, if it finds that it can be used by the agency which seized it, order it delivered to the agency for such use.

(6) The division shall not undertake any seizure of property pursuant to this section unless the division has complied with parts 3 and 5 of article 13 of title 16, C.R.S., as applicable.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1994, S.B.94-137, § 7, eff. May 31, 1994; Laws 1996, S.B.96-38, §§ 2, 3, eff. April 17, 1996.

 

§ 33-6-103. Prosecution of offenses

If the possession, use, importation, exportation, transportation, storage, sale, or offering or exposing for sale of wildlife is prohibited or restricted by articles 1 to 6 of this title or by rule or regulation of the commission, the prohibition or restriction, where not otherwise specifically provided, shall extend to and include every part of such wildlife, and a violation as to each animal or part thereof shall be a separate offense. Two or more offenses may be charged in the same complaint, information, or indictment, and proof as to part of an animal shall be sufficient to sustain a charge as to the whole of it. Violations as to any number of animals of the same kind may be charged in the same count and punished as a separate offense as to each animal.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985.

 

§ 33-6-104. Imposition of penalty--procedures

(1) Any person who violates any of the provisions of articles 1 to 6 of this title or any rule of the commission that does not have a specific penalty listed is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars, a surcharge as described in section 24-33.5-415.6, C.R.S., and an assessment of five license suspension points.

(2) At the time that any person is charged with violating any misdemeanor provisions of articles 1 to 6 of this title or any rule of the commission, the officer shall issue a summons and complaint to the alleged offender or, in the case of a violation for which a fine of a fixed amount is prescribed, may give the alleged offender an opportunity to voluntarily pay the fine and surcharge in the form of a penalty assessment. Penalty assessments shall not be issued for violations for which minimum and maximum fines have been established. The penalty assessment notice given to the alleged offender shall contain the information required in and be in the form of a summons and complaint and shall specify in dollars the amount of the penalty to be assessed for the alleged offense and the amount of the surcharges to be collected pursuant to sections 24-4.2-104(1) and 24-33.5-415.6, C.R.S. If the alleged offender accepts such notice and pays the fine and the surcharges entered thereon to the division within fifteen days of issuance of the notice, such acceptance and payment shall constitute an acknowledgment of guilt by such person of the violation set forth in the penalty assessment notice. Any person who accepts a penalty assessment notice but who does not furnish satisfactory evidence of identity or who the officer has reasonable and probable grounds to believe will disregard a written promise to pay the specified fine and surcharges may be taken by the officer to the nearest known post-office facility and be required to remit the amount of the specified fine and surcharges to the division immediately by mail in United States currency or other legal tender by money order or personal check. Refusal or inability to remit the specified fine and surcharges by mail when required shall constitute a refusal to accept a penalty assessment notice. The officer shall advise the person arrested of the license suspension points to be assessed in accordance with section 33-6-106. Checks tendered by the violator to and accepted by the division and on which payment is received by the division shall be deemed sufficient receipt. If the fine and surcharges are not so paid, then the officer who issued the penalty assessment notice shall docket the summons and complaint with a court of competent jurisdiction for appearance by the person to answer the charges therein contained at such time and place as is specified in the summons and complaint.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1985, H.B.1264, § 4, eff. May 3, 1985; Laws 2009, Ch. 295, § 9, eff. July 1, 2009.

 

§ 33-6-105. Disposition of fines and surcharges

(1)(a) Except as otherwise provided in paragraph (b) of this subsection (1), all moneys collected for fines under articles 1 to 6 of this title, either by payment of a penalty assessment or assessed by a court upon conviction and resulting from issuance of a citation by a wildlife officer of the division of parks and wildlife, shall be transmitted to the state treasurer, who shall credit one-half to the general fund and one-half to the wildlife cash fund or, for offenses involving nongame wildlife, to the nongame and endangered wildlife cash fund.

(b) When an arrest has been made or the citation for any wildlife offense has been issued by a park officer of the division of parks and wildlife or by any other Colorado peace officer, as defined in this title, the state treasurer shall credit one-half of the moneys collected to the general fund and one-half to the Colorado town, city, county, city and county, or state agency whose officer issued the citation.

(2) It is the duty of every clerk of a court before which prosecutions and appeals of violators of articles 1 to 6 of this title are heard, within twenty days after any such trial, appeal, disposition, or dismissal thereof, to notify the division, in writing, of the result thereof and the amount of fines collected, if any, and the disposition of such fines.

(3) The provisions of the “Colorado Crime Victim Compensation Act”, article 4.1 of title 24, C.R.S., shall not apply to articles 1 to 6 of this title, and the costs imposed by said act shall not be levied on criminal actions for violations of articles 1 to 6 of this title.

(4) No fine, penalty, or judgment assessed or rendered under the provisions of articles 1 to 6 of this title shall be suspended, reduced, or remitted otherwise than as expressly provided by law.

(5) All moneys collected by the division as surcharges on penalty assessments issued pursuant to section 33-6-104 shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1985, H.B.1264, § 5, eff. May 1, 1985; Laws 1990, H.B.90-1063, § 5, eff. April 3, 1990; Laws 1994, S.B.94-137, § 8, eff. May 31, 1994; Laws 2011, Ch. 293, § 16, eff. July 1, 2011.

 

§ 33-6-106. Suspension of license privileges

(1) The commission, or a hearing officer who has been delegated authority by the commission, has the exclusive authority to suspend the privilege of applying for, purchasing, or exercising the benefits conferred by any or all licenses issued by the division for a period not to exceed five years, except as otherwise provided in articles 1 to 6 of this title, if a person:

(a) Has been convicted of violations of articles 1 to 6 of this title totaling twenty or more points in any consecutive five-year period;

(b) While a Colorado resident:

(I) Has been convicted of wildlife violations of another state, or any Canadian province, United States territory, or federal agency which is a member of the “Wildlife Violator Compact”, part 26 of article 60 of title 24, C.R.S.,1 for which equivalent charges exist in this state, and such convictions, individually or when combined with convictions specified in paragraph (a) of this subsection (1), would total twenty or more points in any consecutive five-year period.

(II) Deleted by Laws 2003, Ch. 305, § 4, eff. May 22, 2003;

(c) Has been convicted of any violation of title 18, C.R.S., that was committed while hunting, trapping, fishing, or engaging in a related activity or of any federal wildlife violations within Colorado and such federal convictions, individually or when combined with convictions specified in paragraph (a) of this subsection (1), total twenty or more points;

(d) Is found to meet the requirements for reciprocal suspension as provided in the “Wildlife Violator Compact”, part 26 of article 60 of title 24, C.R.S.;

(e) Has been convicted of any violation under section 33-6-114.5(2), (3), (4), (5), or (6).

(2) For the purposes of license suspension under subsection (1) of this section, the payment of a penalty assessment, a court conviction, a plea of nolo contendere, the acceptance of a deferred or suspended sentence by the court, the adjudication of a juvenile as delinquent for any violation of this title that would have resulted in a conviction if prosecuted as an adult, or forfeiture of bail shall be deemed a conviction.

(3) Any person who is to be considered for suspension, including permanent suspension, shall be given due notice of such action and shall be given the opportunity to appear and show cause why his or her license privileges should not be suspended. Such notice shall be in the form of a certified letter, return receipt requested, sent to the last-known address of the person, stating the violations and the date of hearing. Proof of such mailing and attempted delivery shall be sufficient proof of the notice required by this subsection (3).

(4) Except as otherwise provided in subsection (4.5) of this section, any hearing on the suspension of license privileges for Colorado residents shall be held in a regional or area office of the division nearest to the residence of the respondent or, in the case of nonresidents, in such other location as may be determined by the division. Such hearing shall be conducted by a hearing examiner on behalf of the commission. The hearing examiner may administer oaths and affirmations, issue subpoenas for the attendance of witnesses and the production of books and papers, and apply to the district court for enforcement thereof. The hearing examiner shall not be subject to the provisions of part 10 of article 30 of title 24, C.R.S. The director shall appoint such hearing examiners, who may be employees of the division.

(4.5) With respect to any suspension of the license of a resident pursuant to the provisions of a compact with another state, territory, or province for failure to comply with the terms of a summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged wildlife violation issued by a wildlife officer or other authorized peace officer in such other state, territory, or province, the hearing shall be conducted by the commission at the time and place of a regularly scheduled meeting without the need for any prior hearing by the hearing examiner. The commission shall have the authority with respect to any such suspension to suspend the resident's privileges until satisfactory evidence of compliance with the terms of the summons, complaint, summons and complaint, penalty assessment notice, or other official notice of violation has been furnished to the division.

(5) Notice of any resulting suspension shall be sent to the person by certified mail, return receipt requested, to the last-known address of such person and to license agents and other persons who should be notified of such suspensions.

(6) Any person whose license privileges have been suspended shall not be entitled to purchase, apply for, or exercise the benefits conferred by any license issued by the division until such person's suspension has expired. Any person who violates this subsection (6) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of five hundred dollars. Conviction under this subsection (6) shall result in an automatic two-year extension of the existing suspension added to the end of the original suspension unless such person was under a lifetime suspension when such violation occurred. If a person is under a lifetime suspension and violates this subsection (6), such person shall be guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

(7) The commission may delegate the exercise of its exclusive authority to suspend wildlife license privileges to any hearing examiner appointed by the division. The hearing examiner's decision may be appealed to the commission by filing a notice of appeal with the commission within thirty days after receipt of the hearing examiner's decision.

(8) If a person's privilege of applying for, purchasing, or exercising the benefits conferred by any or all licenses issued by the division is suspended three or more times pursuant to this section, such person shall receive a lifetime suspension of such privileges.

(9)(a) A person may petition the commission to end a suspension once every five years either:

(I) After half of a suspension of at least ten years but less than a lifetime has elapsed; or

(II) After fifteen years of a lifetime suspension has elapsed.

(b) If a person petitions the commission to end a suspension, the commission shall hold a hearing to determine whether to end the suspension within one hundred twenty days after receiving the petition; except that a person may petition the commission no more than three times. Upon receiving a fourth or subsequent petition, the commission may deny the petition without a hearing.

(c)(I) The commission may end a suspension if:

(A) The person is unlikely to violate this article again;

(B) The person has not been convicted of or pled guilty or nolo contendere to any violation of articles 1 to 6 of this title after the suspension was imposed; and

(C) The suspension is the person's first in Colorado.

(II) In determining whether to end a suspension under this subsection (9), the commission may consider whether the person has been convicted of or pled guilty or nolo contendere to any misdemeanor or felony.

(d) If a suspension is ended, the commission may require the petitioner to:

(I) Pay a reinstatement fee, not to exceed three hundred dollars;

(II) Perform service, not to exceed forty hours, under the division's direction on wildlife or state park projects; or

(III) Attend a hunter's safety or hunter outreach course.

(e) The commission shall hold a hearing required by this subsection (9) at one of its regularly scheduled meetings but not more than quarterly.

(f) This subsection (9) is repealed, effective July 1, 2017. Prior to the repeal, the commission shall review the petition program under this subsection (9) to determine whether the number of petitions granted justifies the continuance of the program. Based upon this review, the commission shall make recommendations to the general assembly whether to continue this subsection (9) by October 1, 2016.


Credits

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1989, S.B.177, §§ 2, 3, eff. April 12, 1989; Laws 1990, S.B.90-67, § 3, eff. July 1, 1990; Laws 1994, S.B.94-137, §§ 9, 10, eff. May 31, 1994; Laws 2003, Ch. 305, § 4, eff. May 22, 2003; Laws 2012, Ch. 259, § 1, eff. Aug. 8, 2012.

[FN1] Section 24-60-2601 et seq.

 

§ 33-6-107. Licensing violations--penalties

(1)(a) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, a person shall not procure or use more than one license of a certain type in a calendar year. A person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to wildlife other than big game, be punished by a fine of fifty dollars and an assessment of ten license suspension points or shall, with respect to big game, be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points.

(b) A license procured in violation of this subsection (1) is void.

(2)(a) Any person who makes a false statement or provides false information in connection with applying for or purchasing a license, or any license agent who knowingly uses or accepts false information in connection with selling or issuing a license, is guilty of a misdemeanor and, upon conviction, shall be punished by the following fines:

(I) For each license that is not a big game license, a fine that is equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed.

(II) For each big game license, a fine that is equal to twice the cost of the most expensive license for such species and an assessment of fifteen license suspension points shall be assessed.

(b) All licenses obtained with false information are void.

(3) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, any person, regardless of age, who hunts or takes wildlife in this state shall procure a proper and valid license therefor and shall have the valid license on his or her person when exercising the benefits it confers. A person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine and an assessment of license suspension points as follows:

(a) For each license that is not a big game license, the fine shall be equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed.

(b) For each big game license, fifteen license suspension points and a fine that is equal to twice the cost of the most expensive license for such species shall be assessed.

(3.5) Except as provided in subsection (9) of this section, it is unlawful for any person under sixteen years of age to hunt wildlife with a youth license issued pursuant to section 33-4-102(1.4)(x) unless such person is at all times personally accompanied by, and in voice and reasonable visual contact with, a person eighteen years of age or older who holds a valid hunter education certificate or who was born before January 1, 1949. Any person who violates this subsection (3.5) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of five license suspension points.

(4) It is unlawful for any person under twelve years of age to hunt or take big game, and it is unlawful for persons between the ages of twelve and fifteen years of age to hunt or take big game except when at all times personally accompanied by, and in voice and reasonable visual contact with, a person eighteen years of age or older who holds a valid hunter education certificate or who was born before January 1, 1949. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of ten license suspension points.

(5) Any person who possesses live wildlife in this state and who is required by commission rule or regulation to have a license for such possession shall have the required license at the site where the wildlife is kept. Any person who violates this subsection (5) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of ten license suspension points.

(6) A person sixteen years of age or over who fishes for or takes fish, amphibians, mollusks, or crustaceans in this state shall have a proper and valid fishing license on his or her person. Persons under sixteen years of age are not required to have a fishing license and shall be entitled to the full bag or possession limit set by the commission. A person who violates this subsection (6) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of ten license suspension points.

(7) It is unlawful to alter, transfer, sell, loan, or assign a lawfully acquired license to another person, or to use another person's lawfully acquired license. A person who violates this subsection (7) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points, and licenses so used are void.

(8) It is unlawful for any person born on or after January 1, 1949, to purchase or obtain any hunting license, hunt, or trap unless the person produces a hunter education certificate issued by the division, attesting to the person's successful completion of a division certified hunter education course taught by a division certified instructor which totals not less than ten hours of instruction. Any person required to obtain such a certificate shall have the certificate on his or her person while hunting, trapping, or taking wildlife. For the purposes of this subsection (8), the division shall recognize, in addition to Colorado hunter education certificates issued on or after January 1, 1985, those Colorado hunter education certificates issued prior to January 1, 1985, and any valid temporary hunter education certificate issued by the division, and the division may recognize the hunter education programs of other states or countries as being sufficient for the purposes of purchasing a hunting license in Colorado. Any person who violates this subsection (8) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of ten license suspension points.

(9) For the purposes of this section, any person, any member of such person's family, or any employee of the person may hunt, trap, or take black-billed magpies, common crows, starlings, English or house sparrows, common pigeons, coyotes, bobcats, red foxes, raccoons, jackrabbits, badgers, marmots, prairie dogs, pocket gophers, Richardson's ground squirrels, rock squirrels, thirteen-lined ground squirrels, porcupines, crayfish, tiger salamanders, muskrats, beavers, exotic wildlife, and common snapping turtles on lands owned or leased by the person without securing licenses to do so, but only when such wildlife is causing damage to crops, real or personal property, or livestock. Any person may kill skunks or rattlesnakes when necessary to protect life or property. The pelts or hides of any mammals taken under this subsection (9) may be transferred, possessed, traded, bartered, or sold by a person who holds an appropriate small game license.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1989, H.B.1187, § 6, eff. April 12, 1989; Laws 1994, S.B.94-66, § 4, eff. May 22, 1994; Laws 1994, S.B.94-137, § 11, eff. May 31, 1994; Laws 1995, H.B.95-1212, § 67, eff. May 31, 1995; Laws 2003, Ch. 144, §§ 2, 9 eff. July 1, 2003; Laws 2003, Ch. 305, § 5, eff. May 22, 2003.

 

§ 33-6-108. Possession as prima facie evidence

The possession of wildlife shall be prima facie evidence that the person having such possession is engaged or has been engaged in hunting, fishing, or trapping.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985.

 

§ 33-6-109. Wildlife--illegal possession

(1) It is unlawful for any person to hunt, take, or have in such person's possession any wildlife that is the property of this state as provided in section 33-1-101, except as permitted by articles 1 to 6 of this title or by rule or regulation of the commission.

(2) It is unlawful for any person to have in his possession in Colorado any wildlife, as defined by the state or country of origin, that was acquired, taken, or transported from such state or country in violation of the laws or regulations thereof.

(2.5) This section does not apply to the illegal possession of live native or nonnative fish or viable gametes (eggs or sperm) which is governed by section 33-6-114.5.

(3) A person who violates subsection (1) or (2) of this section is guilty of a misdemeanor and, depending upon the wildlife involved, shall be punished upon conviction by a fine or imprisonment, or both, and license suspension points or suspension or revocation of license privileges as follows:

(a) For each animal listed as endangered or threatened, a fine of not less than two thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or by both such fine and such imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all license privileges of the person for a period of from one year to life.

(b) For each bald eagle, golden eagle, rocky mountain goat, desert bighorn sheep, American peregrine falcon, or rocky mountain bighorn sheep, a fine of not less than one thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or both such fine and such imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all license privileges of the person for a period of one year to life. A person who possesses all or a part of a bald eagle or golden eagle shall not be in violation of this section if the possession is authorized by 50 CFR part 22.

(c) For each elk, bear, moose, or mountain lion, a fine of one thousand dollars and an assessment of fifteen points.

(d) For each pronghorn, deer, or big game species as defined in the state or country of origin and not listed in paragraph (a), (b), or (c) of this subsection (3), a fine of seven hundred dollars and an assessment of fifteen points.

(e) For each violation of paragraph (c) or (d) of this subsection (3) where any combination of three or more animals are taken or possessed, a minimum fine per animal as set forth in such paragraphs, to a maximum of ten thousand dollars per animal, or imprisonment for not more than one year in the county jail, or by both such fine and such imprisonment. Upon conviction, the commission may suspend any or all license privileges of the person for a period of from one year to life.

(f) For each raptor not covered by paragraph (a) or (b) of this subsection (3) and for each wild turkey, a fine of two hundred dollars and an assessment of ten points.

(g) For all fish, mollusks, crustaceans, amphibians, or reptiles not covered by paragraph (a) of this subsection (3), a fine of thirty-five dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of ten dollars per animal and an additional assessment of one point per animal.

(h) For any wildlife not covered by paragraphs (a) to (g) of this subsection (3), a fine of fifty dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of twenty-five dollars per animal and an additional assessment of five points per animal.

(3.4)(a) In addition to the criminal penalties listed in subsection (3) of this section, there shall be assessed a further penalty in the following amount for each of the following big game animals illegally taken:

(I) For each bull elk with at least six points on one antler beam, ten thousand dollars;

(II) For each mule deer buck with an inside antler spread of at least twenty-two inches, ten thousand dollars;

(III) For each whitetail deer buck with an inside antler spread of at least eighteen inches, ten thousand dollars;

(IV) For each bull moose, ten thousand dollars;

(V) For each bighorn sheep with a horn length of at least one-half curl, twenty-five thousand dollars;

(VI) For each mountain goat, ten thousand dollars;

(VII) For each pronghorn antelope with a horn length of at least fourteen inches, four thousand dollars.

(b)(I) Notwithstanding the provisions of section 24-4.2-104(1)(b)(II), C.R.S., no victims and witnesses assistance and law enforcement fund surcharge shall be levied against the additional amount of the penalty imposed under this subsection (3.4). The victims and witnesses assistance and law enforcement fund surcharge shall only be levied against the amount of the fine imposed under subsection (3) of this section.

(II) Notwithstanding the provisions of section 33-6-105, all moneys collected as additional penalties under this subsection (3.4) shall be transmitted to the state treasurer, who shall credit such moneys to the Colorado town, city, county, or city and county where the arrest for the offense was made or the citation for the offense was issued. Such additional penalties may be used to further law enforcement or wildlife related programs.

(4) It is unlawful for any person to have in his possession in Colorado any nonnative or exotic wildlife except in accordance with the rules and regulations of the commission. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars nor more than one thousand dollars. In addition, such person shall be assessed ten suspension points per incident for possessing an animal on the prohibited species list and five suspension points per incident for possessing any other nonnative or exotic wildlife species.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1990, S.B.90-67, § 4, eff. July 1, 1990; Laws 1990, S.B.90-137, § 3, eff. July 1, 1990; Laws 1994, S.B.94-137, § 12, eff. May 31, 1994; Laws 1998, Ch. 167, § 1, eff. April 22, 1998; Laws 2003, Ch. 305, § 6, eff. May 22, 2003; Laws 2005, Ch. 136, § 10, eff. Jan. 1, 2006; Laws 2008, Ch. 88, § 1, eff. July 1, 2008.

 

§ 33-6-110. Division action to recover possession and value of wildlife unlawfully taken

(1) The division may bring and maintain a civil action against any person, in the name of the people of the state, to recover possession or value or both possession and value of any wildlife taken in violation of articles 1 to 6 of this title. A writ of replevin may issue in such an action without bond. No previous demand for possession shall be necessary. If costs or damages are adjudged in favor of the defendant, the same shall be paid out of the wildlife cash fund. Neither the pendency of such civil action nor a criminal prosecution for the same taking shall be a bar to the other; nor shall anything in this section affect the right of seizure under other provisions of articles 1 to 6 of this title. The following shall be considered the minimum value of the wildlife unlawfully taken or possessed and may be recovered in addition to recovery of possession of the wildlife:

(a) For each eagle, member of an endangered species, rocky mountain goat, moose, rocky mountain bighorn sheep, or lynx $1,000
(b) For each elk or member of a threatened species or subspecies $ 700
(c) For each pronghorn, deer, black bear, or mountain lion $ 500
(d) For each raptor not covered by paragraph (a) or (b) of this subsection (1) and each wild turkey $ 200
(e) For each member of nongame or small game species or subspecies not covered by paragraph (a) or (b) of this subsection (1) $ 100
(f) For each game fish not covered by paragraph (a) or (b) of this subsection (1) $ 35

(2) No verdict or judgment recovered by the state in such an action shall be for a sum less than the sum fixed in this section but may be for such greater sum as the evidence may show the value of the wildlife to have been when living and uninjured.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 2005, Ch. 136, § 11, eff. Jan. 1, 2006.


§ 33-6-111. Inspection of license and wildlife--check stations--failure to tag--eluding an officer

(1) Any person who hunts, traps, fishes, or possesses wildlife for any purpose shall produce all applicable licenses issued to him by the division, all firearms, all records required to be maintained by articles 1 to 6 of this title or by any rule or regulation of the commission, all wildlife, and any personal identification documents when requested to do so by a district wildlife manager or other peace officer, as defined in section 33-1-102(32) empowered to enforce articles 1 to 6 of this title. Any person who refuses to permit inspection of such personal identification documents, licenses, firearms, records, or wildlife is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of five license suspension points.

(2) The division is authorized to establish check stations, as needed, at locations within the state to aid in the management of wildlife and the enforcement of articles 1 to 6 of this title and the rules or regulations of the commission. Persons who encounter check stations, whether in possession of wildlife or not, shall stop and produce licenses issued by the division, firearms, and wildlife for inspection by division personnel. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points.

(3) Any person who fails to void his license or carcass tag as required by commission rule or regulation is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of ten license suspension points.

(4) It is unlawful for any person to elude or attempt to elude by any means a Colorado wildlife officer or other peace officer after having received a visual or audible signal such as a red or red and blue light, siren, or voice command directing him to stop. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars and an assessment of ten license suspension points. In addition, the court shall require the person to pay for any damages caused to any public or private real or personal property damaged while eluding an officer.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 2003, Ch. 242, § 69, eff. Aug. 6, 2003.

 

§ 33-6-112. Evidence of wildlife sex and species

The commission may establish by rules or regulations requirements for preserving the evidence of sex or species or both sex and species of wildlife taken under the provisions of articles 1 to 6 of this title. It is unlawful for any person to possess any wildlife or considerable portion thereof in violation of such rules or regulations. For the purposes of this section, the evidence of species or sex may be one or more of the following: Head, antlers, horns, testes, scrotum, udder, spurred leg, wing, skin, or plumage in sufficient amount to allow the evidence of species or sex to be determined by ordinary inspection. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to big game, be punished by a fine of one hundred dollars and an assessment of ten license suspension points or shall, with respect to all other wildlife, be punished by a fine of fifty dollars and an assessment of five license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985.

 

§ 33-6-113. Illegal sale of wildlife

(1)(a) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, it is unlawful for any person to knowingly sell or purchase, or knowingly offer for sale or purchase, wildlife or to solicit another person in the illegal hunting or taking of wildlife for the purposes of monetary or commercial gain or profit.

(b) For the purposes of this section, it is deemed to be a sale of wildlife if a person, for monetary or other consideration, provides unregistered outfitting services as defined in article 55.5 of title 12, C.R. S.

(2) Any person who violates this section:

(a) With respect to big game, endangered species, or eagles, commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S. Upon such conviction, the commission may suspend any or all wildlife license privileges of the person for a minimum of one year to life.

(b) With respect to all other wildlife, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1985, H.B.1116, § 11, eff. July 1, 1985; Laws 1994, S.B.94-137, § 13, eff. May 31, 1994; Laws 2002, Ch. 318, § 294, eff. Oct. 1, 2002; Laws 2008, Ch. 159, § 1, eff. Aug. 5, 2008.

 

§ 33-6-113.5. Illegal businesses on division property

(1) It is unlawful to provide goods or services for compensation on property owned or managed by the division unless permitted by commission rule.

(2) A person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points.

CREDIT(S)

Added by Laws 2003, Ch. 144, § 12, eff. July 1, 2003.

 

§ 33-6-114. Transportation, importation, exportation, and release of wildlife

(1) It is unlawful for any person to transport or to export any wildlife or portion thereof within or from this state except in accordance with the rules or regulations of the commission.

(2) It is unlawful for any person to import any live wildlife into this state unless an importation license is obtained prior to importation, a current and valid health certificate accompanies each shipment, and such importation is in accordance with the rules and regulations of the commission.

(3) It is unlawful for any person to release, or knowingly allow the escape of, any live native or nonnative or exotic wildlife in Colorado except in accordance with the rules and regulations of the commission.

(3.5) This section does not apply to the transportation, importation, exportation, and release of live native or nonnative fish or viable gametes (eggs and sperm) which are governed by section 33-6-114.5.

(4) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars for violations involving native wildlife and by a fine of not less than two hundred fifty dollars nor more than one thousand dollars for violations involving nonnative or exotic wildlife. In addition, for violations involving either native wildlife or nonnative or exotic wildlife, five license suspension points per incident may be assessed by the division against an individual's license privileges.

(5) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1990, S.B.90-67, § 5, eff. July 1, 1990; Laws 1990, S.B.90-137, § 4, eff. July 1, 1990; Laws 2008, Ch. 340, § 3, eff. May 29, 2008.

 

§ 33-6-114.5. Native and nonnative fish--possession, transportation, importation, exportation, and release--penalties

(1) It is unlawful for any person to possess, transport, import, or export any live native or nonnative fish or viable gametes (eggs or sperm) except in accordance with the rules and regulations of the commission.

(2) It is unlawful for any person to possess live native or nonnative fish or viable gametes (eggs or sperm) which are infected with any disease designated by rule and regulation of the commission as a disease detrimental to existing fish populations or habitats unless the division is notified within two business days after the discovery of the presence of such a disease.

(3) It is unlawful for any person to possess live native or nonnative fish or viable gametes (eggs or sperm) which are of a species designated by rule and regulation of the commission as detrimental to existing fish populations or habitats.

(4) It is unlawful for any person to import any live native or nonnative fish or viable gametes (eggs or sperm) into this state unless, in accordance with the rules and regulations of the commission, both a current and valid importation license and health certificate are obtained prior to importation.

(5) It is unlawful for any person to release any live native or nonnative fish or viable gametes (eggs or sperm) in this state except in accordance with the rules and regulations of the commission.

(6) It is unlawful for any person to transport, import, export, or release any live native or nonnative fish or viable gametes (eggs or sperm) in violation of any quarantine order or disposition plan issued in accordance with any provisions of articles 1 to 6 of this title or any rule or regulation of the commission.

(7)(a) Any person who violates subsection (2), (3), or (4) of this section is guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars.

(b) Any person who violates subsection (5) or (6) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars. Such person is liable for all damages and costs associated with such unlawful release, including, but not limited to, the costs of eradication or removal.

(c) Repealed by Laws 2003, Ch. 305, § 7, eff. May 22, 2003.

(8) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title.

CREDIT(S)

Added by Laws 1990, S.B.90-67, § 6, eff. July 1, 1990. Amended by Laws 1991, H.B.91-1270, § 5, eff. June 7, 1991; Laws 2003, Ch. 305, § 7, eff. May 22, 2003; Laws 2008, Ch. 340, § 4, eff. May 29, 2008.

 

§ 33-6-115. Theft of wildlife--tampering with trap

(1) It is unlawful for any person to take from another person, without his permission, any wildlife lawfully acquired and possessed by him. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars and an assessment of twenty license suspension points. Any person having wildlife taken from him unlawfully as prohibited in this subsection (1) shall be entitled to compensation as ordered by the court.

(2) It is unlawful for any person to interfere with, disturb, remove, or otherwise tamper with any trap, snare, or other device that has been legally set. Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of ten license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985.

 

§ 33-6-115.5. Hunting, trapping, and fishing--intentional interference with lawful activities

(1) No person shall willfully prevent or interfere with the lawful participation of any individual in the activity of hunting, trapping, or fishing in accordance with this article.

(2) A person commits intentional interference with lawful hunting, trapping, and fishing activities if he:

(a) Acts with intent to alarm, distract, or frighten prey and causes prey to flee by:

(I) Use of any natural or artificial source of noise or light;

(II) Giving chase to prey on foot or by use of any vehicle;

(III) Throwing objects or making movements;

(b) Intentionally harasses any person lawfully participating in the activity of hunting, trapping, and fishing by use of threats or actions;

(c) Erects barriers with the intent to deny ingress to lawfully designated hunting, trapping, and fishing areas;

(d) Intentionally interjects himself into the line of fire;

(e) Engages in any other conduct with the intent to disrupt or prevent lawful hunting, trapping, and fishing activities.

(3) Any person who violates this section commits a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars and an assessment of twenty license suspension points.

(4) Any person convicted of a violation of this section shall be liable for all damages incurred by the individual whose lawful activity was obstructed and for all court costs of prosecution.

(5) Nothing in this section shall limit the actions of law enforcement officers and personnel of the division of wildlife in the performance of their official duties nor apply to landowners, tenants, or leaseholders exercising their legal rights to the enjoyment of land, including, but not limited to, farming, ranching, and restricting trespass, nor will anything in this section be construed to prohibit any incidental interference arising from the lawful use of land or water.

CREDIT(S)

Added by Laws 1988, H.B.1166, § 1, eff. July 1, 1988. Amended by Laws 1995, H.B.95-1212, § 50, eff. May 31, 1995; Laws 2003, Ch. 305, § 8, eff. May 22, 2003.

 

§ 33-6-116. Hunting, trapping, or fishing on private property--posting public lands

(1) It is unlawful for any person to enter upon privately owned land or lands under the control of the state board of land commissioners to hunt or take any wildlife by hunting, trapping, or fishing without first obtaining permission from the owner or person in possession of such land.

(2) It is unlawful for any person to post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands.

(3) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of twenty license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1987, H.B.1037, § 1, eff. July 1, 1987; Laws 1994, S.B.94-137, § 14, eff. May 31, 1994.

 

§ 33-6-117. Willful destruction of wildlife--legislative intent

(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, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and an assessment of 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.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1985, H.B.1116, § 12, eff. July 1, 1985, 19; Laws 1994, S.B.94-137, § 15, eff. May 31, 1994; Laws 2002, Ch. 318, § 295, eff. Oct. 1, 2002; Laws 2003, Ch. 144, § 3, eff. July 1, 2003; Laws 2008, Ch. 159, § 2, eff. Aug. 5, 2008.

 

§ 33-6-118. Killing of big game animals in contest prohibited

It is unlawful for any person to advertise, conduct or offer to conduct, or otherwise promote or participate in any contest or competition involving two or more persons and the monetary payment or awarding of any other prize when the object of the contest or competition involves the killing of any big game or the display for comparison of any big game or any part thereof. Certificates issued by organizations solely for registration and recognition of animals legally taken are not prohibited. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of five hundred dollars and an assessment of twenty license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985.

 

§ 33-6-119. Pursuit of wounded game--waste of edible game wildlife--use of wildlife as bait

(1)(a) Except as provided in section 33-6-116(1), it is unlawful for a person who shoots at, wounds, or may have wounded game wildlife to fail to make a reasonable attempt to locate the game wildlife suspected of injury and take it into his or her possession. A person who violates this paragraph (a) is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to big game, be punished by a fine of one hundred dollars and an assessment of fifteen license suspension points or shall, with respect to small game, be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.

(b) If wounded game goes onto private property, the person who wounded the game shall make a reasonable attempt to contact the landowner or person in charge of such land before pursuing the wounded game.

(c) If the hunter is unaware of the location of wildlife after shooting at it, failing to go immediately to the location of such wildlife when the shot was fired is not a reasonable attempt to locate game.

(2) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, it is unlawful for a person to fail to reasonably attempt to dress or care for and provide for human consumption the edible portions of game wildlife. A person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to big game, be punished by a fine of three hundred dollars and an assessment of fifteen license suspension points or shall, with respect to all other game wildlife, be punished by a fine of one hundred dollars and an assessment of ten license suspension points.

(3) It is unlawful for any person to use wildlife as bait unless otherwise provided by rule or regulation of the commission. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 2003, Ch. 144, § 10, eff. July 1, 2003.

 

§ 33-6-120. Hunting, trapping, or fishing out of season or in a closed area

(1) It is unlawful for any person to fish, trap, hunt, or take any wildlife outside of the season established by or in an area closed by commission rule. Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine and an assessment of license suspension points as follows:

(a) For each incident that is not related to the hunting or taking of a big game animal, the fine shall be equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed;

(b) For the hunting or taking of big game, fifteen license suspension points and a fine that is equal to twice the cost of the most expensive license for such species shall be assessed.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1994, S.B.94-137, § 16, eff. May 31, 1994; Laws 2003, Ch. 305, § 9, eff. May 22, 2003.

 

§ 33-6-121. Hunters to wear daylight fluorescent orange garments

(1) Unless otherwise provided by commission rule, it is unlawful for any person to hunt or take elk, deer, pronghorn, moose, or black bear with any firearm unless such person is wearing daylight fluorescent orange garments that meet the following requirements:

(a) Garments shall be solid daylight fluorescent orange colored material and shall be of sufficient brightness to be seen conspicuously from a reasonable distance.

(b) Garments shall be a minimum of five hundred square inches and shall be worn as an outer garment above the waist, part of which shall be a hat or head covering visible from all directions.

(2) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of five license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1994, S.B.94-137, § 17, eff. May 31, 1994; Laws 2003, Ch. 144, § 11, eff. July 1, 2003; Laws 2005, Ch. 136, § 12, eff. Jan. 1, 2006.

 

§ 33-6-122. Hunting in a careless manner

It is unlawful for any person to hunt or take wildlife in a careless manner or to discharge a firearm or release an arrow in a careless manner which endangers human life or property. For the purposes of this section, “careless” means failing to exercise the degree of reasonable care that would be exercised by a person of ordinary prudence under all the existing circumstances in consideration of the probable danger of injury or damage. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for up to one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1994, S.B.94-137, § 18, eff. May 31, 1994.

 

§ 33-6-123. Hunting under the influence

It is unlawful for any person who is under the influence of alcohol or any controlled substance, as defined in section 18-18-102(5), C.R.S., or any other drug to a degree that renders such person incapable of safely operating a firearm or bow and arrow to hunt or take any wildlife in this state. The fact that any person charged with a violation of this section is or has been entitled to use such controlled substance or drug under the laws of this state shall not constitute a defense against any charge of violating this section. For the purposes of this section, being under the influence of any drug shall include the use of glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points.

Credits

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1994, S.B.94-137, § 19, eff. May 31, 1994; Laws 2012, Ch. 281, § 81, eff. July 1, 2012.

 

§ 33-6-124. Use of a motor vehicle or aircraft--rules--repeal

(1)(a) Unless otherwise permitted by commission rule, it is unlawful for a person to hunt, take, or harass wildlife from or with a motor vehicle. A person who violates this paragraph (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of ten license suspension points.

(b) Unless otherwise permitted by commission rule, it is unlawful for any person to discharge a firearm or release an arrow from a motor vehicle with the intent to take wildlife. A person who violates this paragraph (b) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of ten license suspension points.

(2) It is unlawful for any person airborne in any aircraft to spot or locate any wildlife and communicate its location to a person on the ground as an aid to hunting or pursuing wildlife; and it is unlawful for such airborne person or person on the ground receiving such communication to pursue, hunt, or take game on the same day or the day following such flight. A person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two thousand dollars and an assessment of fifteen license suspension points.

(3) It is unlawful for two or more people on the ground, in a motor vehicle, or in a vessel to use electronic devices to communicate information in the furtherance of a violation of articles 1 to 6 of this title or of a commission rule. A person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points.

(4) A person who violates section 33-14.5-108(3)(a) while engaged in the act of hunting, fishing, trapping, or a related activity at the time of the unlawful activity shall be punished by a penalty of ten license suspension points; except that, if the person was within a federal wilderness area at the time of the unlawful activity, the person shall be punished by a penalty of fifteen license suspension points. A person who violates section 33-14.5-108(3)(b) while engaged in the act of hunting, fishing, or trapping or a related activity at the time of the unlawful activity shall be punished by a penalty of five license suspension points.

Credits

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1994, S.B.94-137, § 20, eff. May 31, 1994; Laws 2003, Ch. 144, § 4, eff. July 1, 2003; Laws 2008, Ch. 54, § 2, eff. July 1, 2008; Laws 2013, Ch. 106, § 1, eff. April 4, 2013.

 

§ 33-6-125. Possession of a loaded firearm in a motor vehicle

It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102(32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a “muzzle-loader” shall be considered unloaded if it is not primed, and, for such purpose, “primed” means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985.

 

§ 33-6-126. Shooting from a public road

It is unlawful for any person, except a duly authorized peace officer acting in the line of duty, to discharge any firearm or release an arrow from, upon, or across any public road. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of five license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985.

 

§ 33-6-127. Hunting with artificial light, night vision, or thermal imaging devices

(1)(a) Unless otherwise provided by commission rule and except as provided in section 33-6-107(9) for persons owning or leasing land, members of their family, or their agents, it is unlawful for any person to utilize any artificial light as an aid in hunting or taking any wildlife. For the purposes of this subsection (1), the possession of any firearm with cartridges in the chamber or magazine or loaded with powder and ball or a strung bow, unless the bow is cased, while attempting to project any artificial light into areas where wildlife may be found is prima facie evidence of a violation of this section.

(b) A person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of twenty license suspension points.

(2)(a) Unless otherwise provided by commission rule and except as provided in section 33-6-107(9) for persons owning or leasing land, members of their family, or their agents, it is unlawful for a person to utilize electronic night vision equipment, electronically enhanced light-gathering optics, or thermal imaging devices as an aid in hunting or taking wildlife outside legal hunting hours according to commission rules.

(b) A person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of two thousand dollars and an assessment of twenty license suspension points.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1994, S.B.94-137, § 21, eff. May 31, 1994; Laws 2003, Ch. 144, § 5, eff. July 1, 2003.

 

§ 33-6-128. Damage or destruction of dens or nests--harassment of wildlife

(1) Unless permitted by the division, it is unlawful for any person to willfully damage or destroy any wildlife den or nest or their eggs or to harass any wildlife. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points. For the purposes of this subsection (1), nothing shall prohibit the removal of wildlife dens or nests when necessary to prevent damage to property or livestock or while trapping.

(2) Unless otherwise allowed by commission rule or regulation, it is unlawful for any person to knowingly or negligently allow or direct a dog which he owns or which is under his control to harass wildlife, whether or not the wildlife is actually injured by such dog. Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars.

(3) A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. The provisions of this subsection (3) shall not apply to dogs that are under the direct personal control of a person.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 2003, Ch. 242, § 70, eff. Aug. 6, 2003.

 

§ 33-6-129. Damage to property or habitat under division control

(1) It is unlawful for any person to remove, damage, deface, or destroy any real or personal property or wildlife habitat under the control of the division. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. In addition, the court may require the defendant to reimburse the division for any damages.

(2) It is unlawful for any person to use any division property in violation of any commission rule or regulation. Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985.

 

§ 33-6-130. Explosives, toxicants, and poisons not to be used

(1) Unless permitted by law or by the division, it is unlawful for any person to use toxicants, poisons, drugs, dynamite, explosives, or any stupefying substances for the purpose of hunting, taking, or harassing any wildlife. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of twenty license suspension points.

(2) The division shall cooperate with the department of agriculture in developing policies and procedures for the issuance by said department of permits for the use of poison by livestock owners or operators.

CREDIT(S)

Repealed and reenacted by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985. Amended by Laws 1994, S.B.94-137, § 22, eff. May 31, 1994.

 


§ 33-6-131. Knowingly luring bears

(1) Unless otherwise permitted by commission rule, it is unlawful for any person to place food or edible waste in the open with the intent of luring a wild bear to such food or edible waste.

(2)(a) This section shall not apply to acts related to agriculture, as defined in section 35-1-102(1), C.R.S.

(b) For the purposes of this section, “food or edible waste” shall not include live animals or food that is grown in the open prior to such food being harvested.

(3) Any person who violates this section shall be given a warning. Upon a second or subsequent violation of this section, such person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed:

(a) One hundred dollars for a first offense;

(b) Five hundred dollars for a second offense;

(c) One thousand dollars for a third or subsequent offense.

CREDIT(S)

Added by Laws 2003, Ch. 407, § 1, eff. June 5, 2003.

 

§ 33-6-132. Computer-assisted remote hunting prohibited

(1) It is unlawful for any person to engage in computer-assisted remote hunting in Colorado. This subsection (1) shall apply if either the wildlife hunted or any device, equipment, or software, including, without limitation, the person's own computer, used to remotely control the weapon is located in Colorado.

(2) It is unlawful for any person to establish or operate computer-assisted remote hunting facilities in Colorado.

(3) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof:

(a) For a first offense, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars and an assessment of twenty license points;

(b) For any subsequent offenses, shall be punished by a fine of not less than ten thousand dollars nor more than one hundred thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. In addition to imposing such punishments, the commission may suspend any wildlife privileges of the person for a minimum of one year to a maximum of a lifetime suspension.

(4) This section shall not apply to persons who provide only:

(a) General-purpose equipment, including computers, cameras, and fencing and building materials;

(b) General-purpose computer software, including operating systems and communication programs; or

(c) General-purpose telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with internet access.

(5) Nothing in this section shall preclude the division of wildlife from establishing a special licensing program for mobility-impaired hunters pursuant to section 33-4-119 and rules adopted pursuant to section 33-4-119 or from granting reasonable accommodations for persons with disabilities in accordance with the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq.

CREDIT(S)

Added by Laws 2008, Ch. 89, § 2, eff. Aug. 5, 2008.

 

§§ 33-6-133 to 33-6-142. Repealed by Laws 1984, S.B.78, § 1, eff. Jan. 1, 1985

 



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