Knowingly capturing, killing, or possessing for profit, or selling, bartering, purchasing or offering to do so as well as the shipping or transportation of wildlife constitutes the commercialization of wildlife. The possession of listed wildlife for commercial purposes is considered a "nonperson" misdemeanor or felony depending on whether the aggregate value is greater than $1000. Commerce in protected wildlife (including eagles) incurs at least the minimum fine and may also result in the confiscation of equipment, license sanctions, and restitution.
(c) Possession of wildlife, in whole or in part, captured or killed in violation of law and having an aggregate value of $1,000 or more, as specified in subsection (b), is prima facie evidence of possession for profit or commercial purposes.
(d) Commercialization of wildlife having an aggregate value of $1,000 or more, as specified in subsection (b), is a severity level 10, nonperson felony. Commercialization of wildlife having an aggregate value of less than $1,000, as specified in subsection (b), is a class A nonperson misdemeanor.
(e) In addition to any other penalty provided by law, a court convicting a person of the crime of commercialization of wildlife may:
(1) Confiscate all equipment used in the commission of the crime and may revoke for a period of up to 20 years all licenses and permits issued to the convicted person by the Kansas department of wildlife and parks; and
(f) The provisions of this section shall apply only to wildlife illegally harvested and possessed by any person having actual knowledge that such wildlife was illegally harvested.
Laws 1989, ch. 85, § 1; Laws 1994, ch. 291, § 67; Laws 2003, ch. 121, § 3; Laws 2004, ch. 130, § 2; Laws 2006, ch. 194, § 26; Laws 2007, ch. 144, § 2, eff. July 1, 2007; Laws 2012, ch. 47, § 58, eff. July 1, 2012; Laws 2012, ch. 154, § 8, eff. Jan. 1, 2013.