Full Statute Name:  Title 23a. Wildlife Resources Act. Chapter 5. Enforcement and Violations. Part 3. Violations. § 23A-5-312. Restitution--Disposition of money

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Primary Citation:  U.C.A. 1953 § 23A-5-312 (formerly cited as U.C.A. 1953 § 23-20-4.5) Country of Origin:  United States Last Checked:  February, 2024 Alternate Citation:  UT ST § 23A-5-312 (formerly cited as UT ST § 23-20-4.5) Date Adopted:  1992 Historical: 
Summary: This statute lists the restitution amounts for the illegal killing of certain species (including bald and golden eagles) of wildlife, with enhanced monetary penalties for "trophy" animals. These funds are used in educational and wildlife enforcement activities by the state.

(1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton destruction of protected wildlife, other than a trophy animal, the court may order the defendant to pay restitution:

(a) as set forth in Subsection (2); or

(b) in a greater or lesser amount than the amount established in Subsection (2).

(2) Suggested minimum restitution values for protected wildlife are as follows:

(a) $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;

(b) $750 per animal for:

(i) elk; or

(ii) threatened species;

(c) $500 per animal for:

(i) golden eagle;

(ii) river otter; or

(iii) gila monster;

(d) $400 per animal for:

(i) pronghorn antelope; or

(ii) deer;

(e) $350 per animal for:

(i) cougar; or

(ii) bobcat;

(f) $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;

(g) $35 per animal for furbearers, except:

(i) bobcat;

(ii) river otter; and

(iii) threatened or endangered species;

(h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, largemouth bass, smallmouth bass, and wiper;

(i) $15 per animal for game birds, except:

(i) turkey;

(ii) swan; and

(iii) sandhill crane;

(j) $10 per animal for game fish not listed in Subsection (2)(h);

(k) $8 per pound dry weight of processed brine shrimp including eggs; and

(l) $5 per animal for protected wildlife not listed.

(3) If the court finds that restitution is inappropriate or if the value imposed is less than the suggested minimum value as provided in Subsection (2), the court shall make the reasons for the decision part of the court record.

(4)(a) The court shall order a person convicted of a third degree felony under Subsection 23A-5-311(2)(a)(ii) to pay restitution in accordance with Subsection (4)(b).

(b) The minimum restitution value for a trophy animal is as follows:

(i) $30,000 per animal for bighorn, desert, or rocky mountain sheep;

(ii) $8,000 per animal for deer;

(iii) $8,000 per animal for elk;

(iv) $6,000 per animal for moose or mountain goat;

(v) $6,000 per animal for bison; and

(vi) $2,000 per animal for pronghorn antelope.

(5) Restitution paid under Subsection (4) shall be remitted to the division and deposited in the Wildlife Resources Account.

(6) The division shall use restitution money for activities and programs to help stop poaching, including:

(a) educational programs on wildlife crime prevention;

(b) acquisition and development of wildlife crime detection equipment;

(c) operation and maintenance of anti-poaching projects; and

(d) wildlife law enforcement training.

(7) If restitution is required, restitution shall be in addition to:

(a) a fine or penalty imposed for a violation of this title; and

(b) a remedial action taken to revoke or suspend a person's license, permit, tag, or certificate of registration.

(8) A judgment imposed under this section constitutes a lien when recorded in the judgment docket and shall have the same effect and is subject to the same rules as a judgment for money in a civil action.

Laws 2023, c. 103, § 134, eff. July 1, 2023.

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