9.904 — PROTECTED SPECIES
Violations of "Statute 9.904" results in an Class C Felony
(a) Definitions
Protected species refer to wildlife species that are legally safeguarded under federal, state, or local laws due to their endangered, threatened, or vulnerable status. These species are provided protection to prevent their extinction, and any hunting, capturing, or harming of these species is strictly regulated or prohibited.
Types of Protected Species
Endangered Species: Animals at risk of extinction, such as the San Andreas condor.
Threatened Species: Animals likely to become endangered if not protected, such as certain species of turtles.
(b) Elements
The following elements must be met to constitute an offense related to protected species:
The defendant hunted, captured, or harmed a species classified as protected.
The protected species was in a location where hunting or harm is prohibited.
The offense involved direct or indirect harm to the protected species.
(c) Defenses
Defenses against this charge may include:
It shall be a defense if the defendant can prove that the species was misidentified and not actually a protected species.
Evidence that the defendant acted under a valid permit or in compliance with special regulations for handling protected species may also serve as a defense.
(d) Aggravating Factors
When determining the severity of the offense, the following aggravating factors may be considered:
Aggravating factors such as repeated offenses, significant harm to populations of protected species, or commercial exploitation may result in increased penalties or additional charges as determined by the court.
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