9.907 — POACHING

Violations of "Statute 9.907" results in an Class F Felony

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(a) Definitions

Poaching refers to the illegal hunting, capturing, or killing of wildlife in violation of state laws or regulations. This includes hunting without a license, hunting protected or endangered species, hunting during closed seasons, using prohibited methods of hunting, or trespassing on private or protected land to hunt.

• Poaching: The act of illegally hunting or capturing wildlife without regard for hunting laws or regulations. This can include hunting endangered species, hunting without proper permits, or hunting in restricted areas.

• Endangered Species: Species that are at risk of extinction due to human activity, habitat loss, or other factors. These species are protected by law, and poaching them is a serious violation.

• Closed Season: A period of time during which hunting of specific animals is prohibited to allow for breeding and population recovery.

(b) Elements

To establish the offense of poaching, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant knowingly engaged in hunting or capturing wildlife.

• The defendant did so without the necessary permits or licenses, or during a closed season, or in violation of other applicable laws (e.g., hunting protected species).

• The defendant was aware or should have been aware that the hunting activity was prohibited in the area or for the species targeted.

• The defendant used illegal methods of hunting, such as traps, poison, or illegal firearms, to capture or kill wildlife.

(c) Defenses

Defenses against a charge of poaching may include:

• The defendant had a valid hunting license or permit for the area or species in question, which was either not recognized or improperly challenged by authorities.

• The defendant was not aware that they were hunting protected or endangered species due to inadequate signage or misidentification of the species.

• The defendant was hunting in a legitimate area and unintentionally violated regulations due to confusion over boundaries or permitted hunting seasons.

• The defendant can prove that the hunting activity was done in self-defense or in a manner that was not harmful to wildlife.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The poaching involved endangered or protected species, significantly contributing to the decline of that species’ population.

• The defendant engaged in poaching activities repeatedly or as part of a larger illegal operation.

• The defendant’s poaching activities caused significant harm to the environment, wildlife populations, or ecosystems.

• The defendant was found in possession of illegal hunting tools, such as traps, poisons, or prohibited firearms, used to capture or kill wildlife.