Sec. 2.36a. Value of protected species; violations.

738 words·~3 min read·/il/chapter-520/act-5/2-36a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person commits a Class 3 felony if the person, for profit or commercial purposes, knowingly captures or kills, possesses, offers for sale, sells, offers to barter, barters, offers to purchase, purchases, delivers for shipment, ships, exports, imports, causes to be shipped, exported, or imported, delivers for transportation, transports or causes to be transported, carries or causes to be carried, or receives for shipment, transportation, carriage, or export any animal or part of animal of the species protected by this Act, contrary to the provisions of this Act, and such animals, in whole or in part, are

(1)valued at or in excess of a total of $500, as per specie value specified in paragraph (3), (4), (5), (6), (7), or

(8)of subsection

(c)of this Section, or

(2)valued at or in excess of a total of $3,000 as per specie value specified in paragraph (1), (2), or

(9)of subsection

(c)or subsection (d).

(a-5) A person shall be guilty of a Class 4 felony if convicted under this Section for more than one violation of subsection

(a)where the offenses occurred on different days and within a 90-day period and:

(1)where the animals as per specie value specified in paragraph (3), (4), (5), (6),

(7), or

(8)of subsection

(c)of this Section of each violation are not valued at or in excess of $500, but the total value of the animals from the multiple violations is at or in excess of $500; or

(2)where the animals as per specie value specified in paragraph (1), (2), or

(9)of

subsection

(c)or subsection

(d)of this Section of each violation are not valued at or in excess of $3,000, but the total value of the animals from the multiple violations is at or in excess of $3,000.

The prosecution for a Class 4 felony for these multiple violations must be alleged in a single charge or indictment and brought in a single prosecution.

(b)Possession of animals, in whole or in part, captured or killed in violation of this Act, valued at or in excess of $500, as per specie value specified in paragraph (3), (4), (5), (6), (7), or

(8)of subsection

(c)of this Section, shall be considered prima facie evidence of possession for profit or commercial purposes. Possession of animals, in whole or in part, captured or killed in violation of this Act, valued at or in excess of $3,000 as per specie value specified in subsection

(c)or $700 as specified in subsection

(d)of this Section, shall be considered prima facie evidence of possession for profit or commercial purposes.

(c)For purposes of this Section, the fair market value or replacement cost, whichever is greater, shall be used to determine the value of the species protected by this Act, but in no case shall the minimum value of all species protected by this Act be less than as follows:

(1)Eagle, $1,000;

(2)Whitetail deer, $1,000, subject to any additional value for antlered whitetail deer

as indicated in subsection (d), and wild turkey, $500;

(3)Fur-bearing mammals, $50;

(4)Game birds (except the wild turkey) and migratory game birds (except Trumpeter

swans), $50;

(5)Owls, hawks, falcons, kites, harriers, and ospreys, and other birds of prey, $250;

(6)Game mammals (except whitetail deer), $50;

(7)Other mammals, $100;

(8)Resident and migratory non-game birds (except birds of prey), $100;

(9)Trumpeter swans, $1,000.

(d)In this subsection (d), "point" means a projection on the antler of a whitetail antlered deer that is at least one-inch long as measured from the tip to the nearest edge of antler beam and the length of which exceeds the length of its base. A person who possesses whitetail antlered deer, in whole or in part, captured or killed in violation of this Act, shall pay restitution to the Department in the amount of $1,000 per whitetail antlered deer and an additional $500 per antler point for each whitetail antlered deer with at least 8 but not more than 10 antler points. For whitetail antlered deer with 11 or more antler points, restitution of $1,000 shall be paid to the Department per whitetail antlered deer plus $750 per antler point. The restitution amount listed in this subsection

(d)shall be the fair market value of an antlered whitetail deer for purposes of this Section.