Wildlife - illegal possession - penalties

Colo. Rev. Stat. § 33-6-109, under Parks and Wildlife.

Colo. Rev. Stat. § 33-6-109

(1) It is unlawful for any person to hunt, take, or have in such person's possession any wildlife that is the property of this state as provided in section 33-1-101, except as permitted by articles 1 to 6 of this title or by rule or regulation of the commission.

(2) It is unlawful for any person to have in his possession in Colorado any wildlife, as defined by the state or country of origin, that was acquired, taken, or transported from such state or country in violation of the laws or regulations thereof.

(2.5) This section does not apply to the illegal possession of live native or nonnative fish or viable gametes (eggs or sperm) which is governed by section 33-6-114.5.

(3) [Editor's note: This version of the introductory portion to subsection (3) is effective until January 1, 2026.] A person who violates subsection (1) or (2) of this section is guilty of a misdemeanor and, depending upon the wildlife involved, shall be punished upon conviction by a fine or imprisonment, or both, and license suspension points or suspension or revocation of license privileges as follows:

(3) [Editor's note: This version of the introductory portion to subsection (3) is effective January 1, 2026.] A person that violates subsection (1) or (2) of this section is guilty of a misdemeanor and, depending upon the wildlife involved, shall be punished upon conviction by a fine or imprisonment, or both, and license suspension points or suspension or revocation of license privileges as follows:

(a) [Editor's note: This version of subsection (3)(a) is effective until July 1, 2026.] For each animal listed as endangered or threatened, a fine of not less than two thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or by both such fine and such imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all license privileges of the person for a period of from one year to life.

(a) [Editor's note: This version of subsection (3)(a) is effective July 1, 2026.] For each animal listed as endangered or threatened pursuant to section 33-2-105 or the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq., a fine of not less than two thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or by both fine and imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all wildlife license privileges of the person for a period of one year to life.

(b) [Editor's note: This version of subsection (3)(b) is effective until January 1, 2026.] For each bald eagle, golden eagle, rocky mountain goat, desert bighorn sheep, American peregrine falcon, or rocky mountain bighorn sheep, a fine of not less than one thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or both such fine and such imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all license privileges of the person for a period of one year to life. A person who possesses all or a part of a bald eagle or golden eagle shall not be in violation of this section if the possession is authorized by 50 CFR 22.

(b) [Editor's note: This version of subsection (3)(b) is effective January 1, 2026, to July 1, 2026.] For each bison, bald eagle, golden eagle, rocky mountain goat, desert bighorn sheep, American peregrine falcon, or rocky mountain bighorn sheep, a fine of not less than one thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or both such fine and such imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all license privileges of the person for a period of one year to life. A person that possesses all or a part of a bald eagle or golden eagle shall not be in violation of this section if the possession is authorized by 50 CFR 22.

(b) [Editor's note: This version of subsection (3)(b) is effective July 1, 2026.]

(I) For each bison, bald eagle, golden eagle, rocky mountain goat, desert bighorn sheep, American peregrine falcon, or rocky mountain bighorn sheep or any wildlife species listed in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, a fine of not less than one thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or both fine and imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all wildlife license privileges of the person for a period of one year to life. A person that possesses all or a part of a bald eagle or golden eagle shall not be in violation of this section if the possession is authorized by 50 CFR 22.

(II) The division shall make a copy of Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora available at no cost on the division's public website and make a copy of Appendix I available for public inspection at the division's office during regular business hours.

(c) For each elk, bear, moose, or mountain lion, a fine of one thousand dollars and an assessment of fifteen points.

(d) For each pronghorn, deer, or big game species as defined in the state or country of origin and not listed in paragraph (a), (b), or (c) of this subsection (3), a fine of seven hundred dollars and an assessment of fifteen points.

(e) For each violation of paragraph (c) or (d) of this subsection (3) where any combination of three or more animals are taken or possessed, a minimum fine per animal as set forth in such paragraphs, to a maximum of ten thousand dollars per animal, or imprisonment for not more than one year in the county jail, or by both such fine and such imprisonment. Upon conviction, the commission may suspend any or all license privileges of the person for a period of one year to life.

(f) For each raptor not covered by paragraph (a) or (b) of this subsection (3) and for each wild turkey, a fine of two hundred dollars and an assessment of ten points.

(g) For all fish, mollusks, crustaceans, amphibians, or reptiles not covered by subsection (3)(a) of this section, a fine of thirty-five dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of thirty-five dollars per animal and an assessment of one point per animal.

(h) For any wildlife not covered by paragraphs (a) to (g) of this subsection (3), a fine of fifty dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of twenty-five dollars per animal and an additional assessment of five points per animal.

(3.4) (a) In addition to the criminal penalties listed in subsection (3) of this section, there may be assessed a further penalty in the following amount for each of the following big game animals illegally taken:

(I) For each bull elk with at least six points on one antler beam, ten thousand dollars;

(II) For each mule deer buck with an inside antler spread of at least twenty-two inches, ten thousand dollars;

(III) For each whitetail deer buck with an inside antler spread of at least eighteen inches, ten thousand dollars;

(IV) For each bull moose, ten thousand dollars;

(V) For each bighorn sheep with a horn length of at least one-half curl, twenty-five thousand dollars;

(VI) For each mountain goat, ten thousand dollars;

(VII) [Editor's note: This version of subsection (3.4)(a)(VII) is effective until January 1, 2026.] For each pronghorn antelope with a horn length of at least fourteen inches, four thousand dollars.

(VII) [Editor's note: This version of subsection (3.4)(a)(VII) is effective January 1, 2026.] For each pronghorn antelope with a horn length of at least fourteen inches, four thousand dollars; or

(VIII) [Editor's note: Subsection (3.4)(a)(VIII) is effective January 1, 2026.] For each bison, ten thousand dollars.

(b) (I) Notwithstanding the provisions of section 24-4.2-104 (1)(b)(II), C.R.S., no victims and witnesses assistance and law enforcement fund surcharge shall be levied against the additional amount of the penalty imposed under this subsection (3.4). The victims and witnesses assistance and law enforcement fund surcharge shall only be levied against the amount of the fine imposed under subsection (3) of this section.

(II) Notwithstanding the provisions of section 33-6-105, all moneys collected as additional penalties under this subsection (3.4) shall be transmitted to the state treasurer, who shall credit such moneys to the Colorado town, city, county, or city and county where the arrest for the offense was made or the citation for the offense was issued. Such additional penalties may be used to further law enforcement or wildlife related programs.

(4) It is unlawful for any person to have in his possession in Colorado any nonnative or exotic wildlife except in accordance with the rules and regulations of the commission. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars nor more than one thousand dollars. In addition, such person shall be assessed ten suspension points per incident for possessing an animal on the prohibited species list and five suspension points per incident for possessing any other nonnative or exotic wildlife species.

Source: L. 84: Entire article R&RE, p. 870, � 1, effective January 1, 1985. L. 90: (2.5) and (4) added and IP(3) amended, pp. 1531, 1528, �� 4, 3, effective July 1. L. 94: (1) and (3) amended, p. 1584, � 12, effective May 31. L. 98: (3.4) added, p. 492, � 1, effective April 22. L. 2003: IP(3), (3)(a), (3)(b), and (3)(e) amended, p. 1942, � 6, effective May 22. L. 2005: (3)(d) amended, p. 476, � 10, effective January 1, 2006. L. 2008: IP(3) and (3)(b) amended, p. 280, � 1, effective July 1. L. 2019: (3)(g) amended, (HB 19-1026), ch. 423, p. 3694, � 6, effective July 1. L. 2020: IP(3.4)(a) amended, (HB 20-1087), ch. 49, p. 170, � 6, effective March 20. L. 2025: IP(3), (3)(b), and (3.4)(a)(VII) amended and (3.4)(a)(VIII) added, (SB 25-053), ch. 223, p. 1023, � 4, effective January 1, 2026; (3)(a) and (3)(b) amended, (SB 25-168), ch. 355, p. 1914, � 2, effective July 1, 2026.

Editor's note: (1) This section is similar to former �� 33-6-104 and 33-6-125 as they existed prior to 1984.

(2) Amendments to subsection (3)(b) by SB 25-053 and SB 25-168 were harmonized, effective July 1, 2026.

(3) Section 7(2) of chapter 355 (SB 25-168), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after July 1, 2026.

Cross references: (1) For the short title (Respect the Great Outdoors Act) and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.

(2) For the legislative declaration in SB 25-053, see section 1 of chapter 223, Session Laws of Colorado 2025. For the legislative declaration in SB 25-168, see section 1 of chapter 355, Session Laws of Colorado 2025.

33-6-110. Division action to recover possession and value of wildlife unlawfully taken. (1) [Editor's note: This version of the introductory portion to subsection (1) is effective until January 1, 2026.] The division may bring and maintain a civil action against any person, in the name of the people of the state, to recover possession or value or both possession and value of any wildlife taken in violation of articles 1 to 6 of this title. A writ of replevin may issue in such an action without bond. No previous demand for possession shall be necessary. If costs or damages are adjudged in favor of the defendant, the same shall be paid out of the wildlife cash fund. Neither the pendency of such civil action nor a criminal prosecution for the same taking shall be a bar to the other; nor shall anything in this section affect the right of seizure under other provisions of articles 1 to 6 of this title. The following shall be considered the minimum value of the wildlife unlawfully taken or possessed and may be recovered in addition to recovery of possession of the wildlife:

(1) [Editor's note: This version of the introductory portion to subsection (1) is effective January 1, 2026, to July 1, 2026.] The division may bring and maintain a civil action against any person, in the name of the people of the state, to recover possession or value or both possession and value of any wildlife taken in violation of articles 1 to 6 of this title 33. A writ of replevin may issue in such an action without bond. No previous demand for possession shall be necessary. If costs or damages are adjudged in favor of the defendant, the same shall be paid out of the wildlife cash fund created in section 33-1-112. Neither the pendency of such civil action nor a criminal prosecution for the same taking shall be a bar to the other; nor shall anything in this section affect the right of seizure under other provisions of articles 1 to 6 of this title 33. The following shall be considered the minimum value of the wildlife unlawfully taken or possessed and may be recovered in addition to recovery of possession of the wildlife:

(1) [Editor's note: This version of the introductory portion to subsection (1) is effective July 1, 2026.] The division may bring and maintain a civil action against any person, in the name of the people of the state, to recover possession or value or both possession and value of any wildlife taken in violation of articles 1 to 6 of this title 33. A writ of replevin may issue in such an action without bond. No previous demand for possession shall be necessary. Any costs or damages adjudged in favor of the defendant shall be paid out of the wildlife cash fund created in section 33-1-112. Neither the pendency of such civil action nor a criminal prosecution for the same taking shall be a bar to the other; nor shall anything in this section affect the right of seizure under articles 1 to 6 of this title 33. The following shall be considered the minimum value of the wildlife unlawfully taken or possessed and may be recovered in addition to recovery of possession of the wildlife:

(a) [Editor's note: This version of subsection (1)(a) is effective until January 1, 2026.] For each eagle, member of an endangered species, rocky mountain

goat, moose, rocky mountain bighorn sheep, or lynx $ 1,000

(a) [Editor's note: This version of subsection (1)(a) is effective January 1, 2026, to July 1, 2026.] For each bison, eagle, member of an endangered species, rocky mountain

goat, moose, rocky mountain bighorn sheep, or lynx $ 1,000

(a) [Editor's note: This version of subsection (1)(a) is effective July 1, 2026.] For each bison, eagle, member of an endangered species listed pursuant to section 33-2-105 or the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq., rocky mountain

goat, moose, rocky mountain bighorn sheep, or lynx $ 1,000

(b) [Editor's note: This version of subsection (1)(b) is effective until July 1, 2026.] For each elk or member of a threatened species or subspecies $ 700

(b) [Editor's note: This version of subsection (1)(b) is effective July 1, 2026.] For each elk or member of a threatened species or subspecies listed pursuant to section 33-2-105 or the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq. $ 700

(c) For each pronghorn, deer, black bear, or mountain lion $ 500

(d) For each raptor not covered by paragraph (a) or (b) of this subsection

(1) and each wild turkey $ 200

(e) For each member of nongame or small game species or subspecies

not covered by paragraph (a) or (b) of this subsection (1) $ 100

(f) For each game fish not covered by paragraph (a) or (b) of this

subsection (1) $ 35

(2) No verdict or judgment recovered by the state in such an action shall be for a sum less than the sum fixed in this section but may be for such greater sum as the evidence may show the value of the wildlife to have been when living and uninjured.

Source: L. 84: Entire article R&RE, p. 871, � 1, effective January 1, 1985. L. 2005: (1)(c) amended, p. 476, � 11, effective January 1, 2006. L. 2025: IP(1) and (1)(a) amended, (SB 25-053), ch. 223, p. 1023, � 5, effective January 1, 2026; IP(1), (1)(a), and (1)(b) amended, (SB 25-168), ch. 355, p. 1914, � 3, effective July 1, 2026.

Editor's note: (1) This section is similar to former � 33-6-104 as it existed prior to 1984.

(2) Amendments to subsections IP(1) and (1)(a) by SB 25-053 and SB 25-168 were harmonized, effective July 1, 2026.

(3) Section 7(2) of chapter 355 (SB 25-168), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after July 1, 2026.

Cross references: For the legislative declaration in SB 25-053, see section 1 of chapter 223, Session Laws of Colorado 2025. For the legislative declaration in SB 25-168, see section 1 of chapter 355, Session Laws of Colorado 2025.

33-6-111. Inspection of license and wildlife - check stations - failure to tag - eluding an officer. (1) (a) Any person who hunts, traps, fishes, or possesses wildlife for any purpose shall, when requested to do so by an officer of the division of parks and wildlife or other peace officer empowered to enforce articles 1 to 6 of this title 33, produce:

(I) All applicable licenses that the division issued to the person;

(II) All firearms;

(III) All records required to be maintained by articles 1 to 6 of this title 33 or by any rule of the commission;

(IV) All wildlife; and

(V) Any personal identification documents.

(b) Any person who refuses to permit inspection of the person's personal identification documents, licenses, firearms, records, or wildlife is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred fifty dollars and an assessment of five license suspension points.

(2) The division is authorized to establish check stations, as needed, at locations within the state to aid in the management of wildlife and the enforcement of articles 1 to 6 of this title and the rules or regulations of the commission. Persons who encounter check stations, whether in possession of wildlife or not, shall stop and produce licenses issued by the division, firearms, and wildlife for inspection by division personnel. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points.

(3) Any person who fails to void the person's license or carcass tag as required by commission rule is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points.

(4) It is unlawful for any person to elude or attempt to elude by any means a Colorado wildlife officer or other peace officer after having received a visual or audible signal such as a red or red and blue light, siren, or voice command directing the person to stop. Any person who violates this subsection (4) commits a class 2 misdemeanor and is assessed ten license suspension points. In addition, the court shall require the person to pay for any damages caused to any public or private real or personal property damaged while eluding an officer.

Source: L. 84: Entire article R&RE, p. 872, � 1, effective January 1, 1985. L. 2003: (4) amended, p. 1630, � 69, effective August 6. L. 2019: (1) and (3) amended, (HB 19-1026), ch. 423, p. 3694, � 7, effective July 1. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3259, � 552, effective March 1, 2022.

Editor's note: This section is similar to former �� 33-6-102, 33-6-108, and 33-6-110 as they existed prior to 1984.

Cross references: For the short title (Respect the Great Outdoors Act) and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.