Illegal sale of wildlife - penalties

Colo. Rev. Stat. § 33-6-113, under Parks and Wildlife.

Colo. Rev. Stat. § 33-6-113

(1) (a) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, it is unlawful for any person to knowingly sell or purchase, or knowingly offer for sale or purchase, wildlife or to solicit another person in the illegal hunting or taking of wildlife for the purposes of monetary or commercial gain or profit.

(b) For the purposes of this section, it is deemed to be a sale of wildlife if a person provides or offers or attempts to provide outfitting services, as defined in article 145 of title 12, without an active registration issued under article 145 of title 12.

(2) [Editor's note: This version of the introductory portion to subsection (2) is effective until July 1, 2026.] Any person who violates this section:

(2) [Editor's note: This version of the introductory portion to subsection (2) is effective July 1, 2026.] A person who violates this section:

(a) [Editor's note: This version of subsection (2)(a) is effective until July 1, 2026.] With respect to big game, endangered species, or eagles, commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S. Upon such conviction, the commission may suspend any or all wildlife license privileges of the person for a minimum of one year to life.

(a) [Editor's note: This version of subsection (2)(a) is effective July 1, 2026.] With respect to big game, animals listed as endangered species or threatened species pursuant to section 33-2-105 or the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq., or eagles, commits a class 5 felony and shall be punished as provided in section 18-1.3-401. Upon the conviction, the commission may suspend any or all wildlife license privileges of the person for a minimum of one year to life.

(b) With respect to all other wildlife, commits a class 2 misdemeanor and is assessed twenty license suspension points.

Source: L. 84: Entire article R&RE, p. 873, � 1, effective January 1, 1985. L. 85: (2)(a) amended, p. 659, � 11, effective July 1. L. 94: (1) and (2)(a) amended, p. 1586, � 13, effective May 31. L. 2002: (2)(a) amended, p. 1544, � 294, effective October 1. L. 2008: (1) amended, p. 537, � 1, effective August 5. L. 2019: (1)(b) amended, (HB 19-1172), ch. 136, p. 1720, � 220, effective October 1. L. 2021: (2)(b) amended, (SB 21-271), ch. 462, p. 3259, � 553, effective March 1, 2022. L. 2025: (1)(b) amended, (SB 25-174), ch. 310, p. 1616, � 9, effective August 6; IP(2) and (2)(a) amended, (SB 25-168), ch. 355, p. 1915, � 4, effective July 1, 2026.

Editor's note: (1) This section is similar to former �� 33-6-125 and 33-6-126 as they existed prior to 1984.

(2) 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 legislative declaration contained in the 2002 act amending subsection (2)(a), see section 1 of chapter 318, Session Laws of Colorado 2002.

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

33-6-113.1. Illegal trafficking of wildlife - violation - penalties - investigations and surveys of trafficked wildlife - definition - appropriation. [Editor's note: This section is effective July 1, 2026.]

(1) Except as otherwise provided in articles 1 to 6 of this title 33 or by rule of the commission, it is unlawful for any person, in the course of the same criminal episode, to knowingly possess, sell, purchase, transport, import, or export, or cause to be transported, imported, or exported, wildlife for monetary gain or other compensation if the person knew, or in the exercise of due care should have known, that the wildlife was taken, possessed, sold, transported, imported, or exported in violation of:

(a) A state law, a federal law, or the law of a tribal government;

(b) A state or federal rule or regulation; or

(c) A law of or regulation of any other nation.

(2) Except as provided in subsections (3) and (4) of this section, a violation of subsection (1) of this section is a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.

(3) A violation of subsection (1) of this section when the aggregate value of the wildlife involved in the violation is more than one thousand dollars but less than ten thousand dollars is a class 5 felony and shall be punished as provided in section 18-1.3-401.

(4) A violation of subsection (1) of this section is a class 4 felony and shall be punished as provided in section 18-1.3-401 if:

(a) The aggregate value of the wildlife involved in the violation is ten thousand dollars or more;

(b) The wildlife involved in the violation is an endangered species or threatened species according to the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq.;

(c) The wildlife involved in the violation is an endangered species or threatened species pursuant to section 33-2-105; or

(d) The wildlife involved in the violation is a species listed in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

(5) The commission shall suspend the wildlife license privileges of a person convicted of violating subsection (1) of this section for a period of five years to life.

(6) Upon conviction for a violation of subsection (1) of this section, the costs of housing, caring for, or disposal of seized wildlife before or after the filing of formal charges against a person are a part of the costs assessed under section 18-1.3-701.

(7) The division shall conduct investigations of and surveys of commonly trafficked wildlife to collect information and data related to population, distribution, and other ecological data in order to determine appropriate conservation, management, and law enforcement measures.

(8) As used in this section, value means the minimum value as determined by section 33-6-110 or the market value, whichever value is greater.

(9) The general assembly shall appropriate sufficient money to implement this section from the wildlife cash fund created in section 33-1-112; except that money in the wildlife cash fund from the sale of hunting and fishing licenses or from associated federal grants is not available for appropriation to implement this section.

Source: L. 2025: Entire section added, (SB 25-168), ch. 355, p. 1915, � 5, effective July 1, 2026.

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

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