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2020 Colorado Revised Statutes
Title 33 - Parks And Wildlife
Article 6. Law Enforcement and Penalties - Wildlife
Section 33-6-110. Division action to recover possession and value of wildlife unlawfully taken.

Universal Citation: CO Rev Stat § 33-6-110 (2020)
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(1) 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. For each eagle, member of an endangered species, rocky mountaingoat, moose, rocky mountain bighorn sheep, or lynx $ 1,000

  2. For each elk or member of a threatened species or subspecies $ 700

  3. For each pronghorn, deer, black bear, or mountain lion $ 500

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

  1. and each wild turkey $ 200

    1. For each member of nongame or small game species or subspeciesnot covered by paragraph (a) or (b) of this subsection (1) $ 100

    2. For each game fish not covered by paragraph (a) or (b) of thissubsection (1) $ 35

  2. No verdict or judgment recovered by the state in such an action shall be for a sumless 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.

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

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