Arizona Laws 17-320. Jaguar; protection; violations; classification; civil liability; exceptions
A. Notwithstanding section 17-239 or any other provision of this title, if the secretary of the interior publishes in the federal register a determination for the removal of jaguar (felis onca) from the list as required under section 4(c) of the endangered species act of 1973, as amended, (P.L. 93-205; 87 Stat. 884; 16 United States Code §§ 1531 through 1544):
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class 1 misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Arizona Laws 17-320
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Arizona game and fish department. See Arizona Laws 17-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. It is unlawful for a person to knowingly kill, wound or possess a jaguar or any part thereof.
2. A person who unlawfully kills, wounds or possesses a jaguar or any part thereof:
(a) Is guilty of a class 1 misdemeanor.
(b) Is liable for civil damages of not more than seventy-two thousand five hundred dollars for each violation.
B. Subsection A of this section does not apply to:
1. A jaguar or parts of a jaguar that were lawfully possessed under state and federal law before August 21, 1997.
2. Any person who kills or wounds a jaguar, if it can be shown by a preponderance of the evidence that the person committed an act based on a good faith belief that the person was acting to protect himself, a member of the person’s family or any other individual from bodily harm from the jaguar.
C. A person shall notify the department within five days after killing or wounding a jaguar under subsection B, paragraph 2 of this section. A jaguar that is killed or wounded pursuant to subsection B, paragraph 2 of this section shall not be retained, sold or removed from the site without authorization from the department.