(1) As used in this section, “convicted” includes a guilty adjudication, guilty plea, no contest plea, and guilty or no contest plea entered in a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance.

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Terms Used In Utah Code 23A-5-313

  • Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
  • Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
  • Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
  • Wildlife: means :
         (61)(a) crustaceans, including brine shrimp and crayfish;
         (61)(b) mollusks; and
         (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
(2) A person commits habitual wanton destruction of protected wildlife if the person:

     (2)(a) takes a big game animal in violation of Section 23A-5-311; and
     (2)(b) within seven years of the day on which the violation described in Subsection (2)(a) occurs, has twice been convicted of taking a big game animal in violation of Section 23A-5-311.
(3) A person who commits habitual wanton destruction of protected wildlife is guilty of a third degree felony.