(520 ILCS 5/2.36a)
(from Ch. 61, par. 2.36a)
Value of protected species; violations.
(a) Any person who, for profit or commercial purposes, knowingly
captures or kills, possesses, offers for sale, sells, offers to barter,
barters, offers to purchase, purchases, delivers for shipment, ships, exports,
imports, causes to be shipped, exported, or imported, delivers for
transportation, transports or causes to be transported,
carries or causes to be carried, or receives for shipment, transportation,
carriage, or export any animal or part of animal of the species protected
by this Act, contrary to the provisions of this Act, and such animals, in
whole or in part, are valued at or in excess of a total of $300, as per
specified in subsection (c) of this Section, commits a Class 3 felony.
A person shall be guilty of a Class 4 felony if convicted under this
Section for more than one violation within a 90-day period where the animals of
each violation are not valued at or in excess of $300, but the total value of
the animals from the multiple violations is at or in excess of $300. The
prosecution for a Class 4 felony for these multiple violations must be alleged
in a single charge or indictment and brought in a single prosecution.
(b) Possession of animals, in whole or in part, captured or killed in
violation of this Act, valued at or in excess of $600, as per specie value
in subsection (c) of this Section, shall be considered prima facie evidence
of possession for profit or commercial purposes.
(c) For purposes of this Section,
the fair market value or replacement cost, whichever is greater, shall be
used to determine the value of the species protected by this Act, but in no
case shall the minimum value of all species protected by
this Act be less than as follows:
(1) Eagle, $1,000;
(2) Whitetail deer, $1,000 and wild turkey, $500;
(3) Fur-bearing mammals, $50;
(4) Game birds (except the wild turkey) and migratory
(5) Owls, hawks, falcons, kites, harriers, and
(9) Trumpeter swans, $1,000.
(d) In this subsection (d), "point" means a projection on the antler of a whitetail antlered deer that is at least one-inch long as measured from the tip to the nearest edge of antler beam and the length of which exceeds the length of its base. A person who possesses whitetail antlered deer, in whole or in part, captured or killed in violation of this Act, shall pay restitution to the Department in the amount of $1,000 per whitetail antlered deer and an additional $500 per antler point for each whitetail antlered deer with at least 8 but not more than 10 antler points. For whitetail antlered deer with 11 or more antler points, restitution of $1,000 shall be paid to the Department per whitetail antlered deer plus $750 per antler point.
(Source: P.A. 100-960, eff. 8-19-18; 101-81, eff. 7-12-19.)