510 ILCS 68/ Herptiles-Herps Act

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510 ILCS 68/Art. 90

(510 ILCS 68/Art. 90 heading)

ARTICLE 90. PENALTIES

(Source: P.A. 98-752, eff. 1-1-15.)

510 ILCS 68/90-5

    (510 ILCS 68/90-5)
    Sec. 90-5. Penalties.
    (a) Unless otherwise stated in this Act, a violation of this Act is a Class A misdemeanor.

(b) A person who violates Article 85 of this Act is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

(c) A person who violates Article 75 of this Act is guilty of a Class B misdemeanor.  A violation of the record keeping requirement for each individual special use herptile constitutes a separate offense.

(d) Any person who takes, possesses, captures, kills, or disposes of any herptile protected under this Act in violation of this Act is guilty of a Class B misdemeanor unless otherwise stated in this Act.

(e) All fines and penalties collected under the authority of this Act or its administrative rules shall be deposited into the Illinois Wildlife Preservation Fund.

(Source: P.A. 102-315, eff. 1-1-22; 103-363, eff. 7-28-23.)

510 ILCS 68/90-10

    (510 ILCS 68/90-10)
    Sec. 90-10. Commercial purposes; offenses.

(a) Unless otherwise provided in this Act, any person who for profit or commercial purposes knowingly captures, 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 herptile taxa, in whole or in part, protected under this Act and the financial value of that herptile, in whole or in part, is valued:

(1) at or in excess of a total of $300 as calculated

according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) in Section 105-95 of this Act is guilty of a Class 3 felony; or

(2) less than the total of $300 as calculated

according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) in Section 105-95 of this Act is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(b) The possession of any herptile, in whole or in part, captured or killed in violation of this Act that is valued at or in excess of $600 under the provisions in subsection (b) of Section 105-95 of this Act shall be considered prima facie evidence of possession for profit or commercial purposes.

(Source: P.A. 102-315, eff. 1-1-22.)