(1) (a) It is unlawful for any person to hunt or take wildlife in a careless manner or to discharge a firearm or release an arrow in a careless manner that endangers human life or property.
(b) For the purposes of this section, "careless" means failing to exercise the degree of reasonable care that would be exercised by a person of ordinary prudence under all the existing circumstances.
(2) (a) Except as provided in subsection (2)(b) of this section, a person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for up to one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points.
(b) A person who violates this section is subject to a fine of five hundred dollars and an assessment of fifteen license suspension points if at the time of the violation the person:
Was hunting under a valid big game license;
Killed a big game animal that is not covered by the license; and(III) (A) Immediately field dressed the animal; and (B) Reported the killing of the animal to the division.
Source: L. 84: Entire article R&RE, p. 876, § 1, effective January 1, 1985. L. 94: Entire section amended, p. 1587, § 18, effective May 31. L. 2020: Entire section amended, (HB 201087), ch. 49, p. 170, § 7, effective March 20.
Editor's note: (1) This section is similar to former § 33-6-113 as it existed prior to 1984.
(2) Section 15 of chapter 49 (HB 20-1087), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed and other conduct occurring on or after March 20, 2020.
Hunting under the influence. It is unlawful for any person who is under the influence of alcohol or any controlled substance, as defined in section 18-18-102 (5), C.R.S., or any other drug to a degree that renders such person incapable of safely operating a firearm or bow and arrow to hunt or take any wildlife in this state. The fact that any person charged with a violation of this section is or has been entitled to use such controlled substance or drug under the laws of this state shall not constitute a defense against any charge of violating this section. For the purposes of this section, being under the influence of any drug shall include the use of gluesniffing, aerosol inhalation, or the inhalation of any other toxic vapor. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points.
Source: L. 84: Entire article R&RE, p. 876, § 1, effective January 1, 1985. L. 94: Entire section amended, p. 1587, § 19, effective May 31. L. 2012: Entire section amended, (HB 121311), ch. 281, p. 1630, § 81, effective July 1.
Editor's note: This section is similar to former § 33-6-112 as it existed prior to 1984.
Use of a motor vehicle or aircraft - rules. (1) (a) Unless otherwise permitted by commission rule, it is unlawful for a person to hunt, take, or harass wildlife from or with a motor vehicle. A person who violates this paragraph (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of ten license suspension points.
(b) Unless otherwise permitted by commission rule, it is unlawful for any person to discharge a firearm or release an arrow from a motor vehicle with the intent to take wildlife. A person who violates this paragraph (b) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of ten license suspension points.
It is unlawful for any person airborne in any aircraft to spot or locate any wildlife andcommunicate its location to a person on the ground as an aid to hunting or pursuing wildlife; and it is unlawful for such airborne person or person on the ground receiving such communication to pursue, hunt, or take game on the same day or the day following such flight. A person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two thousand dollars and an assessment of fifteen license suspension points.
It is unlawful for two or more people on the ground, in a motor vehicle, or in a vesselto use electronic devices to communicate information in the furtherance of a violation of articles 1 to 6 of this title or of a commission rule. A person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points.
A person who violates section 33-14.5-108 (3)(a) while engaged in the act of hunting, fishing, trapping, or a related activity at the time of the unlawful activity shall be punished by a penalty of ten license suspension points; except that, if the person was within a federal wilderness area at the time of the unlawful activity, the person shall be punished by a penalty of fifteen license suspension points. A person who violates section 33-14.5-108 (3)(b) while engaged in the act of hunting, fishing, or trapping or a related activity at the time of the unlawful activity shall be punished by a penalty of five license suspension points.
Source: L. 84: Entire article R&RE, p. 876, § 1, effective January 1, 1985. L. 94: (1) and (2) amended, p. 1587, § 20, effective May 31. L. 2003: Entire section amended, p. 1029, § 4, effective July 1. L. 2008: (4) added, p. 145, § 2, effective July 1. L. 2013: (4) amended, (SB 13067), ch. 106, p. 368, § 1, effective April 4.
Editor's note: This section is similar to former § 33-6-114 as it existed prior to 1984.
Cross references: For the legislative declaration contained in the 2008 act enacting subsection (4), see section 1 of chapter 54, Session Laws of Colorado 2008.