Utah

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State v. Reber

Summary: In this Utah case, the State sought review of the court of appeals' decision vacating the convictions of defendants. Reber was convicted of aiding or assisting in the wanton destruction of protected wildlife in violation of state law for killing a mule deer without a license or permit. On appeal, defendant contended that the state had no jurisdiction because he was an Indian hunting in Indian country. However, the court held that the State has jurisdiction over these defendants because the State has jurisdiction over crimes committed in Indian country when a non-Indian commits a victimless crime. Defendants are not Indians, as that term has been defined by federal law, and the crimes in these cases were victimless.

In this Utah case, the State sought review of the court of appeals' decision vacating the convictions of defendants. Reber was convicted of aiding or assisting in the wanton destruction of protected wildlife in violation of state law for killing a mule deer without a license or permit. On appeal, defendant contended that the state had no jurisdiction because he was an Indian hunting in Indian country. However, the court held that the State has jurisdiction over these defendants because the State has jurisdiction over crimes committed in Indian country when a non-Indian commits a victimless crime. Defendants are not Indians, as that term has been defined by federal law, and the crimes in these cases were victimless.

State v. McDonald

Summary: A woman was convicted of fifty-eight counts of animal cruelty after animal control officers found fifty-eight diseased cats in her trailer.  The trial court sentenced the woman to ninety days of jail time for each count, but revised the sentence to include two days of jail time,  two years of formal probation, and twelve and a half years of informal probation.  The Court of Appeals affirmed the conviction, but found that fourteen and a half years probation exceeded the court's statutory authority. 

A woman was convicted of fifty-eight counts of animal cruelty after animal control officers found fifty-eight diseased cats in her trailer.  The trial court sentenced the woman to ninety days of jail time for each count, but revised the sentence to include two days of jail time,  two years of formal probation, and twelve and a half years of informal probation.  The Court of Appeals affirmed the conviction, but found that fourteen and a half years probation exceeded the court's statutory authority. 

UT - Wildlife Possession - R657-3. Collection, Importation, Transportation, and Possession of Zoological Animals.

Summary: This set of Utah rules concerns the collection, importation, and possession of zoological animals under circumstances described in the rules. Commonly kept domestic animals such as alpacas, donkeys, cats, dogs and hybrid dogs, gerbils, goats, hamsters, and many others are not governed by these rules. A  person shall obtain a certificate of registration before collecting, importing, transporting, or possessing any species of animal or its parts classified as prohibited or controlled. A person may not release to the wild or release into any public or private waters any zoological animal, including fish, without first obtaining authorization from the division. Certain species are prohibited for collection, importation, and possession. These species include bighorn sheep, bears, coyotes, gray wolves, wild cats, skunks, lemurs, great apes, and those species listed in Appendix I or II of CITES, among others listed in R657-3-24.

This set of Utah rules concerns the collection, importation, and possession of zoological animals under circumstances described in the rules. Commonly kept domestic animals such as alpacas, donkeys, cats, dogs and hybrid dogs, gerbils, goats, hamsters, and many others are not governed by these rules. A  person shall obtain a certificate of registration before collecting, importing, transporting, or possessing any species of animal or its parts classified as prohibited or controlled. A person may not release to the wild or release into any public or private waters any zoological animal, including fish, without first obtaining authorization from the division. Certain species are prohibited for collection, importation, and possession. These species include bighorn sheep, bears, coyotes, gray wolves, wild cats, skunks, lemurs, great apes, and those species listed in Appendix I or II of CITES, among others listed in R657-3-24.

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