Tennessee § 70-4-201 - Possession of or traffic in protected wildlife illegal — Exception — Penalty.

§ 70-4-201. Possession of or traffic in protected wildlife illegal — Exception — Penalty.

It is unlawful for any person, firm or corporation, any restaurant, club, or hotel in this state to barter, sell, transfer or offer for sale, or to purchase, or offer to purchase, any of the wildlife except as provided within this title or in rules and regulations promulgated by the commission. Each unlawful sale, purchase, offer for sale or purchase, transfer, or possession with the intent to sell, barter or transfer for any consideration of a wild animal or wild bird, wild fowl or game fish, or part thereof, is a separate offense. Any person hiring another to kill or capture wildlife and receiving the wildlife is deemed to be buying the wildlife and is subject to the penalties of this title. Officers of the wildlife resources agency or persons specially employed or designated by the executive director or by the United States fish and wildlife service may capture, buy, sell, or offer to capture, buy or sell wild birds or wild animals, or parts thereof, for the sole purpose of obtaining evidence of violation of this title. The carcass of a lawful possession limit of opossum, raccoon or beaver may be bought, sold or shipped for sale during the open hunting or trapping season. A violation of this section is a Class A misdemeanor; except that any violation of this section involving wildlife valued at five hundred dollars ($500) or more is a Class E felony. Acts 1951, ch. 115, § 62 (Williams, § 5178.91); Acts 1959, ch. 145, § 4; 1973, ch. 174, §§ 2, 3; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1979, ch. 194, § 1; 1981, ch. 197, § 2; 1982, ch. 738, § 26; T.C.A. (orig. ed.), § 51-501; Acts 1984, ch. 552, § 1; 1986, ch. 531, § 2; 1986, ch. 882, §§ 17, 18; 1989, ch. 591, § 113; 1990, ch. 891, § 19; 1990, ch. 981, § 3; 1998, ch. 909, §§ 2, 4. Compiler's Notes. The penalty provided in this section was changed to a Class C misdemeanor by Acts 1989, ch. 591, § 113. However, Acts 1990, ch. 981 provided that notwithstanding the provisions of ch. 591, § 113, a violation of this section is a Class A misdemeanor. Cross-References. Exotic animals, title 70, ch. 4, part 4. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13. Humane treatment of animals not subject to state game and fish laws, § 5-9-110 . Penalty for Class A misdemeanor, § 40-35-111 . Penalty for Class E felony, § 40-35-111 .