Mandated Restitution Fines in Effect for Convictions in Illegal Killing, Possession of Big Game Wildlife

In order to create stiffer penalties for those convicted of illegally killing or possessing big game species, the Tennessee General Assembly passed legislation last year that creates restitution for illegally taken big game animals.

The change in the law was the result of a group of concerned citizens who were experiencing numerous incidents of people illegally shooting deer from vehicles.  These citizens approached Senator Jim Tracy of Shelbyville for his help to create more of a deterrent to the illegal activity than a simple misdemeanor citation.

The law formerly provided for the Tennessee Wildlife Resources Agency the ability to attempt to seek civil damages against a convicted person, however, the process was difficult to implement and required the Agency to file suit in a separate court action, which was cost prohibitive except in the most extreme cases.

The restitution amounts that were part of the amendment to the law passed by the legislature were based on restitution amounts already in place for big game animals in other states.

As a result of the new law, if a person is convicted, the court has the discretion to order restitution amounts of $1,000 per animal for each wild turkey, white-tailed deer without antlers and antlered white-tailed deer with less than eight antler points that is illegally killed or possessed.   The law also allows restitution of $1,500 for each wild elk without antlers and antlered wild elk with less than eight antler points.

For white-tailed deer with at least eight, but not more than 10 antler points, restitution may be assessed in the amount of $1,000 per animal plus $500 for each antler point.  For a white-tailed deer with 11 or more antler points, restitution may be assessed in the amount of $1,000 per animal plus $750 for each antler point that is illegally killed or possessed.

In regard to wild elk, restitution may be ordered in the amount of $1,500 per animal, plus $500 per antler point with at least eight but not more than 10 points.  For wild elk with 11 or more antler points, the restitution amount goes up to $1,500 plus $750 for each antlered point.

Courts further have the discretion to order restitution of $5,000 for each bear illegally killed or possessed and for each bear cub orphaned by the illegal killing or possession of a bear.

While restitution may be ordered in the discretion of the court, the court has the authority to order payment of applicable fines and court costs as well.  The law also provides that licenses revoked as a result of the conviction shall remain revoked until restitution amounts have been paid in full.