Colo. Rev. Stat. § 33-6-110 – Division action to recover possession and value of wildlife unlawfully taken.

(1) [Editor's note: This version of the introductory portion to subsection (1) is effective until January 1, 2026.] The division may bring and maintain a civil action against any person, in the name of the people of the state, to recover possession or value or both possession and value of any wildlife taken in violation of articles 1 to 6 of this title. A writ of replevin may issue in such an action without bond. No previous demand for possession shall be necessary. If costs or damages are adjudged in favor of the defendant, the same shall be paid out of the wildlife cash fund. Neither the pendency of such civil action nor a criminal prosecution for the same taking shall be a bar to the other; nor shall anything in this section affect the right of seizure under other provisions of articles 1 to 6 of this title. The following shall be considered the minimum value of the wildlife unlawfully taken or possessed and may be recovered in addition to recovery of possession of the wildlife:
(1) [Editor's note: This version of the introductory portion to subsection (1) is effective January 1, 2026, to July 1, 2026.] The division may bring and maintain a civil action against any person, in the name of the people of the state, to recover possession or value or both possession and value of any wildlife taken in violation of articles 1 to 6 of this title 33. A writ of replevin may issue in such an action without bond. No previous demand for possession shall be necessary. If costs or damages are adjudged in favor of the defendant, the same shall be paid out of the wildlife cash fund created in section 33-1-112. Neither the pendency of such civil action nor a criminal prosecution for the same taking shall be a bar to the other; nor shall anything in this section affect the right of seizure under other provisions of articles 1 to 6 of this title 33. The following shall be considered the minimum value of the wildlife unlawfully taken or possessed and may be recovered in addition to recovery of possession of the wildlife:
(1) [Editor's note: This version of the introductory portion to subsection (1) is effective July 1, 2026.] The division may bring and maintain a civil action against any person, in the name of the people of the state, to recover possession or value or both possession and value of any wildlife taken in violation of articles 1 to 6 of this title 33. A writ of replevin may issue in such an action without bond. No previous demand for possession shall be necessary. Any costs or damages adjudged in favor of the defendant shall be paid out of the wildlife cash fund created in section 33-1-112. Neither the pendency of such civil action nor a criminal prosecution for the same taking shall be a bar to the other; nor shall anything in this section affect the right of seizure under articles 1 to 6 of this title 33. The following shall be considered the minimum value of the wildlife unlawfully taken or possessed and may be recovered in addition to recovery of possession of the wildlife:
1. (a) [Editor's note: This version of subsection (1)(a) is effective until January 1, 2026.] For each eagle, member of an endangered species, rocky mountain
  goat, moose, rocky mountain bighorn sheep, or lynx $ 1,000
2. (a) [Editor's note: This version of subsection (1)(a) is effective January 1, 2026, to July 1, 2026.] For each bison, eagle, member of an endangered species, rocky mountain
  goat, moose, rocky mountain bighorn sheep, or lynx $ 1,000
3. (a) [Editor's note: This version of subsection (1)(a) is effective July 1, 2026.] For each bison, eagle, member of an endangered species listed pursuant to section 33-2-105 or the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq., rocky mountain
  goat, moose, rocky mountain bighorn sheep, or lynx $ 1,000
4. (b) [Editor's note: This version of subsection (1)(b) is effective until July 1, 2026.] For each elk or member of a threatened species or subspecies $ 700
5. (b) [Editor's note: This version of subsection (1)(b) is effective July 1, 2026.] For each elk or member of a threatened species or subspecies listed pursuant to section 33-2-105 or the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq. $ 700
6. (c) For each pronghorn, deer, black bear, or mountain lion $ 500
7. (d) For each raptor not covered by paragraph (a) or (b) of this subsection
8. (1) and each wild turkey $ 200
9. (e) For each member of nongame or small game species or subspecies
  not covered by paragraph (a) or (b) of this subsection (1) $ 100
10. (f) For each game fish not covered by paragraph (a) or (b) of this
  subsection (1) $ 35
(2) No verdict or judgment recovered by the state in such an action shall be for a sum less than the sum fixed in this section but may be for such greater sum as the evidence may show the value of the wildlife to have been when living and uninjured.

Source: L. 84: Entire article R&RE, p. 871, § 1, effective January 1, 1985. L. 2005: (1)(c) amended, p. 476, § 11, effective January 1, 2006. L. 2025: IP(1) and (1)(a) amended, (SB 25-053), ch. 223, p. 1023, § 5, effective January 1, 2026; IP(1), (1)(a), and (1)(b) amended, (SB 25-168), ch. 355, p. 1914, § 3, effective July 1, 2026.

Editor's note: (1) This section is similar to former § 33-6-104 as it existed prior to 1984.

(2) Amendments to subsections IP(1) and (1)(a) by SB 25-053 and SB 25-168 were harmonized, effective July 1, 2026.

(3) Section 7(2) of chapter 355 (SB 25-168), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after July 1, 2026.

Cross references: For the legislative declaration in SB 25-053, see section 1 of chapter 223, Session Laws of Colorado 2025. For the legislative declaration in SB 25-168, see section 1 of chapter 355, Session Laws of Colorado 2025.