Section 33-6-128 - Damage or destruction of dens or nests - harassment of wildlife(1) Unless permitted by the division, it is unlawful for any person to willfully damage or destroy any wildlife den or nest or their eggs or to harass any wildlife. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points. For the purposes of this subsection (1), nothing shall prohibit the removal of wildlife dens or nests when necessary to prevent damage to property or livestock or while trapping.(2) Unless otherwise allowed by commission rule or regulation, it is unlawful for any person to knowingly or negligently allow or direct a dog which the person owns or which is under the person's control to harass wildlife, whether or not the wildlife is actually injured by such dog. Any person who violates this subsection (2) commits a petty offense and, upon conviction thereof, shall be punished by a fine of two hundred dollars.(3) A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. The provisions of this subsection (3) shall not apply to dogs that are under the direct personal control of a person.Amended by 2021 Ch. 462, § 559, eff. 3/1/2022.L. 84: Entire article R& RE, p. 877, § 1, effective 1/1/1985. L. 2003: (3) amended, p. 1631, § 70, effective August 6. L. 2021: (2) amended, (SB 21-271), ch. 3261, p. 3261, § 559, effective 3/1/2022.(1) This section is similar to former §§ 33-6-138 and 33-6-139 as they existed prior to 1984.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).