Illegally Obtained Hunting Permit is Void

State of Utah v. Roger Howard Steele, 2010 UT App. 185, (Utah Court of Appeals July 9, 2010).

Steele obtained a special permit to hunt on a game reserve, which was reserved for Utah residents.  Steele participated in the Hunt even though he was not a Utah resident.  He shot a trophy male mule deer.  He was charged with wanton destruction of protected wildlife and found guilty.  Steele Appealed.  He argued the trial court’s jury instruction as to mistake of law was incorrect.  If the correct instruction had been given he would have been acquitted because he showed evidence that he believed himself to be a Utah resident because his wife made frequent visits to Utah and her family resides in Utah, he did not have the required intent for conviction.  He additionally argued that even if the permit was obtained in violation of the residency requirement, the permit was not void by voidable, thus valid until revoked.

The Court affirmed finding that Steele knew he was not a resident and knew it because he did not put his own address, but that of his in-laws.  The Court further found that even if the instruction was incorrect, the likelihood that the jury would have changed its verdict with an instruction proposed by Defendant is ultimately very low.  Further, the Court found that the permit was void, not merely voidable.  As an illegal contract is void ab initio so is an illegally obtained permit.

Defendant’s speedy trial claim was inadequately briefed to prevail on those grounds.

Full Decision available at http://www.utcourts.gov/opinions/appopin/steele070910.pdf