ELR Citation: ELR 20733
No(s). CR 87-32-M-CCL (D. Mont. Jan 11, 1988)

The court rules that "knowingly" within the meaning of the Endangered Species Act's criminal penalty provisions requires only that the government show that a defendant intentionally shot an animal and that the animal turned out to be an endangered or threatened species. The government is not required to show that the defendant had the specific intent to take a species protected under the Act.

Counsel for Plaintiff
Robert L. Zimmerman, Ass't U.S. Attorney
P.O. Box 1478, Billings MT 59103
(406) 657-6101

Counsel for Defendant
Edward Cummings
311 Woody St., Missoula MT 59807
(406) 728-0430