Illinois Compiled Statutes 815 ILCS 357/10 – Prohibitions
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(a) In addition to the prohibitions under any other law, it shall be unlawful for any person to import with the intent to sell, sell, offer for sale, purchase, barter, or possess with intent to sell, any animal part or product, except as provided by this Act.
(b) It shall be a rebuttable presumption of possession with intent to sell when any animal part or product is possessed in a retail or wholesale outlet commonly used for the buying or selling of similar products; however, nothing in this subsection (b) shall preclude a finding of intent to sell based on any other evidence that may serve to independently establish that intent. The act of obtaining an appraisal of an animal part or product alone shall not constitute possession with intent to sell.
(c) A person may convey an animal part or product to a legal beneficiary as part of an estate, trust, or other inheritance being conveyed to lawful beneficiaries upon the death of the owner of the animal part or product or in anticipation of that death.
(d) None of the prohibitions set forth in this Section shall apply to employees or agents of the federal or State government undertaking any law enforcement activities under federal or State law or any mandatory duties required by federal or State law.
(e) The prohibition on import set forth in subsection (a) of this Section shall not apply where the import is expressly authorized by federal license or permit.
(f) Unless the activity is prohibited by federal law, the Department of Natural Resources may permit, under terms and conditions as the Department may adopt by rule, the import, sale, offer for sale, purchase, barter, or possession with intent to sell, of any animal part or product: (1) for bona fide educational or scientific purposes; or (2) to or from a museum.
(b) It shall be a rebuttable presumption of possession with intent to sell when any animal part or product is possessed in a retail or wholesale outlet commonly used for the buying or selling of similar products; however, nothing in this subsection (b) shall preclude a finding of intent to sell based on any other evidence that may serve to independently establish that intent. The act of obtaining an appraisal of an animal part or product alone shall not constitute possession with intent to sell.
Terms Used In Illinois Compiled Statutes 815 ILCS 357/10
- Appraisal: A determination of property value.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(c) A person may convey an animal part or product to a legal beneficiary as part of an estate, trust, or other inheritance being conveyed to lawful beneficiaries upon the death of the owner of the animal part or product or in anticipation of that death.
(d) None of the prohibitions set forth in this Section shall apply to employees or agents of the federal or State government undertaking any law enforcement activities under federal or State law or any mandatory duties required by federal or State law.
(e) The prohibition on import set forth in subsection (a) of this Section shall not apply where the import is expressly authorized by federal license or permit.
(f) Unless the activity is prohibited by federal law, the Department of Natural Resources may permit, under terms and conditions as the Department may adopt by rule, the import, sale, offer for sale, purchase, barter, or possession with intent to sell, of any animal part or product: (1) for bona fide educational or scientific purposes; or (2) to or from a museum.