criminal-law
Can you be charged with killing an endangered species if you stick your hand the cage of one, and the animal has to be put down?
<p>There was just a guy on the news who stuck his hand in a tiger enclosure. He was on the cleaning crew and was either feeding the tiger, or trying to pet it. Tigers doing what tigers do, he latched onto the guys arm. and refused to let go. The guy himself called 911 and had to wait for officers to arrive. Sadly, an officer was forced to shoot the tiger, killing it. I was wondering, if you do something so reckless as to try and pet a tiger, and this happens to you, can you be charged with a violation of the endangered species act?</p>
<p>In the text of the act, it says:</p>
<blockquote>
<p>&quot;Except as provided in sections 6(g)(2) and 10 of this Act, with respect to any endangered species of fish or wildlife listed pursuant to section 4 of this Act it is unlawful for any person subject to the jurisdiction of the United States to—violate any regulation pertaining to such species or to any threatened species of fish or wildlife listed pursuant to section 4 of this Act&quot;</p>
</blockquote>
<p>I am not sure if this is a violation of any regulation, though.</p>

<p>Referring to the current US Code, <a href="https://www.law.cornell.edu/uscode/text/16/1538" rel="nofollow noreferrer">16 USC 1538</a>, one may not</p>
<blockquote>
<p>(B) remove and reduce to possession any such species from areas under
Federal jurisdiction; maliciously damage or destroy any such species
on any such area; or remove, cut, dig up, or damage or destroy any
such species on any other area in knowing violation of any law or
regulation of any State or in the course of any violation of a State
criminal trespass law</p>
</blockquote>
<p>or</p>
<blockquote>
<p>(E) violate any regulation pertaining to such species or to any
threatened species of plants listed pursuant to section 1533 of this
title and promulgated by the Secretary pursuant to authority provided
by this chapter.</p>
</blockquote>
<p>In this scenario, the person does not harm the tiger, so he could not be charged. There is not a blanket ban on killing a member of an endangered species. It is legal under <a href="https://www.law.cornell.edu/cfr/text/50/17.21" rel="nofollow noreferrer">50 CFR 1721(c)(2)</a> to &quot;<a href="https://www.law.cornell.edu/definitions/index.php?width=840&amp;height=800&amp;iframe=true&amp;def_id=fff0d1065a4d0f87ff040a7a7b633f83&amp;term_occur=999&amp;term_src=Title:50:Chapter:I:Subchapter:B:Part:17:Subpart:C:17.21" rel="nofollow noreferrer">&quot;take&quot;</a> (which ranges from &quot;harass&quot; to &quot;kill&quot;)  endangered wildlife in defense of his own life or the lives of others&quot;. Also, appropriate wildlife authorities may under (c)(3)</p>
<blockquote>
<p>take endangered wildlife without a permit if such action is necessary
to:</p>
<p>(i) Aid a sick, injured or orphaned specimen; or</p>
<p>(ii) Dispose of a dead specimen; or</p>
<p>(iii) Salvage a dead specimen which may be useful for scientific
study; or</p>
<p>(iv) Remove specimens which constitute a demonstrable but nonimmediate
threat to human safety, provided that the taking is done in a humane
manner; the taking may involve killing or injuring only if it has not
been reasonably possible to eliminate such threat by live-capturing
and releasing the specimen unharmed, in a remote area.</p>
</blockquote>
<p>US law does not define petting as a form of harassing, so petting a tiger is not a crime.</p>
