How Long Do You Go to Jail for Killing a Bald Eagle?

Killing a bald eagle can send you to federal prison for up to one year on a first offense and up to two years on a second, under the Bald and Golden Eagle Protection Act. Most first-time defendants don’t actually serve that year. Judges routinely impose probation, fines, and restitution instead of incarceration when a single bird is involved and there was no commercial motive. Trafficking cases and repeat offenses are a different story, and they can push exposure to five years or more once related statutes are stacked on top.

The Statutory Maximum for a First Offense

A first violation of the Bald and Golden Eagle Protection Act (BGEPA) is a misdemeanor. The statute sets imprisonment at up to one year and a fine of $5,000, but a separate federal sentencing law raises the effective maximum fine to $100,000 for an individual and $200,000 for an organization.¹² A convicted person may also face up to one year of supervised release after any prison term.

The government can pursue a civil penalty on top of, or instead of, a criminal case. The BGEPA authorizes a civil fine per violation with a statutory base of $5,000 that has been adjusted upward for inflation.³ Avoiding criminal charges does not mean avoiding financial exposure.

When It Becomes a Felony

A second BGEPA conviction is automatically a felony. The maximum prison term doubles to two years, and the maximum fine jumps to $250,000 for an individual or $500,000 for an organization.¹⁴

Prosecutors often add charges under two other statutes. The Migratory Bird Treaty Act carries up to six months in prison for a standard misdemeanor violation, or up to two years as a felony if the bird was sold or trafficked.⁵ The Lacey Act applies when eagle parts cross state lines or enter commerce. Knowingly trafficking in illegally taken wildlife worth more than $350 is a felony punishable by up to five years in prison and a $20,000 fine.⁶ Because feathers and parts move on a black market, Lacey Act counts frequently ride along with BGEPA charges.

What Actual Sentences Look Like

Statutory maximums are the ceiling, not the norm. In a 2025 Arkansas case, a man convicted of killing a bald eagle received 24 months of federal probation with the first 60 days on home detention, plus $2,025 in restitution and fees. The statutory maximum he faced was two years in prison and a $250,000 fine.⁷ That gap between the law’s ceiling and a court’s actual choice is typical for single-incident cases with no commercial angle.

Trafficking sentences run much heavier. A Texas man who pleaded guilty in late 2025 to buying illegally killed bald and golden eagles under the Lacey Act faced up to five years in prison and a $250,000 fine.⁸ Killing one bird through recklessness and running a commercial operation sit at opposite ends of the sentencing range.

What Drives a Sentence Up or Down

Intent matters most. The BGEPA requires that a violation be committed “knowingly or with wanton disregard for the consequences,” so purely accidental contact with no carelessness involved may not support criminal charges at all.³ Someone who deliberately shoots an eagle is treated far more harshly than a landowner whose lawful activity accidentally injures one.

Commercial motive pushes sentences sharply upward. Prosecutors stack BGEPA, Migratory Bird Treaty Act, and Lacey Act charges to increase the exposure. The number of birds also weighs in: killing multiple eagles or sustaining a pattern that harms a nesting population draws penalties near the statutory maximum.

On the other side, cooperating with investigators and showing genuine remorse can move a judge toward leniency. Concealing the killing or destroying evidence usually erases whatever leniency might have been available.

Forfeiture of Guns, Vehicles, and Equipment

A conviction can cost more than the fine. Federal law authorizes the government to seize and keep any equipment used in the violation: firearms, traps, nets, vehicles, boats, and aircraft.⁹ The eagle itself and any parts, nests, or eggs taken in violation are also forfeited. Forfeiture can move through an administrative process run by the Fish and Wildlife Service or through federal court, and missing the deadline to contest an administrative forfeiture means the property is gone.

Collateral Consequences of a Felony

A second BGEPA conviction, or any Lacey Act felony, triggers federal collateral penalties that outlast the sentence. A federal felony brings the federal firearms ban: you lose the right to possess any firearm or ammunition, and that prohibition is permanent absent specific relief.¹⁰ For a hunter, that ends the activity.

Federal agencies can also suspend or cancel federal hunting and fishing permits, revoke leases or licenses that authorize use of federal lands, and pull grazing permits for livestock operations. State wildlife agencies frequently pile on their own license revocations, and shared violation databases can extend the suspension across multiple states.

Shooting From an Aircraft Adds a Separate Charge

The Airborne Hunting Act makes it a crime to shoot at or harass any bird from an aircraft. A violation carries up to one year in prison and a $5,000 fine, and any aircraft or equipment used in the act is subject to forfeiture.¹¹ Because this charge stacks on top of BGEPA and Migratory Bird Treaty Act counts, someone who shoots an eagle from a helicopter or plane can face cumulative exposure of several years and the loss of a very expensive piece of equipment.

When Killing an Eagle Isn’t a Crime

Some eagle deaths fall outside criminal enforcement. Members of federally recognized Native American tribes can obtain permits to receive eagle parts for religious ceremonies, distributed through the National Eagle Repository in Commerce City, Colorado.¹²¹³ Scientific institutions and museums can also apply for permits. Businesses whose operations risk eagle deaths, most commonly wind energy projects, can obtain incidental take permits from the Fish and Wildlife Service.¹⁴ Without one of these authorizations, killing an eagle is a federal offense even when it was unintentional.

Finding a Dead Eagle Is Not a Safe Harbor

Possessing eagle remains without authorization is itself a federal violation, so picking up a dead bird or a loose feather can create legal exposure of its own. The Fish and Wildlife Service asks that you contact a federal wildlife law enforcement officer immediately and not handle or move the bird yourself unless trained.¹⁵ If you can’t reach an officer, call your regional Migratory Bird Program office. For an injured eagle, don’t approach it; ask for guidance on reaching a licensed wildlife rehabilitator.

Federal rules do let members of the public salvage eagle specimens, including loose feathers, but you must contact the National Eagle Repository before or immediately after doing so.¹⁶ You cannot keep remains for more than seven days, and you may never sell, trade, or barter them. If you find five or more dead birds, notify the Office of Law Enforcement before touching anything, since mass die-offs often trigger a criminal investigation. The Repository can be reached at 303-287-2110 or repository@fws.gov.¹³

1
U.S. Fish & Wildlife Service. Bald and Golden Eagle Protection Act
2
Office of the Law Revision Counsel. 18 U.S.C. 3571 – Sentence of Fine
3
Office of the Law Revision Counsel. 16 U.S.C. 668 – Bald and Golden Eagles
4
Office of the Law Revision Counsel. 16 U.S.C. 668 – Bald and Golden Eagles
5
Office of the Law Revision Counsel. 16 U.S.C. 707 – Violations and Penalties; Forfeitures
6
Office of the Law Revision Counsel. 16 U.S.C. 3373 – Penalties and Sanctions
7
U.S. Department of Justice. Magnolia Man Sentenced for Killing a Bald Eagle
8
U.S. Department of Justice. Texas Man Pleads Guilty to Trafficking Bald and Golden Eagles
9
Office of the Law Revision Counsel. 16 U.S.C. 668b – Enforcement Provisions
10
Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts
11
Office of the Law Revision Counsel. 16 U.S.C. 742j-1 – Airborne Hunting
12
Office of the Law Revision Counsel. 16 U.S.C. 668a – Taking and Using of the Bald and Golden Eagle for Scientific, Exhibition, and Religious Purposes
13
U.S. Fish & Wildlife Service. National Eagle Repository – What We Do
14
eCFR. 50 CFR 22.250 – Permits for Incidental Take of Eagles by Wind Energy Projects
15
U.S. Fish & Wildlife Service. Eagle Handling and Distribution Handbook
16
Federal Register. Regulatory Authorizations for Migratory Bird and Eagle Possession by the General Public, Educators, and Government Agencies