Estes

INTRODUCTION

Tim Lee Estes appeals after having been found strictly liable on a charge of violating

California Fish and Game Code § 8278(a) for the taking of undersized Dungeness crabs, and

sentenced to a probationary term with fines, fees and penalties, and the forfeiture of $47,000. On

1 appeal, Estes asserts two bases of reversible error: 1) the trial court ruled and instructed the jury

that a charge of violating § 8278(a) is a strict liability offense not requiring criminal intent or

criminal negligence; and 2) the forfeiture in the amount of $47,000 from the proceeds of his legal

Dungeness crab catch constitutes an excessive fine in violation of the Eighth Amendment to the

United States Constitution.

In this case of first impression as to the mental state required to prove a misdemeanor

violation of § 8278(a), we hold that the trial court properly determined the taking of undersized

Dungeness crabs in violation of this section to be a public welfare offense not requiring proof of

a mens rea. However, we also hold that under the circumstances of this case, the $47,000

forfeiture was excessive and disproportionate to the harm Estes caused in violation of the…