ELR Citation: ELR 20356
No(s). 84-1213 (6th Cir. Apr 3, 1985)

The court rules that the absence of a requirement of criminal intent in Migratory Bird Treaty Act (MBTA) §6(b)(2), which makes the sale of migratory birds in violation of MBTA a felony, violates the Due Process Clause because the penalty is severe and conviction would irreparably damage one's reputation. The court refuses to read the element of scienter into §6(b)(2), a practice permissible only if the crime was borrowed from the common law. Given that a violation of the MBTA is a strict liability offense, the court turns to the due process issue. The elimination of the element of criminal intent does not violate the Due Process Clause only if the penalty is relatively small and the conviction does not gravely besmirch. The court holds that §6(b)(2) fails this test because it provides for a substantial penalty, and a felony conviction irreparably damages one's reputation.

Counsel for Appellant
Claire L. McGuire, Dirk D. Snel
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2855

Counsel for Appellee
Anthony J. Valentine
140 Union Ave. NE, Grand Rapids MI 49503
(616) 458-1181

Before: CONTIE, KRUPANSKY, and MILBURN, Circuit Judges.