The fine for hitting a goose in Illinois can reach $5,000 under state law, with a mandatory minimum of $500, plus a separate civil restitution payment of at least $50 per bird and the possibility of a federal fine up to $15,000 on top. Whether any of those penalties actually land on a driver depends on intent, and the Illinois Wildlife Code specifically singles out using a vehicle to pursue or take protected birds as one of the more serious violations.
Why Hitting a Goose Can Be a Crime
Geese are protected by two overlapping laws. The federal Migratory Bird Treaty Act makes it illegal to hunt, capture, kill, possess, sell, or transport any protected migratory bird without federal authorization, and Canada geese, snow geese, white-fronted geese, and brant all sit on the U.S. Fish and Wildlife Service’s covered-species list.1Office of the Law Revision Counsel. 16 USC 703 – Taking, Killing, or Possessing Migratory Birds Unlawful2U.S. Fish & Wildlife Service. List of Birds Protected by the Migratory Bird Treaty Act The Illinois Wildlife Code, 520 ILCS 5, adds a state-level layer and names vehicles directly in its list of prohibited methods for taking wildlife.3Illinois General Assembly. 520 ILCS 5/2.33 – Prohibitions
That is why a goose strike is not treated the way hitting most other animals is. The statute does not care that the weapon was a bumper rather than a shotgun; it cares whether a protected bird was taken by a prohibited method.
The Illinois Fine
Chasing or taking a protected bird with a vehicle is a Class A misdemeanor under the Wildlife Code, carrying a mandatory minimum fine of $500 and a maximum of $5,000.4Illinois General Assembly. 520 ILCS 5 – Wildlife Code A Class A misdemeanor in Illinois also carries up to 364 days in jail, though the Wildlife Code’s $5,000 ceiling overrides the general $2,500 fine cap that otherwise applies to Class A offenses.5Illinois General Assembly. 730 ILCS 5/5-4.5-55 – Class A Misdemeanor
The $500 floor is not discretionary. A judge cannot waive it or go below it once a conviction is entered under this section.
Civil Restitution on Top of the Fine
Anyone convicted of unlawfully taking a protected species in Illinois also owes a civil penalty to the Illinois Department of Natural Resources, calculated on the statutory value of the bird. Migratory game birds, which include most geese, carry a statutory minimum value of $50 each. Migratory non-game birds carry a $100 minimum.4Illinois General Assembly. 520 ILCS 5 – Wildlife Code The court uses fair market value or replacement cost, whichever is greater, with those figures acting as a floor. The restitution is paid directly to the IDNR at the time of conviction and is separate from the criminal fine.
Federal Fine Under the MBTA
A single incident can draw federal charges in addition to the state case. A standard misdemeanor violation of the Migratory Bird Treaty Act carries a fine of up to $15,000 for an individual and up to six months in prison.6Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties Federal and state prosecutions can proceed in parallel, so the exposures stack rather than substitute for one another.
The felony tier under the MBTA requires that the taking be done knowingly and with intent to sell or barter the bird, which is not a realistic framing for a roadway collision.
Does It Matter If the Strike Was an Accident?
This is the question every driver actually wants answered, and the honest reply is that it depends on the court.
Under Illinois law, the felony provisions of the Wildlife Code apply only when a taking is done “knowingly” and for commercial purposes, which rules out a felony charge for an ordinary collision.4Illinois General Assembly. 520 ILCS 5 – Wildlife Code The misdemeanor prohibitions in Section 2.33, including the vehicle provision, are written around the prohibited acts themselves rather than the driver’s mental state. In practice, prosecutors rarely pursue drivers who genuinely could not avoid a goose in the road, but the statute’s language leaves room for a charge where the conduct looks deliberate, such as swerving toward a flock or driving at birds on a shoulder.
Federal courts are split on whether the MBTA requires proof of intent for misdemeanor charges. Some circuits treat it as a strict-liability statute, meaning prosecutors do not have to show the driver meant to hit the bird. Others have held the Act reaches only purposeful actions directed at birds, like hunting and poaching, and not incidental harm from otherwise lawful activity. Illinois sits in the Seventh Circuit, and the specific facts of any case, together with the court’s reading of the MBTA, will shape whether a federal charge survives.
Ignorance of the law is not a defense under either the Wildlife Code or the MBTA. A reasonable belief that you were acting under a valid permit, or that the harm was genuinely unavoidable, can be raised and is evaluated case by case.
What to Do If You Hit a Goose
Do not take the bird with you. Possessing a dead migratory bird without authorization is itself a violation of both the MBTA and the Wildlife Code, so loading a struck goose into your trunk converts an accident into a possession offense.
Reports of wildlife violations, including witnessed strikes you believe were deliberate, go to the IDNR poaching hotline at 1-877-236-7529, which also accepts reports through an online form.7Illinois Department of Natural Resources. Target Illinois Poachers Suspected federal violations can be reported to the U.S. Fish and Wildlife Service at fws.gov/wildlife-crime-tips or (844) 397-8477.
If you were the driver and the collision caused significant vehicle damage or injury, treat it like any other crash: pull over safely, call local law enforcement, and document what happened. A clear account of road conditions and the bird’s sudden appearance is the record a prosecutor or your attorney will later rely on if any question of intent comes up.