(a) Unless otherwise provided in this Act, any person who for profit or commercial purposes knowingly captures, kills, possesses, offers for sale, sells, offers to barter, barters, offers to purchase, purchases, delivers for shipment, ships, exports, imports, causes to be shipped, exported, or imported, delivers for transportation, transports, or causes to be transported, carries or causes to be carried, or receives for shipment, transportation, carriage, or export any herptile taxa, in whole or in part, protected under this Act and the financial value of that herptile, in whole or in part, is valued: (1) at or in excess of a total of $300 as calculated according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) of Section 105-95 of this Act is guilty of a Class 3 felony; or (2) less than the total of $300 as calculated according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) of Section 105-95 of this Act is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. (b) The possession of any herptile, in whole or in part, captured or killed in violation of this Act that is valued at or in excess of $600 under the provisions of subsection (b) of Section 105-95 of this Act shall be considered prima facie evidence of possession for profit or commercial purposes. according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) of Section 105-95 of this Act is guilty of a Class 3 felony; or according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) of Section 105-95 of this Act is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. (510 ILCS 68/Art. 95 heading) ARTICLE 95. CIVIL LIABILITY AND IMMUNITY
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