In California, It's Illegal To Kill One Very Specific Type Of Venomous, Deadly Snake

So we all know that snakes should be given the widest berth possible, right? This is true even if you think you know what kind of snake that you're looking at, as venomous snakes like the coral snake can be easily mistaken for non-venomous snakes like the milk snake. And if you're in California, you've got to be extra careful. Not only can California's red diamond rattlesnake kill you, killing one of them can cost you civil penalties of max $25,000 and up to six months in prison, with criminal penalties up to $50,000 and a year in prison. That's because red diamond rattlesnakes are endangered and therefore protected under the 1973 Endangered Species Act.

As a federal set of statutes, the Endangered Species Act isn't exclusive to California. It just so happens that red diamond rattlesnakes slither around California, a state that otherwise has a pretty easy-going attitude towards killing other kinds of rattlesnakes. With the exception of the red diamond, it's legal to take (meaning capture or kill) and keep in captivity all other varieties of rattlesnake. Even if the very venomous red diamond rattlesnake is on your property and threatening your life or your loved one's lives, you can't harm it or even capture it.

While this is dumb for Californians, what does it mean for travelers? It means take care in the Baja peninsula, because that's largely where the red diamond rattlesnake lives — and through parts of San Diego county (and Tijuana, Mexico). And don't think water will save you. Its northern cousin, the northern red diamond rattlesnake that's been seen as far north as Riverside, east of LA and up to 5,000 feet elevation, can cross through water.

Whether you're a first-time venturer in California or a lifetime local, staying safe from red diamond rattlesnakes necessitates learning about them. If you're trekking around Yosemite, you don't have to worry about them (although you should worry about extremely dangerous, life-threatening trails and possibly boar-pig hybrids rampaging through the underbrush). If you're walking down Hollywood Boulevard you don't have to worry about them. But if you're strolling around San Diego county or the Baja peninsula, even on an otherwise peaceful natural strip like Navajo Canyon? You've got to worry about them — especially during mating season late February through April.

Unless they're slinking around and looking for a mate, though, red diamond rattlesnakes are hard to spot. With their pink to red-brick and brown hues, they blend into their preferred sandy, rocky environment quite well, no matter that they stretch up to 5.5 feet in adulthood (when the toxicity of their venom reaches 15 times the potency of a youth). While they can certainly lunge out and bite a slow, lumbering human with ease, they prefer to be left alone. Hence the rattle warning you to back off. 

If you do happen to spot one — they're marked with white diamond-shaped outlines along their backs and have black and white bands above the rattle — you should avoid it by all means. If you're within 10 feet, back away slowly and calmly. If one bites you, call 911 and don't flap around, otherwise the venom will spread more quickly. For better or worse, you'll have to ignore the very human instinct driving you to stomp your assailant to death — unless you want to deal with a fine and possible prison time on top of an ER visit.