2010 Pennsylvania Code
Title 34 - GAME
Chapter 21 - Game or Wildlife Protection
2141 - Killing game or wildlife to protect person.


                               SUBCHAPTER C
             DESTRUCTION OF GAME OR WILDLIFE IN SELF-DEFENSE

     Sec.
     2141.  Killing game or wildlife to protect person.
     § 2141.  Killing game or wildlife to protect person.
        (a)  General rule.--It is unlawful for a person to kill any
     game or wildlife as a means of protection unless it is clearly
     evident from all the facts that a human is endangered to a
     degree that the immediate destruction of the game or wildlife is
     necessary.
        (b)  Report, safekeeping and investigation.--A person killing
     any game or wildlife under this subchapter shall report the
     event to an officer as soon as possible following the incident
     but in no case later than 24 hours, provide for safekeeping of
     the game or wildlife intact at the place where it was killed and
     be available for interview by the officer. The person killing
     the game or wildlife shall answer, without evasion, any
     pertinent questions of the officer making the investigation.
        (c)  Exoneration.--At the conclusion of any investigation
     when any game or wildlife is allegedly killed as protection to a
     person, the officer may exonerate the person for the otherwise
     unlawful killing of the game or wildlife. In all cases the
     officer shall seize and dispose of the game or wildlife as
     required by this title or upon instructions of the director.
        (d)  Prosecution.--Any officer making an investigation when
     game or wildlife was allegedly killed as a protection to a
     person shall proceed with prosecution as though the game or
     wildlife was unlawfully killed if the officer is dissatisfied
     with the explanation of the person killing the game or wildlife
     or if the physical facts of the killing do not support and
     sustain the facts alleged by the person killing the game or
     wildlife.
        (e)  Penalties.--A violation of this section relating to:
            (1)  Threatened or endangered species is a misdemeanor of
        the third degree.
            (2)  Elk or bear is a summary offense of the first
        degree.
            (3)  Deer is a summary offense of the second degree.
            (4)  Bobcat or otter is a summary offense of the third
        degree.
            (5)  Wild turkey or beaver is a summary offense of the
        fourth degree.
            (6)  Any other game or wildlife is a summary offense of
        the fifth degree.

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