2010 Pennsylvania Code
Title 34 - GAME
Chapter 25 - Protection of Property and Persons
2509 - Damage to property.

     § 2509.  Damage to property.
        (a)  General rule.--It is unlawful for any person while
     hunting game or wildlife or taking furbearers of any kind to:
            (1)  Cause or assist in causing damage or injury, in any
        manner whatsoever, to either real or personal property of any
        kind.
            (2)  Leave gates or bars open.
            (3)  Break down, destroy or injure fences.
            (4)  Tear down or scatter rail, post, wood or stone
        piles.
            (5)  Harass, injure or kill livestock of any kind.
            (6)  Hunt or trap in or upon unharvested buckwheat, corn,
        sorghum or soybean fields without the permission of the owner
        or person in charge of such property.
        (b)  Additional restrictions.--In addition to the
     restrictions imposed by subsection (a), it shall be unlawful for
     any person hunting foxes by means of horses and hounds to hunt
     on any land which is not controlled by them.
        (c)  Removal of wounded game or wildlife.--Subsection (a)
     shall not be construed to prevent the removal of mortally
     wounded game or wildlife from its place of refuge in a rail,
     post, wood or stone pile or fence if permission has first been
     obtained from the owner or person in charge of the property and
     the property is restored to the condition in which it was found.
        (d)  Penalty.--A violation of this section is a summary
     offense of the fifth degree, and, in addition, a violator shall
     be liable for damages pursuant to subsection (e).
        (e)  Costs for damages.--
            (1)  Any person who shall cause damage to real or
        personal property, including crops of any kind shall, upon
        conviction, be sentenced to pay the penalty prescribed in
        this section and, in addition thereto, shall be liable to
        pay, upon demand of the person having legal control of the
        property, the sum equal to the amount of the damages
        determined by a court of competent jurisdiction.
            (2)  The court may appoint a competent appraiser to
        determine the amount of such damage. The amount of the damage
        determined by the court shall be assessed against the
        defendant and paid to the court for disposition. The court
        shall deliver the amount collected to the person having legal
        control over the land where the damage occurred.
            (3)  The court-appointed appraiser shall be entitled to a
        reasonable fee for services rendered which shall be assessed
        against the defendant as additional costs for delivery to the
        appraiser by the court.

        Cross References.  Section 2509 is referred to in section
     2741 of this title.