2010 Pennsylvania Code
Title 34 - GAME
Chapter 9 - Enforcement
925 - Jurisdiction and penalties.

     § 925.  Jurisdiction and penalties.
        (a)  Jurisdiction.--Notwithstanding the provisions of Title
     42 (relating to judiciary and judicial procedure), all
     magisterial district judges shall have jurisdiction for all
     violations of this title which are classified as summary
     offenses and may accept guilty pleas and impose sentences for
     violations of this title classified as misdemeanors.
        (b)  Fines and penalties for violations.--In addition to any
     other requirements of this title, the following fines and
     penalties shall be imposed for violations of this title:
            (1)  Felony of the third degree, not more than $15,000
        and may be sentenced to imprisonment up to 36 months.
            (2)  Misdemeanor of the first degree, not more than
        $10,000 and may be sentenced to imprisonment up to 18 months.
            (3)  Misdemeanor of the second degree, not more than
        $5,000 and may be sentenced to imprisonment up to 12 months.
            (4)  Misdemeanor not more than $3,000 and may be
        sentenced to imprisonment up to six months.
            (5)  Summary offense of the first degree, not less than
        $1,000 nor more than $1,500 and may be sentenced to
        imprisonment up to three months.
            (6)  Summary offense of the second degree, not less than
        $400 nor more than $800 and may be sentenced to imprisonment
        up to one month.
            (7)  Summary offense of the third degree, not less than
        $250 nor more than $500.
            (8)  Summary offense of the fourth degree, not less than
        $150 nor more than $300.
            (9)  Summary offense of the fifth degree, not less than
        $100 nor more than $200.
            (10)  Summary offense of the sixth degree, $75.
            (11)  Summary offense of the seventh degree, $50.
            (12)  Summary offense of the eighth degree, $25.
        (b.1)  Costs of prosecution for violations.--In addition to
     the imposition of any fines and penalties, costs of prosecution
     shall be assessed pursuant to 42 Pa.C.S. §§ 1725.1 (relating to
     costs), 3571 (relating to Commonwealth portion of fines, etc.)
     and section 1403 of the act of August 9, 1955 (P.L.323, No.130),
     known as The County Code, and as otherwise deemed appropriate by
     the court.
        (c)  Penalty for undesignated violations.--A person who
     violates any provision of this title for which a particular
     penalty is not designated commits:
            (1)  A misdemeanor of the second degree if the violation
        involves an endangered or threatened species and no more
        severe penalty is fixed.
            (2)  A summary offense of the fifth degree for any other
        violation.
        (d)  Enhanced penalties for certain violations.--If
     applicable, one or more of the following may apply to certain
     offenses:
            (1)  An additional fine of one and one-half times the
        amount of the applicable fine may be imposed when the offense
        is a second or subsequent offense within a seven-year period
        or during the same criminal episode and no penalties for
        second or subsequent offenses are prescribed for the
        violation under this title.
            (2)  An additional fine of $500 may be imposed when the
        offense involves the unlawful taking of big game or
        threatened or endangered species and a witness report was
        instrumental in securing a successful conviction. Any
        additional fines imposed under this paragraph shall be
        directed to the commission to compensate any witness whose
        report directly results in a successful conviction. If
        applicable, each witness, up to a maximum of two, shall be
        compensated $250 for each additional $500 imposed.
        (e)  Installment payment of fines.--Upon a plea and proof
     that person is unable to pay any fine and costs imposed under
     this title, a court may, in accordance with 42 Pa.C.S. § 9758
     (relating to fine), permit installment payments it considers
     appropriate to the circumstances of the person, in which case
     its order shall specify when each installment payment is due.
        (f)  Nonpayment of fines and costs.--Unless otherwise
     provided in this title, each person who fails to pay any fines
     and costs imposed may, after a hearing before a magisterial
     district judge, be imprisoned until the fines and costs are paid
     in full. The court may imprison the person for a number of days
     equal to one day for each $40 of the unpaid balance of the fines
     and costs not to exceed six months.
        (g)  Adjudication alternative program inapplicable.--The
     provisions of 42 Pa.C.S. § 1520 (relating to adjudication
     alternative program) shall not be applied as an adjudication
     alternative for any violation or offense under this title.
        (h)  Separate offenses.--Where game or wildlife is unlawfully
     taken, killed, wounded, possessed, transported, purchased,
     concealed or sold, each bird or animal or part thereof involved
     in the violation constitutes a separate offense.
        (i)  Replacement costs.--In addition to the fines and costs
     imposed for violations pursuant to subsection (b), the costs
     incurred by the commission for the replacement of the species
     involved in the violation shall be assessed by the magisterial
     district judge in such amount as is fixed by regulation of the
     commission. Replacement costs shall only be assessed for
     violations relating to threatened or endangered species of North
     American game or wildlife and such other species of Pennsylvania
     game or wildlife as designated by the commission.
        (j)  Title 18 inapplicable.--Title 18 (relating to crimes and
     offenses) is inapplicable to this title insofar as it relates
     to:
            (1)  intent, willfulness of conduct or fines and
        imprisonment for convictions of summary offenses and
        misdemeanors; or
            (2)  criminal records under 18 Pa.C.S. Ch. 91 (relating
        to criminal history record information) for misdemeanors
        under section 2522(b)(1) (relating to shooting at or causing
        injury to human beings).
        (k)  Impact on other laws.--A felony under this title shall
     not be deemed to constitute a felony for the purpose of any
     other law relating to disqualification from employment, loss of
     suffrage or for any other purpose.
     (Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; Dec. 21, 1998,
     P.L.1274, No.166, eff. July 1, 1999; Dec. 30, 2003, P.L.436,
     No.63, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60
     days; July 9, 2010, P.L.387, No.54, eff. 60 days)

        2010 Amendment.  See section 6 of Act 54 in the appendix to
     this title for special provisions relating to public notice.
        Cross References.  Section 925 is referred to in section 2510
     of this title; section 2703 of Title 3 (Agriculture).