2012 Pennsylvania Consolidated Statutes
Title 34 - GAME
Chapter 23 - Hunting and Furtaking
Section 2310 - Unlawful use of lights while hunting

     § 2310.  Unlawful use of lights while hunting.
        (a)  General rule.--Except as set forth in subsection (b), it
     is unlawful for any person or group of persons to engage in any
     of the following activities to any degree:
            (1)  Cast the rays of an artificial light of any kind on
        any game or wildlife or in an attempt to locate any game or
        wildlife while on foot, in any vehicle or its attachments, or
        any watercraft or any airborne craft while in possession of a
        firearm of any kind, or a bow or arrow, or any implement or
        device with which any game or wildlife could be killed or
        taken even though no game or wildlife is shot at, injured or
        killed.
            (2)  Intentionally or knowingly act, aid, assist or
        conspire either in the killing or taking or in an attempt to
        kill, take, possess, transport or conceal any game or
        wildlife or a part thereof which has been killed or taken by
        use of any artificial light.
            (3)  Operate, allow or permit any vehicle or its
        attachments, any watercraft or any airborne craft to be used
        for killing or taking or attempting to kill or take any game
        or wildlife by using the rays of any artificial light.
        (b)  Exceptions.--The provisions of subsection (a) shall not
     apply to:
            (1)  (i)  A person on foot who uses a flashlight or
            spotlight held in the hand, worn on the head or mounted
            on a firearm to take furbearers, if the sole source of
            power for the flashlight or spotlight is contained within
            the flashlight or spotlight or on the person.
                (ii)  For the purposes of this paragraph, a
            flashlight or spotlight mounted on a firearm shall not
            include a device that projects a beam of laser light to
            indicate the intended point of impact for one or more
            projectiles discharged from the firearm.
            (2)  Any political subdivision, its employees or agents,
        which has a valid deer control permit issued under section
        2902(c) (relating to general categories of permits).
        (c)  Penalties.--
            (1)  A violation of subsection (a)(1) is a summary
        offense of the fifth degree.
            (2)  A violation of subsection(a)(2) or (3) relating to:
                (i)  Threatened or endangered species shall be graded
            as follows:
                    (A)  A first offense is a misdemeanor of the
                second degree and may result in forfeiture of the
                privilege to hunt or take game or wildlife anywhere
                in this Commonwealth for a period of seven years.
                    (B)  A second offense within a seven-year period
                or during the same criminal episode as the first
                offense is a misdemeanor of the first degree and may
                result in forfeiture of the privilege to hunt or take
                game or wildlife anywhere within this Commonwealth
                for a period of ten years.
                    (C)  A third or subsequent violation within a
                seven-year period or during the same criminal episode
                of a first or second offense is a felony of the third
                degree and may result in forfeiture of the privilege
                to hunt or take wildlife within this Commonwealth for
                a period of 15 years.
                (ii)  Big game animals shall be graded as follows:
                    (A)  A first offense or a second offense during
                the same criminal episode is a misdemeanor and may
                result in forfeiture of the privilege to hunt or take
                game or wildlife anywhere within this Commonwealth
                for a period of five years.
                    (B)  A second offense within a seven-year period
                or a third or fourth offense during the same criminal
                episode is a misdemeanor of the first degree and may
                result in the forfeiture of the privilege to hunt or
                take game or wildlife anywhere within this
                Commonwealth for a period of ten years.
                    (C)  A fifth or subsequent offense during the
                same criminal episode or a third offense within a
                seven-year period is a felony of the third degree and
                may result in forfeiture of the privilege to hunt or
                take game or wildlife anywhere within this
                Commonwealth for a period of 15 years.
                (iii)  A violation of subsection (a)(2) where the
            species is a single white-tailed deer or a single wild
            turkey is a summary offense of the first degree and may
            result in forfeiture of the privilege to hunt or take
            wildlife anywhere within this Commonwealth for a period
            of three years. A second violation of subsection (a)(2)
            where the species is a single white-tailed deer or a
            single wild turkey within a seven-year period is a
            misdemeanor and may result in forfeiture of the privilege
            to hunt or take wildlife anywhere within this
            Commonwealth for a period of five years. A third offense
            within a seven-year period where the species is a single
            white-tailed deer or a single wild turkey is a
            misdemeanor of the first degree and may result in the
            forfeiture of the privilege to hunt or take wildlife
            anywhere within this Commonwealth for a period of ten
            years.
                (iv)  Any other game or wildlife is a summary offense
            of the first degree and may result in the forfeiture of
            the privilege to hunt or take game or wildlife anywhere
            within this Commonwealth for a period of three years.
        (d)  Contraband.--Any craft or vehicle or attachments
     thereto, and all artificial lights and any firearm or
     paraphernalia being unlawfully used, and any game or wildlife
     unlawfully taken, killed or possessed are contraband.
     (Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996,
     P.L.1442, No.184, eff. 60 days; July 3, 2007, P.L.79, No.26,
     eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days)

        2010 Amendment.  Act 54 amended subsecs. (a)(2) and (c). See
     section 6 of Act 54 in the appendix to this title for special
     provisions relating to public notice.
        2007 Amendment.  Act 26 amended subsecs. (b) and (c). Section
     2 of Act 26 provided that Act 26 shall apply to offenses
     committed on or after the effective date of section 2.