2012 Pennsylvania Consolidated Statutes
Title 34 - GAME
Chapter 23 - Hunting and Furtaking
Section 2321 - Unlawful killing or taking of big game

                               SUBCHAPTER B
                             HUNTING BIG GAME

     Sec.
     2321.  Unlawful killing or taking of big game.
     2322.  Prohibited devices and methods.
     2323.  Tagging and reporting big game kills.
     2324.  Roster of parties hunting big game.
     2325.  Cooperation after lawfully killing big game.
     2326.  Excess kill of big game.
     2327.  Subsequent kill if big game unfit for human consumption.
     2328.  Shipping or transporting big game.
     2329.  Additional penalty for poaching (Repealed).
     § 2321.  Unlawful killing or taking of big game.
        (a)  General rule.--Except as provided in this title or by
     regulation of the commission, it is unlawful for any person to:
            (1)  Take, injure, kill, possess or transport or
        knowingly or intentionally aid, abet, assist, attempt or
        conspire in any manner to take, injure, kill, possess or
        transport any big game animal during closed season.
            (2)  Take, injure, kill, possess or transport or
        knowingly or intentionally aid, abet, assist, attempt or
        conspire in any manner to take, injure, kill, possess or
        transport any big game animal beyond established daily or
        season limits.
            (3)  (Deleted by amendment).
        (b)  Exception.--This section shall not be construed to
     prohibit the transportation or possession of one or more big
     game animals which are lawfully killed and properly tagged.
        (c)  Evidence of unlawful killing.--Unless the head is
     attached in a natural manner and properly tagged as provided in
     section 2323 (relating to tagging and reporting big game kills),
     the possession, transportation or control of any big game or a
     part or parts of such big game shall be prima facie evidence
     that the big game was unlawfully killed within this
     Commonwealth. Under such circumstances, the person possessing,
     transporting or controlling the big game shall immediately, upon
     demand of an officer of the commission, produce the head of the
     big game or the name and address of the person killing the big
     game or other satisfactory evidence that the carcass in
     possession or under the person's control is part of a lawfully
     taken big game.
        (d)  Penalty.--
            (1)  (i)  Except as otherwise provided in paragraph (2),
            a violation of this section or a second violation of this
            section during the same criminal episode 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.
                (ii)  A third or fourth violation of this section
            during the same criminal episode or a second violation of
            this section within a seven-year period is a misdemeanor
            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 ten years.
                (iii)  A fifth or subsequent violation of this
            section during the same criminal episode or 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 wildlife anywhere within this Commonwealth
            for a period of 15 years.
            (2)  (i)  A violation of subsection (a)(1) or (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)(1)
            or (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.
                (ii)  (A)  A second violation of subsection (a)(1) or
                (2) during the same criminal episode where the
                species taken, injured, killed, possessed or
                transported is white-tailed deer or wild turkey 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.
                    (B)  A third or fourth violation of subsection
                (a)(1) or (2) during the same criminal episode where
                the species is white-tailed deer or wild turkey is a
                misdemeanor 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 ten
                years.
                    (C)  A fifth or subsequent violation of
                subsection (a)(1) or (2) during the same criminal
                episode where the species is white-tailed deer or
                wild turkey is a felony of the third degree and may
                result in forfeiture of the privilege to hunt or take
                wildlife anywhere within this Commonwealth for a
                period of 15 years.
     (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.