§ 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.

Legislative History

(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.