AN ACT

 

1Amending Title 34 (Game) of the Pennsylvania Consolidated
2Statutes, further providing for trespass on private property 
3while hunting.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 2314 of Title 34 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 2314. Trespass on private property while hunting.

9[(a) General rule.--Any person who while violating any
10provision of this title or any regulations promulgated under
11this title and who in addition is found to be trespassing as
12defined in 18 Pa.C.S. § 3503 (relating to criminal trespass)
13shall be in violation of this section.

14(b) Penalty.--A violation of this section:

15(1) A violation of this section is a summary offense of 
16the fifth degree.

17(2) A second or subsequent violation of this section 
18within a seven-year period is a summary offense of the fifth
 

1degree and may result in forfeiture of the privilege to hunt 
2or take game or wildlife anywhere within this Commonwealth 
3for a period of one year.]

4(a) General rule.--A person, while engaged in hunting or
5furtaking, commits an offense if knowing that the person is not
6licensed or privileged to do so the person:

7(1) enters or remains on any land of another without
8authorization to do so, when the land is posted in a manner
9prescribed by law or reasonably likely to come to the
10person's attention or is fenced or enclosed in a manner
11manifestly designed to exclude trespassers; or

12(2) enters or remains on any land of another without
13authorization and defies an order not to enter or to leave
14that has been personally communicated to the person by the
15owner of the land or other authorized person.

16(b) Penalty.--An offense under this subsection shall be
17graded as follows:

18(1) A person who violates subsection (a)(1) commits a
19misdemeanor of the third degree and shall, upon conviction,
20be sentenced to imprisonment for not more than one year and a
21fine of not less than $250.

22(2) A person who violates subsection (a)(2) commits a
23misdemeanor of the second degree and shall, upon conviction,
24be sentenced to imprisonment for not more than two years and
25a fine of not less than $500 nor more than $5,000.

26(3) Additional penalties.--A second or subsequent
27violation of this section within a seven-year period may
28result in forfeiture of the privilege to hunt or take game or
29wildlife anywhere within this Commonwealth for a period of
30one year.

1Section 2. This act shall take effect in 60 days.