PRINTER'S NO. 1379
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1087
Session of
2024
INTRODUCED BY ROTHMAN, VOGEL, DUSH AND CULVER, FEBRUARY 21, 2024
REFERRED TO GAME AND FISHERIES, FEBRUARY 21, 2024
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in hunting and furtaking, further providing for the
offense of trespass on private property while hunting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2314(a), (b) and (c) of Title 34 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 2314. Trespass on private property while hunting.
(a) General rule.--A person, while engaged in hunting or
furtaking, commits an offense if, knowing that the person is not
licensed or privileged to do so, the person or a dog used by the
person for hunting or furtaking:
(1) enters or remains on any land of another without
authorization to do so, when the land is posted in a manner
prescribed by law or reasonably likely to come to the
person's attention [or is fenced or enclosed in a manner
manifestly designed to exclude trespassers; or];
(2) enters or remains on any land of another without
authorization and defies an order not to enter or to leave
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that has been personally communicated to the person by the
owner of the land or other authorized person[.];
(3) enters or remains on any land of another without
authorization to do so, when the land is fenced or enclosed
in a manner manifestly designed to exclude trespassers; or
(4) subject to subsection (b), enters or remains on any
land of another without authorization to do so when notice
against trespass is given by the placement of identifying
purple paint marks on trees or posts on the property, which
are:
(i) vertical lines of not less than eight inches in
length and not less than one inch in width;
(ii) placed in a manner so that the bottom of the
mark is not less than three feet from the ground and not
more than five feet from the ground; and
(iii) placed at locations that are readily visible
to a person approaching the property and no more than 100
feet apart.
(b) Applicability.--[This section shall not apply to an
unarmed person who enters onto posted property for the sole
purpose of retrieving a hunting dog.] Subsection (a)(4) shall
not apply in a county of the first class or a county of the
second class .
(c) Penalty.--An offense under this section shall be graded
as follows:
(1) A person who violates subsection (a)(1), (3) or (4)
commits a summary offense of the [third degree.] second
degree and may result in forfeiture of the privilege to hunt
or take game or wildlife anywhere within this Commonwealth
for a period of up to one year .
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(2) A person who violates subsection (a)(2) commits a
misdemeanor[.] and shall result in forfeiture of the
privilege to hunt or take game or wildlife anywhere within
this Commonwealth for a period of three years .
(3) A person who commits a second or subsequent
violation of this section within a seven-year period commits
a misdemeanor, and the second or subsequent violation shall
result in forfeiture of the privilege to hunt or take game or
wildlife anywhere within this Commonwealth for a period of
[one year] five years.
* * *
Section 2. This act shall take effect in 60 days.
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