§ 2314. Trespass on private property while hunting.

516 words·~2 min read·/pa/title-34/chapter-23/2314

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Trespass.-- 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:

(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;

(2)enters or remains on any land of another without authorization and defies an order not to enter or to leave 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, in accordance with 18 Pa.C.S. § 3503(b)(1)(vi) (relating to criminal trespass).

(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.

(1)(Deleted by amendment).

(2)(Deleted by amendment).

(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 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.

(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 five years.

(c.1) Restoration.-- Upon the dismissal or dropping of charges under this section against a person, or upon a finding that a person is not guilty of a violation of this section, the person's privilege to hunt or take game or wildlife within this Commonwealth shall immediately be restored.

(d)Enforcement.-- The director shall authorize the police department of each municipal corporation to assist in the enforcement of this section as necessary, in addition to those under section 903 (relating to delegation of enforcement powers).

34c2314v

(Dec. 22, 2005, P.L.467, No.90, eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days; Nov. 27, 2019, P.L.739, No.107, eff. 90 days; July 9, 2025, P.L.122, No.36, eff. 60 days)

2025 Amendment. Act 36 amended subsecs.

(a)and

(c)and added subsec. (c.1).

2010 Amendment. See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.

34c2315s