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§ 925. Jurisdiction and penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 34 Pa.C.S.A. GameEffective: December 24, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 34 Pa.C.S.A. Game (Refs & Annos)
Chapter 9. Enforcement
Subchapter B. Prosecution and Penalties
Effective: December 24, 2012
34 Pa.C.S.A. § 925
§ 925. Jurisdiction and penalties
Currentness
(a) Jurisdiction.--Notwithstanding the provisions of Title 42 (relating to judiciary and judicial procedure), all magisterial district judges shall have jurisdiction for all violations of this title which are classified as summary offenses and may accept guilty pleas and impose sentences for violations of this title classified as ungraded misdemeanors.
(b) Fines and penalties for violations.--In addition to any other requirements of this title, the following fines and penalties shall be imposed for violations of this title:
(1) Felony of the third degree, not more than $15,000 and may be sentenced to imprisonment up to 36 months.
(2) Misdemeanor of the first degree, not more than $10,000 and may be sentenced to imprisonment up to 18 months.
(3) Misdemeanor of the second degree, not more than $5,000 and may be sentenced to imprisonment up to 12 months.
(4) Misdemeanor not more than $3,000 and may be sentenced to imprisonment up to six months.
(5) Summary offense of the first degree, not less than $1,000 nor more than $1,500 and may be sentenced to imprisonment up to three months.
(6) Summary offense of the second degree, not less than $400 nor more than $800 and may be sentenced to imprisonment up to one month.
(7) Summary offense of the third degree, not less than $250 nor more than $500.
(8) Summary offense of the fourth degree, not less than $150 nor more than $300.
(9) Summary offense of the fifth degree, not less than $100 nor more than $200.
(10) Summary offense of the sixth degree, $75.
(11) Summary offense of the seventh degree, $50.
(12) Summary offense of the eighth degree, $25.
(b.1) Costs of prosecution for violations.--In addition to the imposition of any fines and penalties, costs of prosecution shall be assessed pursuant to 42 Pa.C.S. §§ 1725.1 (relating to costs), 3571 (relating to Commonwealth portion of fines, etc.) and section 1403 of the act of August 9, 1955 (P.L. 323, No. 130),1 known as The County Code, and as otherwise deemed appropriate by the court.
(c) Penalty for undesignated violations.--A person who violates any provision of this title for which a particular penalty is not designated commits:
(1) A misdemeanor of the second degree if the violation involves an endangered or threatened species and no more severe penalty is fixed.
(2) A summary offense of the fifth degree for any other violation.
(d) Enhanced penalties for certain violations.--If applicable, one or more of the following may apply to certain offenses:
(1) An additional fine of one and one-half times the amount of the applicable fine may be imposed when the offense is a second or subsequent offense within a seven-year period or during the same criminal episode and no penalties for second or subsequent offenses are prescribed for the violation under this title.
(2) An additional fine of $500 may be imposed when the offense involves the unlawful taking of big game or threatened or endangered species and a witness report was instrumental in securing a successful conviction. Any additional fines imposed under this paragraph shall be directed to the commission to compensate any witness whose report directly results in a successful conviction. If applicable, each witness, up to a maximum of two, shall be compensated $250 for each additional $500 imposed.
(e) Installment payment of fines.--Upon a plea and proof that person is unable to pay any fine and costs imposed under this title, a court may, in accordance with 42 Pa.C.S. § 9758 (relating to fine), permit installment payments it considers appropriate to the circumstances of the person, in which case its order shall specify when each installment payment is due.
(f) Nonpayment of fines and costs.--Unless otherwise provided in this title, each person who fails to pay any fines and costs imposed may, after a hearing before a magisterial district judge, be imprisoned until the fines and costs are paid in full. The court may imprison the person for a number of days equal to one day for each $40 of the unpaid balance of the fines and costs not to exceed six months.
(g) Adjudication alternative program inapplicable.--The provisions of 42 Pa.C.S. § 1520 (relating to adjudication alternative program) shall not be applied as an adjudication alternative for any violation or offense under this title.
(h) Separate offenses.--Where game or wildlife is unlawfully taken, killed, wounded, possessed, transported, purchased, concealed or sold, each bird or animal or part thereof involved in the violation constitutes a separate offense.
(i) Replacement costs.--In addition to the fines and costs imposed for violations pursuant to subsection (b), the costs incurred by the commission for the replacement of the species involved in the violation shall be assessed by the magisterial district judge in such amount as is fixed by regulation of the commission. Replacement costs shall only be assessed for violations relating to threatened or endangered species of North American game or wildlife and such other species of Pennsylvania game or wildlife as designated by the commission.
(j) Title 18 inapplicable.--Title 18 (relating to crimes and offenses) is inapplicable to this title insofar as it relates to:
(1) intent, willfulness of conduct or fines and imprisonment for convictions of summary offenses and misdemeanors; or
(2) criminal records under 18 Pa.C.S. Ch. 91 (relating to criminal history record information) for misdemeanors under section 2522(b)(1) (relating to shooting at or causing injury to human beings).
(k) Impact on other laws.--A felony under this title shall not be deemed to constitute a felony for the purpose of any other law relating to disqualification from employment, loss of suffrage or for any other purpose.

Credits

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1996, Dec. 19, P.L. 1442, No. 184, § 4, effective in 60 days; 1998, Dec. 21, P.L. 1274, No. 166, § 3, effective July 1, 1999; 2003, Dec. 30, P.L. 436, No. 63, § 1, effective March 1, 2004; 2004, Nov. 30, P.L. 1618, No. 207, § 10, effective Jan. 31, 2005; 2010, July 9, P.L. 387, No. 54, § 3, effective in 60 days [Sept. 7, 2010]; 2012, Oct. 24, P.L. 1205, No. 150, § 4, effective in 60 days [Dec. 24, 2012].

Footnotes

1
16 P.S. § 1403.
34 Pa.C.S.A. § 925, PA ST 34 Pa.C.S.A. § 925
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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