Pennsylvania's Game and Wildlife Code (Title 34)

Pennsylvania's Game and Wildlife Code (Title 34)

Charges filed pursuant to Pennsylvania’s Game and Wildlife Code are interesting for several reasons. First, they are somewhat uncommon and typically have very unusual facts. Second, it is curious how the legislature grades these offenses and drafted these rules. Third, there are special rules that apply to the officers enforcing these laws. Finally, it is also interesting to follow these rules as public policy shifts towards increased protection of animals.  

 

Offense Grading & Penalties

 

Violations of Pennsylvania’s Game and Wildlife code are graded as special felony, misdemeanor, and summary offenses.

 

Felony violations of Pennsylvania’s Game and Wildlife Code

The most severe crimes within the Game and Wildlife Code are graded as Felonies of the third degree. The maximum penalties for these felonies is 36 months imprisonment and a fine up to $15,000.

There are only a few felony game offenses in Pennsylvania and in the felony grading is reserved for at least a third or subsequent violation of an offense within a seven-year period or during the same criminal episode. See, e.g., 34 Pa.C.S. § 2167(d)(3) (relating to endangered or threatened species); 34 Pa.C.S. § 2310(c)(2)(ii)(C) (concerning a fifth violation of the unlawful use of lights while hunting big game); 34 Pa.C.S. § 2312(d) (involving a fifth violation of buying and selling big game); 34 Pa.C.S. § 2321(d)(1)(iii) (relating to a fifth or subsequent violation of unlawful killing or taking of big game during the same criminal episode or third offense within a seven-year period).

A felony conviction may result in the forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 15 years.

Misdemeanor violations of Pennsylvania’s Game and Wildlife Code

Interestingly, it is a misdemeanor of the second degree to shoot another human causing serious bodily injury while hunting. It is a misdemeanor of the first degree to shoot and kill another human while hunting.

Misdemeanor of the first degree may be sentenced to imprisonment up to 18 months and a $10,000 fine.

Misdemeanor of the second degree have a 1-year maximum term of imprisonment and a $5,000 max fine.

Ungraded misdemeanors have a 6-month maximum term of imprisonment up to six months.

Summary violations of Pennsylvania’s Game and Wildlife Code

Most violations of Pennsylvania’s Game and Wildlife code are summary offenses. However, within Title 34, summary offenses are given eight (8) different gradings:

 

Summary offense of the first degree – not less than $1,000 nor more than $1,500 fine and up to 90 days jail.

 

Summary offense of the second degree – not less than $400 nor more than $800 and may be sentenced to imprisonment up to 30 days.

Summary offense of the third degree, not less than $250 nor more than $500 fine.

Summary offense of the fourth degree, not less than $150 nor more than $300 fine.

Summary offense of the fifth degree, not less than $100 nor more than $200 fine.

Summary offense of the sixth degree is a $75 fine.

Summary offense of the seventh degree is a $50 fine.

Summary offense of the eighth degree is a $25 fine.

 

Contact Lampman Law to Defend Title 34, Game and Wildlife Charges

I have successfully defended Title 34 cases and I am eager to help you defend any charges relating to Pennsylvania’s Game and Wildlife code. I am confident that I will help you resolve these charges in a positive manner. If you decide to hire me I will carefully listen to your side of the story, personally answer your calls, return calls promptly. As with every case I handle, I will conduct a full investigation, so I can properly advise you and defend your case. In sum, I will handle all aspects of your case with careful attention to every detail. 

Please contact me at 570-371-3737 if you have any questions. I would like to discuss your case with you and meet you in person. I offer a free consultation and can visit you upon your request. My fees are reasonable and payment plans (including credit card payment) can be arranged.

2 Public Square, Wilkes-Barre, PA 18701

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Lampman Law practices criminal defense and civil rights in the Counties of: Bradford, Carbon, Clinton, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Pike, Schuylkill, Snyder, Sullivan, Susquehanna, Union, Wayne, Wyoming. Lampman Law Office is located in Wilkes-Barre, Luzerne County, Pennsylvania.

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