Full Statute Name:  Purdon's Pennsylvania Statutes and Consolidated Statutes. Title 34 Pa.C.S.A. Game. Chapter 23. Hunting and Furtaking. Subchapter A. General Provisions. § 2302. Interference with lawful taking of wildlife or other activities permitted by this title prohibited

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Primary Citation:  34 Pa.C.S.A. § 2302 Country of Origin:  United States Last Checked:  November, 2014 Alternate Citation:  PA ST 34 Pa.C.S.A. § 2302 Date Adopted:  1986
Summary:

This reflects Pennsylvania's hunter harassment law. It is unlawful for another person at the location where the activity is taking place to intentionally obstruct or interfere with the lawful taking of wildlife or other activities permitted by this title. Violation of this section is a summary offense of the second degree. A person adversely affected by prohibited activities may bring an action to restrain such conduct and to recover damages.

Statute Text: 


(a) General rule.--Except as otherwise provided in this title, it is unlawful for another person at the location where the activity is taking place to intentionally obstruct or interfere with the lawful taking of wildlife or other activities permitted by this title.

(a.1) Activities which violate section.--A person violates this section when he intentionally or knowingly:

(1) drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife where another person is engaged in the process of lawfully taking wildlife or other permitted activities;

(2) blocks, impedes or otherwise harasses another person who is engaged in the process of lawfully taking wildlife or other permitted activities;

(3) uses natural or artificial visual, aural, olfactory or physical stimuli to affect wildlife behavior in order to hinder or prevent the lawful taking of wildlife or other permitted activities;

(4) creates or erects barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife or other permitted activities may occur;

(5) interjects himself into the line of fire;

(6) affects the condition or placement of personal or public property intended for use in the lawful taking of wildlife or other permitted activities in order to impair its usefulness or prevent its use;

(7) enters or remains upon public lands or upon private lands without permission of the owner or their agent, with intent to violate this section; or

(8) fails to obey the order of any officer whose duty it is to enforce any of the laws of this Commonwealth where such officer observes any conduct which violates this section or has reasonable grounds to believe that any person intends to engage in such conduct.

(b) Enforcement and recovery of damages.--The commission or any person who is lawfully engaged in the taking, hunting or trapping of game or wildlife who is directly affected by a violation of this section may bring an action to restrain conduct declared unlawful in this section and to recover damages.

(c) Exceptions.--The conduct declared unlawful in this section does not include any activities arising from lawful activity by other land uses, including farming, mining, forestry practices, recreation or any other activities when it is evident that such activities are not intended to violate this section.

(d) Penalties.--A violation of this section is a summary offense of the second degree.

CREDIT(S)

1986, July 8, P.L. 442, No. 93, § 1, effective July 1, 1987. Amended 1992, May 28, P.L. 262, No. 45, § 1, effective July 1,1992.

 

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