2321 - Unlawful killing or taking of big game.

                               SUBCHAPTER B                             HUNTING BIG GAME     Sec.     2321.  Unlawful killing or taking of big game.     2322.  Prohibited devices and methods.     2323.  Tagging and reporting big game kills.     2324.  Roster of parties hunting big game.     2325.  Cooperation after lawfully killing big game.     2326.  Excess kill of big game.     2327.  Subsequent kill if big game unfit for human consumption.     2328.  Shipping or transporting big game.     2329.  Additional penalty for poaching (Repealed).     § 2321.  Unlawful killing or taking of big game.        (a)  General rule.--Except as provided in this title or by     regulation of the commission, it is unlawful for any person to:            (1)  Take, injure, kill, possess or transport or        knowingly or intentionally aid, abet, assist, attempt or        conspire in any manner to take, injure, kill, possess or        transport any big game animal during closed season.            (2)  Take, injure, kill, possess or transport or        knowingly or intentionally aid, abet, assist, attempt or        conspire in any manner to take, injure, kill, possess or        transport any big game animal beyond established daily or        season limits.            (3)  (Deleted by amendment.)        (b)  Exception.--This section shall not be construed to     prohibit the transportation or possession of one or more big     game animals which are lawfully killed and properly tagged.        (c)  Evidence of unlawful killing.--Unless the head is     attached in a natural manner and properly tagged as provided in     section 2323 (relating to tagging and reporting big game kills),     the possession, transportation or control of any big game or a     part or parts of such big game shall be prima facie evidence     that the big game was unlawfully killed within this     Commonwealth. Under such circumstances, the person possessing,     transporting or controlling the big game shall immediately, upon     demand of an officer of the commission, produce the head of the     big game or the name and address of the person killing the big     game or other satisfactory evidence that the carcass in     possession or under the person's control is part of a lawfully     taken big game.        (d)  Penalty.--            (1)  (i)  Except as otherwise provided in paragraph (2),            a violation of this section or a second violation of this            section during the same criminal episode is a misdemeanor            and may result in forfeiture of the privilege to hunt or            take wildlife anywhere within this Commonwealth for a            period of five years.                (ii)  A third or fourth violation of this section            during the same criminal episode or a second violation of            this section within a seven-year period is a misdemeanor            of the first degree and may result in forfeiture of the            privilege to hunt or take wildlife anywhere within this            Commonwealth for a period of ten years.                (iii)  A fifth or subsequent violation of this            section during the same criminal episode or third offense            within a seven-year period is a felony of the third            degree and may result in forfeiture of the privilege to            hunt or take wildlife anywhere within this Commonwealth            for a period of 15 years.            (2)  (i)  A violation of subsection (a)(1) or (2) where            the species is a single white-tailed deer or a single            wild turkey is a summary offense of the first degree and            may result in forfeiture of the privilege to hunt or take            wildlife anywhere within this Commonwealth for a period            of three years. A second violation of subsection (a)(1)            or (2) where the species is a single white-tailed deer or            a single wild turkey within a seven-year period is a            misdemeanor and may result in forfeiture of the privilege            to hunt or take wildlife anywhere within this            Commonwealth for a period of five years. A third offense            within a seven-year period where the species is a single            white-tailed deer or a single wild turkey is a            misdemeanor of the first degree and may result in the            forfeiture of the privilege to hunt or take wildlife            anywhere within this Commonwealth for a period of ten            years.                (ii)  (A)  A second violation of subsection (a)(1) or                (2) during the same criminal episode where the                species taken, injured, killed, possessed or                transported is white-tailed deer or wild turkey is a                misdemeanor and may result in forfeiture of the                privilege to hunt or take wildlife anywhere within                this Commonwealth for a period of five years.                    (B)  A third or fourth violation of subsection                (a)(1) or (2) during the same criminal episode where                the species is white-tailed deer or wild turkey is a                misdemeanor of the first degree and may result in                forfeiture of the privilege to hunt or take wildlife                anywhere within this Commonwealth for a period of ten                years.                    (C)  A fifth or subsequent violation of                subsection (a)(1) or (2) during the same criminal                episode where the species is white-tailed deer or                wild turkey is a felony of the third degree and may                result in forfeiture of the privilege to hunt or take                wildlife anywhere within this Commonwealth for a                period of 15 years.     (July 9, 2010, P.L.387, No.54, eff. 60 days)        2010 Amendment.  See section 6 of Act 54 in the appendix to     this title for special provisions relating to public notice.