2509 - Damage to property.

     § 2509.  Damage to property.        (a)  General rule.--It is unlawful for any person while     hunting game or wildlife or taking furbearers of any kind to:            (1)  Cause or assist in causing damage or injury, in any        manner whatsoever, to either real or personal property of any        kind.            (2)  Leave gates or bars open.            (3)  Break down, destroy or injure fences.            (4)  Tear down or scatter rail, post, wood or stone        piles.            (5)  Harass, injure or kill livestock of any kind.            (6)  Hunt or trap in or upon unharvested buckwheat, corn,        sorghum or soybean fields without the permission of the owner        or person in charge of such property.        (b)  Additional restrictions.--In addition to the     restrictions imposed by subsection (a), it shall be unlawful for     any person hunting foxes by means of horses and hounds to hunt     on any land which is not controlled by them.        (c)  Removal of wounded game or wildlife.--Subsection (a)     shall not be construed to prevent the removal of mortally     wounded game or wildlife from its place of refuge in a rail,     post, wood or stone pile or fence if permission has first been     obtained from the owner or person in charge of the property and     the property is restored to the condition in which it was found.        (d)  Penalty.--A violation of this section is a summary     offense of the fifth degree, and, in addition, a violator shall     be liable for damages pursuant to subsection (e).        (e)  Costs for damages.--            (1)  Any person who shall cause damage to real or        personal property, including crops of any kind shall, upon        conviction, be sentenced to pay the penalty prescribed in        this section and, in addition thereto, shall be liable to        pay, upon demand of the person having legal control of the        property, the sum equal to the amount of the damages        determined by a court of competent jurisdiction.            (2)  The court may appoint a competent appraiser to        determine the amount of such damage. The amount of the damage        determined by the court shall be assessed against the        defendant and paid to the court for disposition. The court        shall deliver the amount collected to the person having legal        control over the land where the damage occurred.            (3)  The court-appointed appraiser shall be entitled to a        reasonable fee for services rendered which shall be assessed        against the defendant as additional costs for delivery to the        appraiser by the court.        Cross References.  Section 2509 is referred to in section     2741 of this title.