(a) General rule.--A person, while engaged in hunting or furtaking, commits an offense if, knowing that the person is not licensed or privileged to do so, the person:

(1) enters or remains on any land of another without authorization to do so, when the land is posted in a manner prescribed by law or reasonably likely to come to the person's attention or is fenced or enclosed in a manner manifestly designed to exclude trespassers; or

(2) enters or remains on any land of another without authorization and defies an order not to enter or to leave that has been personally communicated to the person by the owner of the land or other authorized person.

(b) Applicability.--This section shall not apply to an unarmed person who enters onto posted property for the sole purpose of retrieving a hunting dog.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(c) Penalty.--An offense under this section shall be graded as follows:

(1) A person who violates subsection (a)(1) commits a summary offense of the third degree.

(2) A person who violates subsection (a)(2) commits a misdemeanor.

(3) A person who commits a second or subsequent violation of this section within a seven-year period commits a misdemeanor, and the second or subsequent violation shall result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of one year.

(d) Enforcement.--The director shall authorize the police department of each municipal corporation to assist in the enforcement of this section as necessary, in addition to those under section 903 (relating to delegation of enforcement powers).

(Dec. 22, 2005, P.L.467, No.90, eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days; Nov. 27, 2019, P.L.739, No.107, eff. 90 days)

2010 Amendment. See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.