(a) General rule.--Except as set forth in subsection (b), it is unlawful for any person or group of persons to engage in any of the following activities to any degree:
(1) Cast the rays of an artificial light of any kind on any game or wildlife or in an attempt to locate any game or wildlife while on foot, in any vehicle or its attachments, or any watercraft or any airborne craft while in possession of a firearm of any kind, or a bow or arrow, or any implement or device with which any game or wildlife could be killed or taken even though no game or wildlife is shot at, injured or killed.
(2) Intentionally or knowingly act, aid, assist or conspire either in the killing or taking or in an attempt to kill, take, possess, transport or conceal any game or wildlife or a part thereof which has been killed or taken by use of any artificial light.
(3) Operate, allow or permit any vehicle or its attachments, any watercraft or any airborne craft to be used for killing or taking or attempting to kill or take any game or wildlife by using the rays of any artificial light.
(b) Exceptions.--The provisions of subsection (a) shall not apply to:
(1) (i) A person on foot who uses a flashlight or spotlight held in the hand, worn on the head or mounted on a firearm to take furbearers, if the sole source of power for the flashlight or spotlight is contained within the flashlight or spotlight or on the person.
(ii) For the purposes of this paragraph, a flashlight or spotlight mounted on a firearm shall not include a device that projects a beam of laser light to indicate the intended point of impact for one or more projectiles discharged from the firearm.
(2) Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to general categories of permits).
(c) Penalties.--
(1) A violation of subsection (a)(1) is a summary offense of the fifth degree.
(2) A violation of subsection(a)(2) or (3) relating to:
(i) Threatened or endangered species shall be graded as follows:
(A) A first offense is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere in this Commonwealth for a period of seven years.
(B) A second offense within a seven-year period or during the same criminal episode as the first offense is a misdemeanor of the first degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years.
(C) A third or subsequent violation within a seven-year period or during the same criminal episode of a first or second offense is a felony of the third degree and may result in forfeiture of the privilege to hunt or take wildlife within this Commonwealth for a period of 15 years.
(ii) Big game animals shall be graded as follows:
(A) A first offense or a second offense during the same criminal episode is a misdemeanor and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of five years.
(B) A second offense within a seven-year period or a third or fourth offense during the same criminal episode is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of ten years.
(C) A fifth or subsequent offense during the same criminal episode or a 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 game or wildlife anywhere within this Commonwealth for a period of 15 years.
(iii) A violation of subsection (a)(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)(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.
(iv) Any other game or wildlife is a summary offense of the first degree and may result in the forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of three years.
(d) Contraband.--Any craft or vehicle or attachments thereto, and all artificial lights and any firearm or paraphernalia being unlawfully used, and any game or wildlife unlawfully taken, killed or possessed are contraband.
(Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; July 3, 2007, P.L.79, No.26, eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days)
2010 Amendment. Act 54 amended subsecs. (a)(2) and (c). See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.
2007 Amendment. Act 26 amended subsecs. (b) and (c). Section 2 of Act 26 provided that Act 26 shall apply to offenses committed on or after the effective date of section 2.