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Definitions - 34 Pa. Cons. Stat. § 102Legal Research Home > Pennsylvania Statutes
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Acknowledgment of guilt." A written statement admitting
guilt, given by an accused individual to an officer or deputy
officer along with the payment of a fine, which statement shall
have the same force and effect as though the person executing it
had a hearing before proper authority and been convicted of the
offense of which he is accused.
"Arrow." A missile shot from a bow, having a slender shaft
with fletching or vanes at the butt and a pointed head without
any explosive, chemical or poison in the head or shaft and used
solely with a bow.
"Big game." Unless otherwise modified by regulation of the
commission, includes the elk, the whitetail deer, the bear and
the wild turkey.
"Bird." A member of the class Aves, including any part,
product, egg or offspring thereof, or the dead body or parts
thereof (excluding fossils), whether or not included in a
manufactured product or in a processed food product.
"Blind." A manmade structure of any size, shape or design
constructed or arranged of any material in such a manner as to
conceal the body of any person, either in whole or part.
"Bodily injury." Impairment of physical condition or
substantial pain.
"Bow." A weapon which propels an arrow, is hand-held, hand-
drawn, held in the drawn position by hand or by a hand-held
mechanical device and released by hand. The term shall not be
construed or interpreted to mean or include what is commonly
known as a cross-bow.
"Closed season." The periods of the calendar year and the
shooting hours during which it is unlawful to take game or
wildlife.
"Commission." The Pennsylvania Game Commission of the
Commonwealth.
"Conspire" or "conspiracy." The act or action of two or more
persons combining in any manner or degree to violate any
provisions of this title, either before or after the actual
commission of the offense, even though the offense is not
consummated.
"Contraband." Any game or wildlife, or part or product
thereof, or any personal property, including, but not limited
to, firearms, traps, boats, decoys, vehicles and attachments and
property designed for use or used in hunting and taking game or
wildlife, when the game or wildlife, or part or product thereof,
or the personal property is held in possession, transported or
used or taken in violation of any law, the enforcement or
administration of which is vested in the commission. Contraband
shall be forfeited to the commission to be disposed of at the
discretion of the director.
"Convicted." The finding of guilty of a person charged with
an offense after a hearing before a qualified authority. The
execution of an "acknowledgment of guilt" or a "plea of guilty"
shall have the same effect.
"Director." The Executive Director of the Pennsylvania Game
Commission or any person to whom authority has been delegated by
the director.
"District justice." (Deleted by amendment).
"Domicile." That place where a person has a true, fixed and
permanent home and principal residence and to which, whenever
the person is temporarily absent, the person intends to return.
A domicile is a permanent building, or part thereof, including a
house, condominium, apartment room in a house or complex, or
mobile home. No vacant lot, second home, camp, cottage or
premises used solely for business shall be considered a
domicile.
"Each." The whole or any part or parts, or manufactured
products containing the whole or any part or parts, of any game
or wildlife.
"Endangered species." All species and subspecies of wildlife
which have been declared by:
(1) the Secretary of the United States Department of the
Interior to be threatened with extinction and appear on the
Endangered Species List or the Native Endangered Species List
published in the Federal Register; or
(2) the director to be threatened with extinction and
appear on the Pennsylvania Endangered Species List published
in the Pennsylvania Bulletin.
"Facsimile." A copy of game or wildlife with similar
characteristics. The term includes man-made, taxidermy mounts,
mechanical or electronic facsimiles.
"Fine shot." Pellets which are no larger than what is
commonly known as BB's. The term does not include buckshot.
"Firearm." An instrument used in the propulsion of shot,
shell, bullet or any other object by the action of gunpowder
exploded, explosive powder, the expansion of gas or the force of
a mechanical device under tension.
(1) "Automatic." Any firearm which discharges more than
once with a single pull of the trigger.
(2) "Semiautomatic." Any firearm which reloads without
aid of the shooter, but fires only once with a single pull of
the trigger.
"Furbearers." Unless otherwise modified by regulation of the
commission, the term includes the badger, the fisher, the mink,
the muskrat, the opossum, the otter, the pine marten, the
striped and spotted skunk, the beaver, the raccoon, all weasels,
the red and gray fox and the bobcat.
"Game." Includes "game animals," "game birds" and any
facsimile thereof.
"Game animals." Unless otherwise modified by regulation of
the commission, the term includes the elk, the whitetail deer,
the bear, the cottontail rabbit, the snowshoe hare, the red,
gray and fox squirrel and the groundhog or woodchuck.
"Game birds." Unless otherwise modified by regulation of the
commission, the term includes geese, brant, wild ducks,
mergansers and swans; coots, gallinules, rails, snipe, woodcock;
turkeys, grouse, pheasants, Hungarian partridges, bobwhite quail
and mourning doves.
"Green pelt." A pelt which is not dried, cured or tanned.
"Hunt" or "hunting." Any act or furtherance of the taking or
killing of any game or wildlife, or any part or product thereof,
and includes, but is not limited to, chasing, tracking, calling,
pursuing, lying in wait, trapping, shooting at, including
shooting at a game or wildlife facsimile, or wounding with any
weapon or implement, or using any personal property, including
dogs, or the property of others, of any nature, in furtherance
of any of these purposes, or aiding, abetting or conspiring with
another person in that purpose.
"Loaded firearm." A firearm of any kind which has a live
shell or cartridge in either the chamber or magazine.
"Magisterial district judge." Includes a court of the minor
judiciary having jurisdiction over summary offenses generally.
"Management unit." Any geographic area defined and
designated by regulation of the commission for game or wildlife
management purposes which may consist of all or a part or parts
of one or more contiguous counties or management units and
includes all lands and waters therein.
"Migratory game bird." Any game bird defined in 50 CFR 20.11
(relating to meaning of terms), except as otherwise provided in
Pennsylvania Game Commission regulations.
"Migratory waterfowl." All species as defined in 50 CFR by
the United States Fish and Wildlife Service of the Department of
the Interior.
"Officer." Any Game Commission officer or deputy Game
Commission officer appointed by the commission or any other
person with law enforcement powers who is designated by the
director to enforce this title.
"Open season." The indicated periods of the calendar year
and the daily shooting hours during which game or wildlife may
be legally hunted, taken or killed and includes both the first
and the last day of the season or period of time designated by
this title or by regulation of the commission.
"Part" or "parts." Any portion of tissue, flesh, blood,
bone, hide, skin, hair or feather of such substance, size,
volume or weight, which may be determined by a qualified person
as belonging to the species alleged, even though diluted or
contained in any manufactured product.
"Person." An individual, partnership, association,
corporation, political subdivision, municipal authority, the
Commonwealth or any other legal entity as the context requires.
"Poaching." To unlawfully take game or wildlife by means of
or as a result of multiple violations of the provisions of this
title or the regulations thereunder.
"Possession." The detention and control, or the manual or
ideal custody, of anything which may be the subject of property,
for one's use and enjoyment, either as owner or as the
proprietor of a qualified right in it, and either held
personally or by another who exercises it in one's place and
name. Possession includes the act or state of possessing and
that condition of facts under which one can exercise his power
over a corporeal thing at his pleasure to the exclusion of all
other persons. Possession includes constructive possession which
means not actual but assumed to exist where one claims to hold
by virtue of some title without having actual custody. The
presence in a vehicle of any kind, or its attachments, of any
unlawfully taken game or wildlife or unlawful device or
contraband is presumptive evidence of its possession by all
persons occupying the vehicle or its attachments.
"Protected birds." All wild birds not included within the
term "game birds."
"Raptors." All eagles, falcons, hawks and owls, individually
or collectively, whether protected or unprotected.
"Resident." A person who is permanently domiciled within
this Commonwealth which person's principal domicile is in this
Commonwealth to which that person has the intention of returning
whenever that person is temporarily absent.
"Serious bodily injury." Bodily injury which creates a
substantial risk of death or which causes serious permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.
"Shooting hours." The designated periods of time, including
any modification by regulation of the commission, for the lawful
killing or taking of game or wildlife.
"Small game." All species of game birds and game animals not
classed as big game.
"Take." To harass, pursue, hunt for, shoot, wound, kill,
trap, capture, possess or collect any game or wildlife,
including shooting at a facsimile of game or wildlife, or
attempt to harass, pursue, hunt for, shoot, wound, kill, trap,
capture or collect any game or wildlife or aiding, abetting or
conspiring with another person in that purpose.
"Taxidermy." The practice of mounting, arranging, posing,
preserving or freeze-drying game or wildlife, fish or reptiles
in a lifelike position.
"Threatened species." All species and subspecies of wildlife
which have been declared by:
(1) the Secretary of the United States Department of the
Interior to be in such small numbers throughout their range
that they may become endangered if their environment worsens
and appear on a Threatened Species List published in the
Federal Register; or
(2) the director to be in such small numbers throughout
their range that they may become endangered if their
environment worsens and appear on the Pennsylvania Threatened
Species List published in the Pennsylvania Bulletin.
"Title." The provisions of this title and any rules,
regulations, restrictions or guidelines which are adopted by the
commission and promulgated as required by law.
"Time." Official prevailing time.
"Transporting." To move from one place to another by any
means whatsoever.
"Trapping." The securing or attempting to secure possession
of game or wildlife by means of setting, placing or using any
device that is designed to close upon, hold fast, confine or
otherwise capture game or wildlife whether these means result in
capturing or not. It includes every act of assistance to any
other person in capturing game or wildlife by means of such
device whether these means result in capturing or not.
"Violation." A violation of a provision of this title and a
violation of a regulation promulgated by the commission which
implements or otherwise pertains to any provision of this title.
"Wild animals." All mammals other than domestic animals as
defined in 1 Pa.C.S. § 1991 (relating to definitions).
"Wild birds." All migratory birds as defined in 50 CFR by
the United States Fish and Wildlife Service of the Department of
the Interior, game birds and any other birds designated by the
commission, including, but not limited to, grouse, partridge,
pheasant, quail and wild turkey.
"Wildlife." Wild birds, wild mammals and facsimiles thereof,
regardless of classification, whether protected or unprotected,
including any part, product, egg or offspring thereof, or the
dead body or parts thereof (excluding fossils), whether or not
included.
(Nov. 25, 1988, P.L.1082, No.125, eff. imd.; Apr. 4, 1996,
P.L.55, No.19, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff.
60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 deleted the def. of "district
justice" and added the def. of "magisterial district judge." See
sections 28 and 29 of Act 207 in the appendix to this title for
special provisions relating to applicability and construction of
law.
1996 Amendments. Act 19 added the def. of "migratory game
bird" and Act 184 amended the defs. of "game," "hunt" or
"hunting," "take" and "wildlife" and added the defs. of "bodily
injury," "facsimile," "poaching" and "serious bodily injury."
1988 Amendment. Act 125 added the def. of "loaded firearm."
Cross References. Section 102 is referred to in section 2902
of this title.
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Last modified: November 27, 2007 |