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Jurisdiction and penalties - 34 Pa. Cons. Stat. § 925

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     § 925.  Jurisdiction and penalties.
        (a)  Jurisdiction.--Notwithstanding the provisions of Title
     42 (relating to judiciary and judicial procedure), all
     magisterial district judges shall have jurisdiction for all
     violations of this title which are classified as summary
     offenses and may accept guilty pleas and impose sentences for
     violations of this title classified as misdemeanors.
        (b)  Fines and penalties for violations.--In addition to any
     other requirements of this title, the following fines and
     penalties shall be imposed for violations of this title:
            (1)  Misdemeanor of the first degree, not less than
        $2,000 nor more than $10,000 and may be sentenced to
        imprisonment up to six months.
            (2)  Misdemeanor of the second degree, not less than
        $1,000 nor more than $5,000 and may be sentenced to
        imprisonment up to six months.
            (3)  Misdemeanor of the third degree, not less than $500
        nor more than $2,500 and may be sentenced to imprisonment up
        to six months.
            (4)  Summary offense of the first degree, not less than
        $500 nor more than $1,500.
            (5)  Summary offense of the second degree, not less than
        $300 nor more than $800.
            (6)  Summary offense of the third degree, not less than
        $200 nor more than $500.
            (7)  Summary offense of the fourth degree, not less than
        $100 nor more than $300.
            (8)  Summary offense of the fifth degree, not less than
        $75 nor more than $200.
            (9)  Summary offense of the sixth degree, not less than
        $50 nor more than $100.
            (10)  Summary offense of the seventh degree, not less
        than $25 nor more than $75.
            (11)  Summary offense of the eighth degree, $25.
     In addition to the imposition of any fines, costs of prosecution
     shall also be assessed pursuant to 42 Pa.C.S. §§ 1725.1
     (relating to costs) and 3571 (relating to Commonwealth portion
     of fines, etc.).
        (c)  Penalty for undesignated violations.--A person who
     violates any provision of this title for which a particular
     penalty is not applicable commits:
            (1)  A misdemeanor of the third degree if the violation
        involves an endangered or threatened species and no more
        severe penalty is fixed.
            (2)  A summary offense of the fifth degree for any other
        violation.
        (d)  Second and subsequent offenses.--Where game or wildlife
     is taken, killed, wounded, possessed, transported, purchased,
     concealed or sold and the offense is a second or subsequent
     offense in a two-year period, one and one-half times the amount
     of fine shall be imposed.
        (e)  Installment payment of fines.--Upon a plea and proof
     that person is unable to pay any fine and costs imposed under
     this title, a court may, in accordance with 42 Pa.C.S. § 9758
     (relating to fine), permit installment payments it considers
     appropriate to the circumstances of the defendant, in which case
     its order shall specify when each installment payment is due.
        (f)  Nonpayment of fines and costs.--Unless otherwise
     provided in this title, each person who fails to pay the fine
     imposed may, after hearing before a magisterial district judge,
     be imprisoned until the fine is paid in full. The court may
     imprison the person for a number of days equal to one day for
     each $40 of the unpaid balance of the fine and costs not to
     exceed 120 days.
        (g)  Community public service program inapplicable.--The
     provisions of 42 Pa.C.S. § 1520 (relating to community public
     service program) shall not be applied as an adjudication
     alternative for any violation or offense under this title.
        (h)  Separate offenses.--Where game or wildlife is unlawfully
     taken, killed, wounded, possessed, transported, purchased,
     concealed or sold, each bird or animal or part thereof involved
     in the violation constitutes a separate offense.
        (i)  Replacement costs.--In addition to the fines and costs
     imposed for violations pursuant to subsection (b), the costs
     incurred by the commission for the replacement of the species
     involved in the violation shall be assessed by the magisterial
     district judge in such amount as is fixed by regulation of the
     commission. Replacement costs shall only be assessed for
     violations relating to threatened or endangered species of North
     American game or wildlife and such other species of Pennsylvania
     game or wildlife as designated by the commission.
        (j)  Title 18 inapplicable.--Title 18 (relating to crimes and
     offenses) is inapplicable to this title insofar as it relates
     to:
            (1)  intent, willfulness of conduct or fines and
        imprisonment for convictions of summary offenses and
        misdemeanors; or
            (2)  criminal records under 18 Pa.C.S. Ch. 91 (relating
        to criminal history record information) for misdemeanors
        under section 2522(b)(1).
     (Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; Dec. 21, 1998,
     P.L.1274, No.166, eff. July 1, 1999; Dec. 30, 2003, P.L.436,
     No.63, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60
     days)

        2004 Amendment.  Act 207 amended subsecs. (a), (f) and (i).
     See sections 28 and 29 of Act 207 in the appendix to this title
     for special provisions relating to applicability and
     construction of law.
        2003 Amendment.  Act 63 amended subsec. (b).
        1996 Amendment.  Act 184 amended subsecs. (a), (b) and (j).
        References in Text.  Section 1520 of Title 42, referred to in
     this section, was repealed and replaced by a new section 1520
     relating to adjudication alternative program.
        Cross References.  Section 925 is referred to in section 2510
     of this title; section 2703 of Title 3 (Agriculture).

Last modified: November 27, 2007