I manage a 210 acre property.
I catch hunter on the property and I told him he had to go he was trespassing.
He said, "If the property is not posted, then anyone can hunt it."
I replied, "No one can enter another person's property without their permission, trespassing signs or not."
Where has the respect for property owner rights gone?
Straight from our state police. Regarding hunting. Absolutely not. They still need permission and gets worse for the trespassers if they have been told.
§ 3503. Criminal trespass.
(a)
Buildings and occupied structures.
(1) A person commits an offense if, knowing
that he is not licensed or privileged to do so, he:
(i) enters, gains entry by subterfuge or surreptitiously
remains in any building or occupied
structure or separately secured or occupied portion
thereof; or
(ii) breaks into any building or occupied structure
or separately secured or occupied portion
thereof.
(2) An offense under paragraph (1)(i) is a
felony of the third degree, and an offense under
paragraph (1)(ii) is a felony of the second degree.
(3) As used in this subsection:
“Breaks into.” — To gain entry by force, breaking,
intimidation, unauthorized opening of locks,
or through an opening not designed for human
access.
(b)
Defiant trespasser.
(1) A person commits an offense if, knowing
that he is not licensed or privileged to do so, he
enters or remains in any place as to which notice
against trespass is given by:
(i) actual communication to the actor;
(ii) posting in a manner prescribed by law or
reasonably likely to come to the attention of intruders;
(iii) fencing or other enclosure manifestly designed
to exclude intruders;
(iv) notices posted in a manner prescribed by
law or reasonably likely to come to the person’s
attention at each entrance of school grounds that
visitors are prohibited without authorization
from a designated school, center or program official;
or
(v) an actual communication to the actor
to leave school grounds as communicated by a
school, center or program official, employee or
agent or a law enforcement officer.
(2) Except as provided in paragraph (1)(v), an
offense under this subsection constitutes a misdemeanor
of the third degree if the offender defies
an order to leave personally communicated
to him by the owner of the premises or other authorized
person. An offense under paragraph (1)
(v) constitutes a misdemeanor of the first degree.
Otherwise it is a summary offense.
(b.1)
Simple trespasser.
(1) A person commits an offense if, knowing
that he is not licensed or privileged to do so, he
enters or remains in any place for the purpose of:
(i) threatening or terrorizing the owner or occupant
of the premises;
(ii) starting or causing to be started any fire
upon the premises;
(iii) defacing or damaging the premises; or
(iv) unlawfully taking secondary metal from
the premises.
(2) An offense under paragraph (1)(iv) constitutes
a first degree misdemeanor. An offense
under paragraph (1)(i), (ii) or (iii) constitutes a
summary offense.
(b.2)
Agricultural trespasser.
(1) A person commits an offense if knowing
that he is not licensed or privileged to do so he:
(i) enters or remains on any agricultural or
other open lands when such lands are posted in
a manner prescribed by law or reasonably likely
to come to the person’s attention or are fenced or
enclosed in a manner manifestly designed to exclude
trespassers or to confine domestic animals;
or
(ii) enters or remains on any agricultural or
other open lands and defies an order not to enter
or to leave that has been personally communicated
to him by the owner of the lands or other
authorized person.
(2) An offense under this subsection shall be
graded as follows:
(i) An offense under paragraph (1)(i) constitutes
a misdemeanor of the third degree and is
punishable by imprisonment for a term of not
more than one year and a fine of not less than
$ 250.
(ii) An offense under paragraph (1)(ii) constitutes
a misdemeanor of the second degree and
is punishable by imprisonment for a term of not
more than two years and a fine of not less than $
500 nor more than $ 5,000.
(3) For the purposes of this subsection, the
phrase “agricultural or other open lands” shall
mean any land on which agricultural activity or
farming as defined in section 3309 (relating to
agricultural vandalism) is conducted or any land
populated by forest trees of any size and capable
18 Pa.C.S. § 3504 Pennsylvania Crimes Code & Vehicle Law Handbook
608
of producing timber or other wood products or
any other land in an agricultural security area
as defined in the act of June 30, 1981 (P.L.128,
No. 43), known as the Agricultural Area Security
Law, or any area zoned for agricultural use.
(b.3)
Agricultural biosecurity area trespasser.
(1) A person commits an offense if the person
does any of the following:
(i) Enters an agricultural biosecurity area,
knowing that the person is not licensed or privileged
to do so.
(ii) Knowingly or recklessly fails to perform
reasonable measures for biosecurity that by posted
notice are required to be performed for entry
to the agricultural biosecurity area.
(2) It is a defense to prosecution under paragraph
(1)(ii) that:
(i) no reasonable means or method was available
to perform the measures that the posted
notice required to be performed for entry to the
agricultural biosecurity area;
(ii) entry is made in response to a condition
within the agricultural biosecurity area that the
person reasonably believes to be a serious threat
to human or animal health as necessitating immediate
entry to the agricultural biosecurity
area; or
(iii) entry is made under exigent circumstances
by a law enforcement officer to:
(A) pursue and apprehend a suspect of criminal
conduct reasonably believed by the officer to
be present within the agricultural biosecurity
area; or:
(B) prevent the destruction of evidence of
criminal conduct reasonably believed by the officer
to be located within the agricultural biosecurity
area.
(3) (i) Except as set forth in subparagraph (iii),
an offense under paragraph (1)(i) constitutes a
misdemeanor of the third degree.
(ii) Except as set forth in subparagraph (iii),
an offense under paragraph (1)(ii) constitutes a
summary offense.
(iii) If an offense under paragraph (1) causes
damage to or death of an animal or plant within
an agricultural biosecurity area, the offense constitutes
a misdemeanor of the first degree.
(4) For purposes of this subsection, the terms
“agricultural biosecurity area” and “posted notice”
shall have the meanings given to them in 3
Pa.C.S. § 2303 (relating to definitions).
(c)
Defenses. — It is a defense to prosecution
under this section that:
(1) a building or occupied structure involved
in an offense under subsection (a) of this section
was abandoned;
(2) the premises were at the time open to
members of the public and the actor complied
with all lawful conditions imposed on access to or
remaining in the premises; or
(3) the actor reasonably believed that the owner
of the premises, or other person empowered to
license access thereto, would have licensed him
to enter or remain.
(d)
Definitions. — As used in this section,
the following words and phrases shall have the
meanings given to them in this subsection:
“School grounds.” — Any building of or
grounds of any elementary or secondary publicly
funded educational institution, any elementary
or secondary private school licensed by the Department
of Education, any elementary or secondary
parochial school, any certified day-care
center or any licensed preschool program.
“Secondary metal.” — As defined in section
3935 (relating to theft of secondary metal).
Act 1972-334 (S.B. 455), P.L. 1482, § 1, approved
Dec. 6, 1972, eff. in 6 months; Act 1978-76 (S.B.
189), P.L. 497, § 1, approved June 23, 1978, eff.
in 60 days; Act 1995-53 (S.B. 223), P.L. 334, § 1,
approved Oct. 27, 1995, eff. in 60 days; Act 1998-
121 (H.B. 413), P.L. 933, § 3, approved Dec. 3,
1998, eff. immediately; Act 2002-116 (H.B. 582),
P.L. 806, § 3, approved Oct. 2, 2002, eff. immediately;
Act 2010-125 (S.B. 906), P.L. 1360, § 4,
approved Nov. 23, 2010, eff. immediately; Act
2014-192 (H.B. 80), § 1, approved Oct. 28, 2014,
eff. in 60 days.
Trooper Dwight A. DAMCOTT |Patrol Unit
Pennsylvania State Police |Troop E- Warren
22001 Route 6 | Warren PA 16365
Phone: 814.728.3600 | Fax: 814.728.3607
I have been told the same thing from a hunter but same applies and that is from the game commission officer. Land does not need posted.