Broadhead Tuning: Perfecting Accuracy with Fixed and Mechanical Broadheads

For bow hunters, ensuring that broadheads fly true and hit the target with repeatable precision is paramount before heading into the field. Broadhead tuning—whether using fixed or mechanical broadheads—helps ensure that your arrows fly accurately and consistently, mimicking the same flight characteristics as your practice field points. Proper broadhead tuning can be the difference between a lethal shot and a missed opportunity.

Here’s an in-depth guide to broadhead tuning, tailored for both fixed-blade and mechanical broadheads, along with tips for achieving optimal flight performance.

For more, go read the original article at: https://huntingforjustice.com/f/broadhead-tuning-perfecting-accuracy

5 Bow Hunting Safety Tips for Your 2024-25 Season From a Hunter/Lawyer

Soon it will be the best time of the year for many hunters in Pennsylvania: Bow Season! I am sure most of us have some solid bucks on camera and are already hanging or trimming stands. As an injury attorney, I thought it wise to write an article on the five most common causes of injuries we hunters suffer due to our negligence, or sometimes even the negligence of others via poor manufacturing of products or the downright stupidity of fellow sportsmen.

1. Always Carry and Use a Safety Harness

When hunting from a tree stand, whether it is a climber or ladder stand using a safety harness is non-negotiable. Falls from tree stands are a leading cause of hunting-related injuries, and a harness can be the difference between a close call and a serious, life-changing accident. Often it is due to hunters not doing what they know they are supposed to. Other times it is a faulty product. Either way, we can only do as much as we can to prevent injury. Ensure that your harness is properly fitted, in good condition, and securely attached to the tree at all times. If you are climbing, shimmy up the tree with the harness attached, loosening it and tightening it with each rep as you climb. If you have a ladder stand, tie-off as soon as you get up in the tree. If you can, use a lifeline system so you are attached to the tree the entire time you climb a ladder or your climbing sticks (link in footnote).[1]  Also as you kind of have to with climbers, use a string to pull your bow up and never climb a ladder/climbing sticks with your bow. Doing so only prevents you from focusing on tying yourself to the tree as soon as possible. Even the most experienced bowhunters fall every year. You aren’t immune!

2. Check and Maintain Your Equipment Regularly

Your bow, arrows, and other gear should be in top condition before every hunt. Inspect your bow for any signs of wear and tear, such as frayed strings (wax them), loose screws (tighten them), or cracks in the limbs (probably buy a new bow). Carbon arrows carry a severe, although rare risk. If using carbon, as most do nowadays, a damaged arrow can cause the arrow to splinter or snap while under pressure when you release, causing multiple daggers of carbon to shoot through your arm/hand:

Sometimes this is due to something you did to the arrow to damage it, or it can be a manufacturing defect giving rise to products liability. In sum, regular maintenance not only extends the life of your equipment but also ensures that everything functions properly when you need it most. What most may not think about, is checking for recalls. I’ve seen some recalls on certain compounds over the years, and a buddy of mine got his thumb severed due to a faulty safety on his crossbow. Checking for recalls are just one more thing you can do to ensure you will be safe this season.

3. Know Your Target and Beyond, and Be Smart About Movement

You’d think this would only be a concern in rifle season, but we have to talk about it here, too. One of the most fundamental rules of any type of hunting is to identify your target and what lies beyond it. Never shoot at movement or noise; always positively identify your target before drawing your bow. Be aware of the surroundings beyond your target to avoid accidentally hitting another animal, person, or property. A quick Google search unfortunately shows that people do, somehow, get shot with bows every year while hunting. A more prevalent risk is getting shot by hunters with guns while bowhunting. For example, last year a Pennsylvania guy was convicted for accidentally killing a bowhunter in Colorado with a muzzleloader https://www.themeateater.com/hunt/big-game/bowhunter-accidentally-killed-by-fellow-elk-hunter-in-colorado. (This is scary, as I am going back to Utah this September to see if we can get another elk in bow season and I think it will also be muzzleloader season!) Just as I explained in my turkey hunting safety video, if you see another hunter, don’t waive. Yell if you feel you are at risk instead. Dumb people will, unfortunately, shoot at movement.

4. Communicate and Follow Hunting Etiquette

Whether you’re hunting alone or with a group, clear communication is vital. Let someone know where you’ll be hunting and when you expect to return. Keep your group aware of each other's locations at all times. Respect other hunters' space and avoid encroaching on their hunting area. Following basic hunting etiquette not only enhances safety but also ensures a more enjoyable experience for everyone involved.

5. Use Safe Knife Handling Techniques When Gutting

When you finally drill that big one you had one camera or you are zippin’ does and filling the freezer (super fun in my opinion), make sure you are being smart about your blade usage while gutting. Always strike and cut away from you and your hand/fingers. When you are in the guts, I always put my non-knife hand in first and follow my arm with my knife hand with the blade facing away to avoid getting cut. This is most useful when you have to reach in and cut the esophagus and pull out the respiratory system. If you don’t keep you hearts, give them to me! If this is all foreign to you, here is a video I made 5 years ago on gutting deer: https://www.youtube.com/watch?v=tn7-byIs0Lk

CONCLUSION

Some of these have probably been told you your whole life, or they may be new advice. Either way, it’s always a good idea to review bow hunting safety. Use safety harnesses, check your gear, shoot at deer, not people, let people know where you are, and don’t cut yourself. Simple stuff. Good luck this season!

If you happen to know anyone that was unfortunate enough to be injured in a hunting accident, call my office (The Skeen Firm) at 724-249-2439 for a free consultation.

 

Brian P. McLaughlin (pictured left, bow season 2021)

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.  

[1] https://www.cabelas.com/shop/en/hunter-safety-system-treestand-lifeline?ds_e=GOOGLE&ds_c=Cabelas%7CSearch%7CDSA%7CHunting%7CGeneral%7CNAud%7CNVol%7CNMT&gad_source=1&gclid=EAIaIQobChMI7PajyuTlhwMV3kX_AR1kmw5fEAAYASAAEgJzXPD_BwE&gclsrc=aw.ds

From a Redneck with a Law Degree: Choosing the Right Attorney for Your Hunting-Related Case

If you are one of the unfortunate Pennsylvanians who is hurt, financially or physically, while hunting or injured by any outdoor-related gear or equipment every year, you will need an attorney to handle your case. Most injured sportsman just hire a random injury lawyer and do not think about is how important it is to have an attorney with deep knowledge of that specific type of hunting, the products involved, how they are used, and how they are supposed to work.

Personal injury and consumer protection attorneys are a dime a dozen. They are on billboards explaining they have the lowest rate, the biggest firm, experienced attorneys, and so on. Even if those claims are true, finding an attorney who is an experienced hunter who will completely understand the facts surrounding your injury is impossible. No amount of legal theory can make up for the lack of knowledge about the subject matter. The last thing you want is to hire a fancy bowtie big-city lawyer who has never been in the woods explaining to a rural jury that you got hurt one day out of “catching deer.”

INTRODUCTION

Allow me to introduce myself. I am Brian McLaughlin, a regular guy from rural Lawrence County, PA, who went and got a law degree. Before going to school, I was effectively born and trained from the crib to hunt. Here’s a fun video of three-year-old me shooting deer targets with a bow my dad made from string and PVC pipe:

https://www.youtube.com/watch?v=X445Xcezd1Q&ab_channel=BrianMclaughlin.

That bow still works just fine today. From hunting whitetails, turkeys, coyotes, small game, groundhogs, or anything and everything in season, I have done it all for decades, making me deadly in the woods and the courtroom regarding this subject.

I was first aware of the absence of lawyers like me when a family friend (let’s call him John for this article) got his thumb severed by a crossbow that had a defect. John complained that his lawyers weren’t taking the issue seriously and didn’t understand when a crossbow should and should not fire or anything about hunting. This was needlessly complicating a simple case, and he may have gotten far less money while having to wait much longer than if his lawyers had any experience in the woods.

TYPES OF LAW RELATED TO THE HUNTING INDUSTRY

I.              PRODUCTS LIABILITY

John’s case was with a weapon, which is what most people think of when they think of hunting accidents that don’t involve someone getting shot by another. Defects in bows are common. With compounds or crossbows, those cables and limbs are under intense pressure. When they snap, even if you are using them correctly, they can cause serious injuries.

As you can imagine, gun defects cause a lot of hunter injuries like this Savage Arms debacle a few years ago: https://www.sltrib.com/news/nation-world/2017/12/05/gun-makers-exploding-rifle-leaves-trail-of-injured-hunters/AP%202017/AP%202017/. Often companies know that their bows or guns are causing injury. Presumably, they are making too much money to care about us. Having a lawyer who understands you were using a weapon correctly and explaining why will be more valuable in litigation than you’d think.

Tree stands are a big one and can ruin a hunting career or end a life. Here’s just one example that resulted in the death of a husband and a massive verdict against the manufacturer: https://www.courier-journal.com/story/news/2017/08/11/jury-awards-18-5-million-hunter-who-sued-treestand-manufacturer-injuries/559015001/. With so many companies having their manufacturing done in China to reduce costs, it is likely these types of injuries will continue. I know this is hearsay, but a few months ago at deer camp, a family member told our hunting group about his buddy who bought three of one type of stand at bargain prices. He sets up two with no problem, but the third breaks the first time he puts weight on it. Thankfully, he was tethered to the tree when hanging stands and was okay. The manufacturing plant failed to notice only one side of the foot and seat platform had its welds!

The point is that manufacturing defects exist not just in guns, bows, or stands but probably in every type of product you use. Having an attorney who has used the same product(s) for decades will create a common understanding of the facts and almost no confusion when strategizing about how best to prosecute your case.

II.             HUNTING ACCIDENTS: TORTIOUS CONDUCT

Generally, when someone thinks of a hunting accident, their mind goes to someone getting shot. This is very rare, but when it happens, it may be even more important than with manufacturing defects for your lawyer to know not just how wild the first day of PA rifle season can be or how to conduct himself when turkey hunting so he doesn’t get shot (here’s a link to the article I wrote on that: https://www.theskeenfirm.com/blog/2024/5/6/5-turkey-hunting-safety-tips-for-your-2024-season-from-a-hunter-with-a-law-degree ) but also that your lawyer knows every rule in the yearly Hunter’s Digest and the statutory support for the digest found in Title 34. https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/34/34.HTM. Proving the guy who shot you was clearly in the wrong will be much easier to do when you effectively have an expert witness as a lawyer asking the questions.

Gunshots aren’t the only injuries you can get from someone else (“torts,” as we call it in law”) while hunting. Unbelievably brutal beatings rarely occur but are more common than someone getting shot. There are videos online showing guys purposely sinking other hunters’ duck boats on the mad dash to public spots at 3:30 am. People damage tree stands to prevent people from hunting, but that isn’t noticed until it’s too late. Vehicles and ATVs have caused a lot of hunting injuries, too. On purpose and through negligence. All these and endless more examples are torts that give you the right to pursue civil litigation.

III.          CONSUMER PROTECTION AND HUNTING PRODUCTS

            Consumer protection was one of the first types of law I ever had exposure to as a young law student. I clerked for a firm that sued, for example, car dealerships for selling garbage vehicles, not honoring warranties, etc., and trying to get away with it. It felt good to do right by the buyers and get them their money back, and sometimes even a little more if the seller was particularly horrible. The same stuff can happen with anything you buy for hunting. In this economy especially, if you buy a quad or side by side, an expensive gun or bow, or any other product that you spend your hard-earned money on, the sucker should work, or the company should make it right with OR WITHOUT a warranty. When this doesn’t happen, give me a buzz. You have rights under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) that, with an experienced lawyer, can hold these second-rate sellers accountable. The UTPCPL allows, in the most egregious cases, three times the damages we can normally ask for as a punishment for screwing you over. You’ll have other claims too, but we can discuss that in a consultation.

IV.           TRESPASSING AND/OR PREMESIS LIABILITY

            Especially during turkey and rifle season in PA, there’s unfortunately tons of trespassing going on. Even without an injury taking place on a property due to trespassing, someone can get sued, or even arrested. To discuss the criminal side of trespassing, I wrote an article on Pennsylvania’s commonly misunderstood criminal trespass statute if you want to read it: https://www.theskeenfirm.com/blog/2024/3/18/understanding-pennsylvanias-criminal-trespass-law-a-comprehensive-overview-for-hunters-and-landowners.

            Something else landowners and hunters don’t often think about is premises liability where a landowner can get held responsible for injuries on a property. Depending on the situation and the condition of a property, even trespassers can successfully sue a landowner for money damages! I’m not saying it’s right, I am just saying what can happen.

            No matter if you have trespasser problems, if a person is hurt on your property, if you were hurt on someone’s property due to a dangerous condition, or if you were criminally charged with trespassing, you will need representation. An attorney who is familiar with the criminal trespass statute and/or premises liability defense is paramount.

V.             GAME VIOLATIONS

Even if you are trying to do everything right, you can still get dinged for a game violation which will result in fines, or even a loss of hunting privileges or jail time. I will admit, it happened to me once. I was never much of a waterfowl hunter, and in December 2017 I was at Pymatuning Reservoir with a buddy. No ducks were flying but there were hundreds or even thousands of mergansers flying. A group flew by, and we emptied our guns. Five fell. I rarely ever got anything while duck hunting, so I was ecstatic. We left, knowing the merganser limit per person was five, so we were five under. A game commission truck drove by while we were loading up and I waived to them thinking nothing of it. They turned around and checked us and said have a good day. Sweet. Then, the younger guy came back and said wait a minute, I think we have a violation here. Unbeknownst to me and my buddy, back then the limited for the hooded merganser was two per person. We were one over. Oops.

The officer said he needed to fine someone and that because we were so nice and it was a total accident, the fine would be the lowest possible and no license revocation would happen. I gladly said I would take the fine because it was my (public) hunting spot and I wanted to be nice to my friend. We didn’t even know whose pellet(s) killed the fifth bird. I got the fine in the mail and paid it. No problem.

Problem, actually. MONTHS later I receive a notice that my hunting privileges had been revoked for the next year. As I later found out in court, the officer lied to us, and right after telling us no revocation would occur if I pleaded guilty to the summary offense, he went right back to his cruiser and hit a button or whatever that revoked it if I pleaded guilty.

The “court” I alluded to was an administrative hearing held in Harrisburg that I requested. Losing my hunting privileges for even the one year was the biggest deal to me because I live to hunt. I worked hard to gather my evidence. I asked the officer who fined me to bring the body camera footage of him saying my license wouldn’t be revoked if I pleaded guilty. He called me back ten minutes later to tell me “he lost the footage.” Right. Totally believable.

Anyway, from there I got people to write statements about my character and brought my dad and grandfather to the hearing. I wasn’t even in law school yet, but I pulled out ALL the stops to that hearing officer, man. I dropped the “I’m a Marine Corps veteran” line, gave him the character statements, everything I could think of. I was winging it. The good part came when I brought up the lost footage and the officer who “lost” it put his head down and wouldn’t look at me or the hearing officer. The hearing officer said he would give an opinion, but he had already decided I could hunt the next year.

If you’re still with me, I even though I won, if I had a lawyer back then, I never would have pleaded guilty to the fine and won in the MDJ court and never would have lost my license. If I had, a lawyer could have more adequately explained with case law and/or grilled the officer about spoliation of evidence and any constitutional violations that existed. I would have been much more prepared. So if you are facing even a small game violation, whether an accident or not, calling me is a good idea. I know how you feel.

[A note about this story. The PA Game Commission later REMOVED the hooded merganser subspecies stipulation. You can now shoot five per person. What I lost my license for in 2017 is now legal. Ain’t that some s***?]

CONCLUSION

            I’ve just covered five types of law that I, as an experienced hunter can help you with as an attorney. I’ve called my hunting legal practice “Everyday Hunting Advice” (“EHA”) because a lawyer doesn’t just sue people or defend suits, he is an advisor and your advocate. Someone to help you through the legal process when the most unfortunate events related to our way of life/hobby occurs.

If you’re dealing with any of the issues describe in this article, give The Skeen Firm a call and ask for Brian. I will be happy to help you.

Brian has been filming an editing his hunts since 2017 which you can watch here: https://www.youtube.com/@HeirstotheOutdoors.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

5 Turkey Hunting Safety Tips for Your 2024 Season From a Hunter with a Law Degree

As turkey hunting season approaches in Pennsylvania (May 4 for general season and April 27 for Youth Day), I am already seeing news stories and social media posts about hunters getting shot down south. Although it sounds incredibly difficult to screw up that bad, this happens every year. I used to think most people had baseline competence, but after 20 years of turkey hunting experience, I no longer think that. So, I thought I’d cover the basics on turkey hunting safety so you don’t get filled with lead or TSS this year and end up the hospital, and subsequently in my office for a consultation.

TIP #1:

DON’T MOVE.

Let’s start with a big one. WHEN YOU SEE ANOTHER HUNTER, DON’T MOVE. You would think that people wouldn’t just shoot at movement in the woods, but every year people somehow mistake a guy sitting against a tree in mossy oak for a right white and blue head of a gobbler. It’s so dumb its actually impressive. If you are new to chasing thunder chickens and don’t believe me, just yesterday I saw this happened in Mississippi:

Here’s another recent one (March 18, 2024) from down in Florida where a guy took a shot in the dome: https://www.wfla.com/news/florida/florida-hunter-mistakes-man-for-turkey-shoots-him-in-the-head-police-say/. Now, the Florida story is a guy shooting at a decoy which I guess is more understandable but still painfully stupid and less avoidable. I have two stories on those instances I will tell you later.

​The main point here is most hunters (believe it or not) get shot by waiving when they see a hunter to notify the other hunter of their location and when the shooter does not even see a decoy. The good news is this is entirely avoidable. When you see another hunter, do not move at all. Use your voice and let the other guy know you are there. Very simple. Congrats, your chances of getting shot this year just went down considerably.

TIP #2:

DO NOT STALK TURKEYS

You can only sit and call to turkeys in Pennsylvania for this reason. You of course can (and often must) use woodsmanshipto outsmart the bird, but never stalk hen clucks or cadences, or even jake gobbles. Any one of those can be a hunter calling. Yet every year, people ignore this rule which results in close calls or accidents.

I’ve got two personal examples where I had a close call due to violations of this rule.

Let’s go back to 2017. I was seeing my girlfriend, now wife, down near McCandless for the weekend when her friend Nichole wanted to go turkey hunting for the first time. Far from where I normally hunt, I figured I’d just take her to the Wexford Gamelands in Allegheny County. Never hunted there before but I assumed, even if we went in blind, we may hear a gobble and that would make Nichole happy. We get to the parking lot an hour before legal and get set up 40 minutes before legal. I have one of those cheap foam hen decoy ten yards from us in a small opening and we are tucked up against a big blowdown tree.

About 15 minutes before legal I get on my Talkin’ Stick glass call and start with a intermittent soft purrs. A couple minutes later I hear consistent, LOUD crunching behind us and hen breeding cadences from a novice caller. I look behind us and a guy with a bright headlamp on was stalking up to where he was hearing the purrs which was, as described above, putting myself and Nichole in danger. I did not move and yelled at the guy to make our position known. He walked away. I knew I was in yuppie country, but I will admit I was shocked at what had just happened. Thinking it could not get any worse, we kept hunting.

At 8 a.m. after hearing nothing I was thinking we should pick up and take a walk. My dad always said “give it five more minutes” when you want to leave and so that’s what I just told myself. During those last five minutes, I hear some heavy thuds on the main trail not 15 yards from our opening we set up on. A few seconds later I look to my right and see a gun barrel pointing at my hen! Before I could speak, I hear, “no son, that’s a female turkey.” A father and son, the son about 16, wearing blaze orange hats stepped out from the thicket overgrowth on the trail and kept walking. In more disbelief than I was just as it was getting light, I said to Nichole we were getting the hell out of there.

Over the years I have found it is much more effective to use a jake decoy. If I was using one on that public ground that day, that kid would be buying me another decoy and someone could have gotten hurt. But to recap, I was stalked twice that morning and it almost caused some serious problems. Unless you see the bird you are calling to, just don’t go after it.

​Even if you think you are the only one on the property, it still isn’t a great idea. Fast-forward to the 2023 season, it was hot morning in mid-May and the birds weren’t talking as usual. I’m with my dad behind his place at a farm we have hunted for decades, and we were the only ones with permission. I have my Avian X half-strut I bought when I was a broke college kid and killed a pile of birds over on an old cornfield edge where I knew the birds fed during the mid-mornings. I was only hen calling when I heard movement to my right that sounded like scratchings at the time. I reposition and wait to see what it was. I see black, but much higher than a turkey. I then see blue, but a lot of it, and more like a mid-blue. Out steps some Amish fella and he raises his shotgun at my precious decoy. I holler at him. He looked at me, smiles and walks away.

Apparently, he got permission from the landowner, and I have no idea how he even got back there or why he decided to come to that area of a county where few Amish live. Either way, I applied the same safety principle of not moving and vocalizing which saved me, and certainly my decoy. People are going to stalk turkeys. They shouldn’t, but they do. Just remember this article when this happens to you.

TIP #3:

DO NOT WEAR RED, WHITE, BLUE OR BLACK

Going back to that Amish guy, he was wearing a black Amish hat. Terrible idea. The blue was also a bad idea because a gobbler’s head can be red, white, or blue, but they can also see color, so that guy probably wasn’t killing anything that day. Because turkeys can be any of the colors, just don’t wear ‘em or you are asking for trouble. Simple as that.

TIP #4:

DO WEAR ORANGE POST-SUCCESS

I actually don’t do this as much as I should. Every turkey vest these days comes with a built-in orange square in the back you can pop out when you shoot a bird to protect you from the numbskulls who shoot at movement or non-camo. You can also keep an orange hat in your vest/fanny pack that is more visible because it can be seen 360 degrees. Is this a law? No, but its smart, and you should do it. Especially on public ground.

TIP #5:

SHOTGUN ROUND SELECTION

Surprisingly, a lot of guys get hurt even before the season attempting to shoot rounds their gun or gun/choke setup cannot handle. Do not shoot 3.5” shells if your shotgun only takes 3”. It says what your gun takes on the barrel. If it doesn’t, use the Google machine. Make sure your selected choke is rated for what you are shooting. Don’t use steel shot for chokes that aren’t rated for it. It often says so on the choke. If you are a big baller and shoot TSS, the same rule applies. You can only blame yourself if you don’t follow these rules, and I’ll tell you that in person in my office when you want to sue the gun/choke company. Sorry, pal, you’re the reason “caliente” is on my coffee cup. The good news is, these blunders and therefore injuries are entirely avoidable with minimal effort and common sense.

CONCLUSION

Some of these “tips” may be obvious to you, but it’s always a good idea to review them and even hear some stories where they were useful. There’s a 99.9% chance, and yes, I made that up, that you won’t get shot this year, but there’s always one. Don’t be that one. Good luck this season!

Here’s a playlist of turkey hunts either filmed or edited by the author: https://youtube.com/playlist?list=PLJ7y_mBtxMklYBJqAtsO7Attlir_ucCnV&si=VnHeOvPCyV76HuWT

Understanding Pennsylvania's Criminal Trespass Law: A Comprehensive Overview for Hunters and Landowners

If you will be hunting in Pennsylvania or if you own land in Pennsylvania, it is important to understand our state’s trespass law. For years, I have watched never-ending online squabbles over what the law is and isn’t. Some are experienced hunters and others are even law enforcement officers who make false claims about the law because “that’s how it’s always been done.”

Before going to law school, I hunted my whole life, deer, turkey, small game, etc., doing my best to avoid getting in trouble for a law I didn’t even know. “Can I get arrested for accidentally going on private property?” “If I find someone on my property that should not be there, what can I do?”

That’s why I found it necessary to write this article; to explain the PA trespass law so that all sportsmen and landowners understand the ground rules.

INTRODUCTION

If you buy and pay taxes on a solid piece of hunting land, you should be able to have it all to yourself? Right? Right. Pennsylvania's criminal trespass law Title 18 § 3503 et seq. plays a crucial role in protecting the rights of property owners. It defines the boundaries of acceptable behavior on private property and outlines the consequences for those who violate these boundaries.

WHAT IS CRIMINAL TRESPASS?

Generally, criminal trespass occurs when an individual enters or remains on another person's property without permission. That said, Pennsylvania law distinguishes between different degrees of criminal trespass based on the circumstances of the offense.

DEGREES OF CRIMINAL TRESPASS

For hunter knowledge purposes, we will not be addressing building trespasses, but merely a simple trespass, a defiant trespass, and an agricultural trespass[1] as set forth in the PA trespass law.

                                                                                                                                                        I.         Simple Trespasser

Let’s start with how PA defines a Simple Trespasser. To become a simple trespasser, you must, without “license[] or privilege to do so,”…“go onto a property with 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.

18 Pa.C.S. § 3503(b.1). (Emphasis Added.).

Note the “for the purpose of” language and let’s do an exercise to better understand the statute. You go onto another person’s property that it is not posted. Does this mean you are a simple trespasser? Under the statute, probably not. Unless you came there to damage the property, set it on fire, or harass the owner, you are not committing any crime.

Where I think people get confused is that you are still trespassing, just not in the criminal sense. You may still be sued for civil trespass which just requires, regardless of intent, that one is on a property they do not own. Awards for civil trespass (if no property damage) can be as low as is $1.00 for “nominal damages” and, depending on the jury and state, punitive damages may or may not be awarded. [2]

It is hard to be a simple trespasser if you are simply trying to hunt because you have to know that you are not supposed to be on the property and you have to go onto someone else’s property with the intent to harass the owner or damage property. I have never seen anyone do that in my two decades of hunting experience. But, if you are somehow facing simple trespasser charges, you probably have more serious charges to deal with.

                                                                                                                                                   II.         Defiant Trespasser

Now for example, if the landowner sees you on the property (even if you are not a simple trespasser) and tells you to leave, you must leave or else you will be committing a criminal trespass, a defiant trespass, which has much more serious criminal ramifications.

The current defiant trespass statute reads:

Criminal Trespass - Defiant Trespasser (Title 18 § 3503(b)): 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. (Emphasis Added).

The defiant trespass language includes a “notice” requirement that, on top of someone telling one person to leave a property, notice can also be a properly posted property and certain fences. Properly posting the property can now be done via PA’s Purple Paint Law that merely requires markings of purple paint, at least 3 feet from the ground and 8x1” in size be no more than 100 feet apart. See, 18 Pa.C.S. § 3503(b)(vi). You can still use “POSTED” signs to accomplish the same. Then, any person on a property will be properly noticed under the law, and if they are on a property without permission, they are a defiant trespasser.[3]

If there is still any confusion as to a general rule for either simple or defiant trespass, the Supreme Court of Pennsylvania ruled in Commonwealth v. Carter that PA’s criminal statute has a scienter requirement that requires knowledge of wrongdoing for the criminal trespass statute to apply. 482 Pa. 274, 277 (Pa. 1978) (Emphasis Added). As we have discussed, per the PA law, “knowledge” is the intent to cause harm as in simple trespasser, or “notice” (posting property or a demand to leave) as to a defiant trespasser.

Criminal Penalties

Okay, so now we have a decent grasp on what criminal trespass is, what are the punishments for each degree of trespass? Generally, they may include fines, probation, community service, or imprisonment. The severity of the punishment is often determined by factors such as prior criminal history and the presence of aggravating circumstances. Even still, per the black letter law:

·      Defiant Trespasser (Title 18 § 3503(b)): This is a misdemeanor of the third degree, punishable by up to one year in prison and a fine of up to $2,500.

·      Simple Trespasser (Title 18 § 3503(b.1)): This offense is categorized as a summary offense, resulting in fines and potential imprisonment for up to 90 days.

·      Agricultural Trespasser (Title 18 § 3503(b.2)): Agricultural trespass is a summary offense, with penalties similar to those for simple trespassing.

CONCLUSION

Understanding Pennsylvania's criminal trespass law is essential for landowners to enforce their property rights and for hunters to avoid unintentional violations and legal consequences. By respecting the rights of property owners and adhering to the boundaries set by the law, hunters can contribute to a safer and more enjoyable hunting season without having to worry about being dragged into court. If unsure about the legality of entering a property, seeking permission from the owner or responsible party is always the best plan.

If you still have questions about the law or are facing a criminal or civil trespass issue, contact an attorney at The Skeen Firm.

[1] An Agricultural Trespasser pertains specifically to entering agricultural or other lands used for crop or livestock and has substantially similar requirements as a defiant trespasser. See, Title 18 § 3503(b.2) Therefore, agricultural trespass will not be discussed at length.

[2] A good read on civil trespass damages was penned by the Wisconsin Supreme Court in Jacque v. Steenberg Homes, Inc., 209 Wis. 2d 605, 609 (Wis. 1997). (Not binding law in PA).