With Pa joining the interstate compact for game law violations and the upping of poaching violations is there a statue of limitations for these violations? I was just wondering because I havent heard of anything. Personnally I dont think there should be a Statue of limitations.
Game law statue of limitations?
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It use to two years if it has not changed.
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Sounds like an award . You must mean a statute of limitations.
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Of course there should be a statute of limitations. Why should somebody be accused of a crime out of the blue 20 years later and have to try to reconstruct their life and track down witnesses after all that time has passed. The defendant would be at an extreme disadvantage over the evidence and witnesses. That and a speedy trial are some of the reasons why we fought a revolution.
There is no statute for murder or manslaughter, for most other offenses the statute is two years. However, some sex offenses, robbery, burglary, arson forgery and perjury have a five year statute. For frauds, the statute is extended until one year after the fraud is discovered. There is a very short statute for most traffic summary offenses. However, the two year period does not run, while the defendant is absent from the state or while he reasonably cannot be found. So a game violator from Indiana who commits a violation in PA and leaves the state, can be charged whenever he may return to PA, even decades later.
A person who has no known address or place of employment, can be prosecuted when they "resurface" There are such individuals who have no driver's license, no fixed address and move around so much that they can't be found.
There is no statute for murder or manslaughter, for most other offenses the statute is two years. However, some sex offenses, robbery, burglary, arson forgery and perjury have a five year statute. For frauds, the statute is extended until one year after the fraud is discovered. There is a very short statute for most traffic summary offenses. However, the two year period does not run, while the defendant is absent from the state or while he reasonably cannot be found. So a game violator from Indiana who commits a violation in PA and leaves the state, can be charged whenever he may return to PA, even decades later.
A person who has no known address or place of employment, can be prosecuted when they "resurface" There are such individuals who have no driver's license, no fixed address and move around so much that they can't be found.
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You also have to keep straight whether the crime is for the commission of an act, such as killing a hawk, or for possession of parts of that Hawk. Two years after the hawk is killed, the PA statute has probably run. But each successive day of possession is a new crime with a new two year period. So possession of a eagle feather can be prosecuted until two years after you no longer have possession. Perhaps longer under federal law.
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Wouldn't the grading of the offense determine a Statute of Limitation?
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The statute of limitations is spelled out in the Game Code.
Sec. 921. Time for commencing prosecutions.
Prosecutions for violating any provisions of this title shall be commenced within two years after the violation occurs.
Sec. 921. Time for commencing prosecutions.
Prosecutions for violating any provisions of this title shall be commenced within two years after the violation occurs.
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Is it correct that limitations does not run out if charges have been filed (or warrent issued)
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Yes and no. Sometimes on summary offences the court will null pros a case that is filled but no action has been taken in years.
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John is correct. You also can run into the speedy trial rule, but that is generally only after the person has been legally notified that charges are pending. Most magistrates want to clear the dockets of stale cases.
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John S said:
I do find it peculiar that a failure to render assistance or the shooting of someone would have the same limitation for commencing prosecution as a very minor infraction... But if it works for you guys ... so be it.
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