Yes, it is illegal to kill non-venomous snakes in Georgia. State wildlife law protects them as nongame species, and a violation is a misdemeanor that can bring a fine of up to $1,000, up to 12 months in jail, or both. Only six of Georgia’s 47 snake species are venomous, and those are the only ones the statute lets you take.
The Statute Behind the Rule
O.C.G.A. § 27-1-28 makes it unlawful to hunt, trap, take, possess, or transport any nongame species of wildlife in Georgia. The statute then lists specific nongame animals that people are allowed to take, including rats, mice, coyotes, armadillos, groundhogs, beaver, freshwater turtles, frogs, and “poisonous snakes.” Non-venomous snakes are not on that list, so they remain fully protected.1Justia Law. Georgia Code 27-1-28 – Taking of Nongame Species
The law uses “poisonous” rather than the more accurate “venomous,” but enforcement officers apply it the same way. If the snake isn’t one of Georgia’s six venomous species, killing it is a crime. That covers roughly 41 species found across the state, including rat snakes, king snakes, garter snakes, black racers, and corn snakes.2Department Of Natural Resources. Snake Information and Resources
Can You Kill a Snake in Self-Defense?
The statute contains no explicit self-defense exception for nongame wildlife. Georgia DNR guidance recognizes that a snake posing an immediate threat is different from a snake passing through a yard, but the agency’s consistent recommendation is to give any snake room and let it leave on its own.3Department Of Natural Resources. DNR: What to Do When You See A Snake
In practice, officers focus on people who kill snakes out of fear or dislike rather than genuine emergencies. A snake sunning on a patio or crossing a driveway is not an immediate threat, and killing it in that situation is the kind of case that draws a citation. If a non-venomous snake has actually cornered someone or is biting a pet, general criminal-law defenses like necessity might apply in theory, but no published Georgia court decision has tested that in the snake context. The safe course is to back away, let the snake leave, and call a professional if it won’t.
What the Penalty Looks Like
A violation of O.C.G.A. § 27-1-28 is a misdemeanor. Under Georgia’s general misdemeanor statute, a judge can impose a fine of up to $1,000, jail time of up to 12 months, or both.4Justia Law. Georgia Code 17-10-3 – Punishment for Misdemeanors The Georgia Department of Natural Resources Law Enforcement Division investigates these cases and can issue citations in the field.5Department Of Natural Resources. Venomous Snakes of Georgia
A conviction also creates a criminal record that can surface in background checks for employment, housing, and professional licensing.
When the Stakes Get Much Higher
Some non-venomous species in Georgia carry federal protection on top of the state nongame rule, and the penalties change substantially.
Eastern Indigo Snake
The eastern indigo snake has been listed as a federally threatened species under the Endangered Species Act since 1978.6U.S. Fish & Wildlife Service. Return of a Magnificent Species: The Eastern Indigo Snake Knowingly killing a threatened species can bring a federal fine of up to $50,000, up to one year in federal prison, or both. The ESA does provide a self-defense exception if you acted in good faith to protect yourself or another person from bodily harm, but the burden is on you to prove that belief.7U.S. Fish & Wildlife Service. Endangered Species Act Section 11 – Penalties and Enforcement
Southern Hognose Snake
The southern hognose snake is already listed as threatened at the state level, and the U.S. Fish and Wildlife Service has proposed a federal threatened listing.8Federal Register. Endangered and Threatened Wildlife and Plants – Threatened Species Status With Section 4d Rule for Southern Hognose Snake Taking or possessing this species is prohibited under Georgia rules now, and if the federal listing is finalized, ESA penalties would apply as well.
Georgia’s Six Venomous Species
Killing a venomous snake is legal because those species appear on the exemption list in O.C.G.A. § 27-1-28.1Justia Law. Georgia Code 27-1-28 – Taking of Nongame Species The six are:
- Copperhead
- Cottonmouth (also called water moccasin)
- Timber Rattlesnake
- Eastern Diamondback Rattlesnake
- Pygmy Rattlesnake
- Eastern Coral Snake
Misidentification is where people get into legal trouble. Banded water snakes are routinely mistaken for cottonmouths. Rat snakes and hognose snakes get killed on the assumption they’re rattlers. The statute does not forgive honest mistakes. If you kill a non-venomous snake you believed was venomous, you have still violated the law. When you can’t confirm the species, leave the snake alone.
Catching or Keeping One Is Also Illegal
The prohibition is not limited to killing. Georgia law makes it unlawful to possess or transport native non-venomous snakes without a permit, and the state does not issue permits for keeping native wildlife as pets. The restricted list covers black racers, corn snakes, all kingsnake species, rat snakes, garter snakes, water snakes, and hognose snakes, among others.9Department Of Natural Resources. Laws Related to Native Wildlife
Taking a native non-venomous snake from the wild for a home terrarium is the same class of offense as killing one. Even licensed nuisance wildlife control operators can only capture non-venomous snakes alive; they cannot kill them.
What To Do Instead
The DNR’s guidance is to give the snake space and let it leave. Most snakes in yards and gardens are passing through and will move on within hours if nothing bothers them. Do not try to handle the snake yourself, even one you believe is harmless.3Department Of Natural Resources. DNR: What to Do When You See A Snake
If a snake is inside your home or has settled somewhere it won’t leave, hire a licensed nuisance wildlife control operator. The DNR maintains a directory of licensed operators through its special permits section.10Department Of Natural Resources. Preventing Wildlife Conflicts Removal usually costs a few hundred dollars depending on the location and urgency, which is well below the maximum fine for handling it yourself the wrong way.