Killing a snake in Georgia is illegal in most cases. Under O.C.G.A. § 27-1-28, all nongame wildlife is protected by default, and that covers roughly 40 non-venomous snake species found across the state. Venomous snakes are one of the exceptions the statute carves out, but that exception disappears when a species carries federal or state threatened status. Get the identification wrong and you can face a misdemeanor under state law or much steeper penalties under federal law.1Justia. Georgia Code 27-1-28 – Taking of Nongame Species
Non-Venomous Snakes Are Protected by Default
Georgia’s wildlife code starts from a simple premise: you cannot take a nongame species unless the law specifically says you can. O.C.G.A. § 27-1-28 lists a short set of exceptions, including rodents, coyotes, armadillos, and venomous snakes. Every snake not on that list is off-limits.1Justia. Georgia Code 27-1-28 – Taking of Nongame Species
That includes common backyard species like rat snakes, king snakes, and garter snakes. Killing one because it startled you is still a violation. If you can’t confidently identify a snake as venomous, leave it alone; a copperhead lookalike that turns out to be a harmless rat snake is a protected animal, and killing it is treated the same way regardless of your mistake.
Which Snakes You Can Legally Kill
Georgia law allows the killing of venomous snakes. The statute lists “poisonous snakes” (the legislature’s term, though “venomous” is scientifically accurate) among the nongame species that may be taken “by any method except those specifically prohibited by law or regulation.”1Justia. Georgia Code 27-1-28 – Taking of Nongame Species The Georgia Department of Natural Resources confirms these species may be taken “because of their status as a nuisance or other reason.”2Georgia Department of Natural Resources Law Enforcement. Laws Related to Native Wildlife
There is no “imminent threat” or “self-defense” requirement written into the statute. According to the Georgia Department of Natural Resources, the state has seven venomous species:3Georgia Wildlife Resources Division. Venomous Snakes of Georgia
- Copperhead, the most commonly encountered venomous snake in the state
- Northern cottonmouth, a semi-aquatic species often called a water moccasin
- Florida cottonmouth, found in southern Georgia
- Eastern diamondback rattlesnake, the largest venomous snake in North America
- Timber rattlesnake, also called the canebrake rattlesnake
- Pygmy rattlesnake, small but venomous, widespread across the state
- Eastern coral snake, uncommon and reclusive, with red, yellow, and black banding
Two Venomous-Adjacent Species You Still Cannot Kill
Even inside the venomous-snake exception, there’s a hard limit. Subsection (c) of O.C.G.A. § 27-1-28 says nothing in the statute authorizes taking any species protected under the federal Endangered Species Act or any Georgia law protecting endangered or threatened species.1Justia. Georgia Code 27-1-28 – Taking of Nongame Species Two snakes stand out.
Eastern Indigo Snake
The eastern indigo snake has been listed as threatened under the federal Endangered Species Act since 1978. Harming, harassing, capturing, or killing one without a federal permit is illegal.4U.S. Fish & Wildlife Service. Return of a Magnificent Species: The Eastern Indigo Snake The species is also protected under Georgia state law. Adults are glossy blue-black, non-venomous, and can exceed seven feet, so they are not easily mistaken for a copperhead or rattlesnake. Their range in Georgia overlaps with gopher tortoise burrows in the southern part of the state.
Southern Hognose Snake
Georgia classifies the southern hognose snake as threatened under state regulations (Chapter 391-4-10 of the Rules and Regulations of the State of Georgia), which makes it illegal to take, possess, or transport one.5Federal Register. Threatened Species Status With Section 4(d) Rule for Southern Hognose Snake This small, non-venomous snake is sometimes mistaken for a pygmy rattlesnake because of its stout body and upturned snout. It lives in sandy, well-drained habitats in the Coastal Plain.
State Penalties for Killing a Protected Snake
Illegally killing a protected non-venomous snake is a violation of Georgia’s nongame wildlife protections. Violations of the game and fish code are generally misdemeanors, carrying a fine of up to $1,000 and up to 12 months in jail. Repeat offenses or violations tied to license suspensions can be elevated to misdemeanors of a high and aggravated nature with fines between $1,500 and $5,000.6Justia. Georgia Code 27-2-42 – Penalty for Violating
A conviction can also trigger suspension of hunting and fishing privileges, and equipment used in the violation may be subject to forfeiture.
Federal Penalties for Killing a Threatened Species
Killing a federally protected species like the eastern indigo snake carries penalties well beyond the state misdemeanor. Under 16 U.S.C. § 1540, a knowing violation of the Endangered Species Act carries a criminal fine of up to $50,000 and up to one year in federal prison.7GovInfo. 16 USC 1540 – Penalties and Enforcement Civil penalties for knowing violations reached $65,653 as of 2025 and are adjusted periodically for inflation.
The U.S. Fish and Wildlife Service enforces these provisions, and “knowing” is a low bar. You don’t need to know the snake was federally protected, only that you intentionally killed it. A Fish and Wildlife Service pamphlet on the eastern indigo warns that any attempt to kill, harm, or harass the species is prohibited, with maximum civil fines of $25,000 and criminal fines up to $50,000.8U.S. Fish and Wildlife Service. Eastern Indigo Snake Protection Measures
Safer Options Than Killing
Even when killing a venomous snake would be legal, it’s often the riskiest choice. Most bites happen during the attempt itself. A few practical alternatives keep you out of the hospital and out of legal trouble:
- Back away slowly. Most snakes will retreat on their own if given space and a few hours.
- Call a wildlife removal professional. Snake relocation is routine work for licensed handlers.
- Reduce habitat around your home. Keep grass short, clear brush and debris piles, seal foundation gaps, and control rodents so snakes have no food source.
- Install exclusion fencing around patios or garden beds where you want a hard barrier.
- Contact the Georgia DNR if you think the snake may be a protected species or you can’t identify it. The agency can connect you with permitted handlers.
Georgia’s rule reduces to a simple pattern: venomous snakes can be killed, non-venomous snakes cannot, and threatened species are off-limits regardless of category. When you can’t tell which one you’re looking at, leaving it alone is the safest answer both legally and physically.