'Professional land surveyor.' As defined under the act of (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law. (d) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection: (c) Affirmative defense.-It is an affirmative defense to any prosecution for an offense under this section that the survey monument or marker was improperly placed by a professional land surveyor. (b) Restitution.-Any person convicted of violating this section shall, in addition to any other penalty imposed, be liable for the cost of the reestablishment of permanent survey monuments or markers by a professional land surveyor and all reasonable attorney fees.
(2) A person commits a misdemeanor of the second degree if he willfully or maliciously cuts, injures, damages, destroys, defaces or removes any survey monument or marker in order to call into question a boundary line. (1) A person commits a summary offense if he intentionally cuts, injures, damages, destroys, defaces or removes any survey monument or marker, other than a natural object such as a tree or stream.
