(a) A person who, without the written consent of the owner or person having the exclusive right to take fish or wild animals, takes fish, game, or other animals or carries or possesses a firearm, bow and arrow, or wild animal trap in private preserve as posted under section 5201 of this title or mutilates or defaces the notice called for in subsection 5201(b) of this title shall be fined not less than $25.00 nor more than $100.00.
(b) The owner or person in control of such private preserve may recover the actual damages sustained by him or her in a civil action on this statute.