You should probably first identify it and then check your state's laws.
For example, to catch and keep any herp in PA you must have a fishing license. Furthermore, our state puts seasonal limits as well as daily catch and possession limits on species. Some reptiles and amphibians have NO open season and the daily catch and possession limit is ZERO-meaning that it is illegal in our state to catch and keep those species. I am not sure of the reason, but the Shorthead Garter Snake is on that list (go to http://www.fish.state.pa.us/fishpub/summary/repamp.html and scroll down after the first chart to see for yourself). You should also consult an endangered and threatened species list for your state as it is illegal to catch and keep any species on that list as well. Finally, some species in some states require a permit if you want to keep them.
Now will you get caught if it is an illegal herp?.....Probably not-but the herps on the endangered/threatened lists or the No open season list, in theory, are on there for a reason. For example, you should think about other people and their children if it is on an endangered list, if you keep it, it wont have the ability to reproduce in the wild and then those people may not experience finding that species when they are field herping.
Hope that helps.
Posting pics here may allow others to help you identify it.









)....and I have the proper enclosure, time, and feeders. 

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