EAST TEXAS HOG DOGGERS FORUM

Trespass is not a game law. If someone has any legit law on this I would like to see it. Trespassing is under the penal code. Getting a trespassing ticket is no different than getting a speeding ticket. But i would like to see proof that it is a game.law.

  for what state ?

When it comes to "Hunting", I believe it would be Hunting in a Restricted area.

http://www.tpwd.state.tx.us/regulations/fish_hunt/general_law.phtml


Penal code covers it but Texas Parks and wildlife can and will enforce it  . So yes it is a game law.  if you cut into my high fence and shoot an axis you will loose your hunting license,game law , and be charged with trespassing , criminal, and then sued in court , civil.

What if the property you are tresspassing ons owner sell hunts on the property?  Think it also depends if you have a firearm on some property.  I know Florida you have to have written owners consent before hunting.

To add.

    Few years ago they have ownership of hog to who ever owned the land it was on. I am not sure what the point of that was but they did.


 This falls under the same category that cut up dogs do for me. If it happens then keep it OK the down low. Telling people that you will follow your dogs no matter what is horrible for our image.

Texas parks and wildlife can and does also deal with folks who are speeding, and drinking from glass bottles in state parks, so does that make those "game Laws" too?

Cantex the reason I ask is the gamewarden says it is,not a game law.  Thats why it is ask!

  lol the game wardens have more power than the county sherriff or us marshals , even the F B I  has to have a warrent to search your vehical but not the wardens  . if they can't arrest you for it they will hold you there till someone that can shows up . i guess that is why alot of them have that holyer than god aditude  lol

I know around here where I live, it aint uncommon at all to get different answers from different wardens.  Bout the biggest PITA to get straight answers from majority of em.

NO, trespassing is NOT a game violation, but enforced by game officials, thats why it under the PENAL CODE. It dont matter who enforces it, it goes off what code it is written it. Simple cut n dry

Thank you t-bob, u made an execelent rebutal statement n a true statement at that

Gamewarden still has to have probable cause same as any other.


  Chance , I see your point. Hunting on private property with out permission has to be in a game law some where.

I cant find it.  All the research goes back to penal code.

 Most laws go back to a penal code. So sounds like someone needs to define game law.

Would it not fall under poaching ?

I think it goes on a case by case basis. Though trespassing may or may not be a direct "game law", wardens can use discretion just like any other officer. If you are stopped by a warden hunting somewhere you aren't supposed to be a warden can give you a ticket for trespassing and hunting or taking game without permission. He or she can use their discretion and give you a ticket for everything you are doing wrong or be more lenient and just give you one for a lesser offense. It's no different than when you get stopped for speeding and the officer gives you a ticket for an inspection or registration sticker instead. You were still ticketed, just for a cheaper and lesser offense. So, as far as hunting, if you are actively hunting and you get stopped by a warden and get a ticket for trespassing, you were hunting somewhere you weren't supposed to be, and hunting involves game, and to me that puts that violation in the "game law" category.
Anthony

Section 61.022(a) of the Texas Parks and Wildlife Code, a person may not hunt, catch or possess a wildlife resource at  any time or place without the consent of the landowner.

 That should clear it up. So yes it is covered in a game law.

Ok what if you get a ticket But not proven guilty in the court of law.

  That is grasping , chance.  ;D

     So we know it is a game law.  The question is , did they do it ?


  In t Bob fashion , if you are going 90 in a 70 and you don't get caught are you still breaking a law ?

Its covered in a game law, but is NOT governed by a game law

Cantexduck I was one to get a ticket we were on my lease there is many hunt clubs adjoining in the area we did not brake any law by trying to catch and cut off are dogs we cross a property Line witch my dogs was over we were chaseing my dog around that lease for a hour after being caught the game warden showed up and we signed are tickets and caught my dog as they were bein written if you are a hog hunter and hunt in east Texas and say you don't tress pass either you don't have a hog dog or your a liar we don't cut fences n we didn't cut fences there is no fences to cut I don't not feel as if I did wrong I retrieved my dog and that was it

Danny , all I was doing was finding the law.

    Nothing personal as we don't know each other.


Charles , OK.

And it is not stated as poaching poaching is game theft we talked to the pasture writer and the game warden and they both told are team to take the hog out of the lease as the pasture writer did not want them in there and we now have permission to retrieve are dogs off that lease if they cross into it agin the pasture writer didn't not want to have are team ticketed the timber company did and gave are team the lowest trespassing ticket they could the game warden did not really want to write the tickets because he told us he use to hog hunt and would have done the same thing I'm not rakeing anything personal just tired of hearing the bs about it

Q

  yes it is sad texas doesn't have a right to retrieve law on the books . to be legal in texas you have to go to the county records office and find out whom ownes the land then try and contact them to see if it would be allright to go on their property and retrieve your dog , all the while your dogs are running or are bayed solid on their land . you can call the game warden and wait for them to arrive and then have them give you permission to go get your dog  lol . that one law makes it suck to hunt in texas anymore , but what you gonna do quit huntin or try and get your dog and be gone  ? one thing to do would be to have contact info from all surounding land owners that you could call and get the permision you need pryor to turning loose . alot of the problem we have is people buy land and post it up and then go back home to NEW YORK CITY  lol and makes it impossible to get contact info .

§ 30.05. CRIMINAL TRESPASS.  (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
      (1)  had notice that the entry was forbidden;  or                             
      (2)  received notice to depart but failed to do so.                           
   (b)  For purposes of this section:                                             
      (1)  "Entry" means the intrusion of the entire body.                         
      (2)  "Notice" means:                                                         
         (A)  oral or written communication by the owner or
someone with apparent authority to act for the owner;
         (B)  fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
         (C)  a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden; 
         (D)  the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks
are:
I dont see where it states it is a game law violation. Its a penal code violation

TEX PW. CODE ANN. § 61.022 : Texas Statutes - Section 61.022: TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF LANDOWNER PROHIBITED

Search TEX PW. CODE ANN. § 61.022 : Texas Statutes - Section 61.022: TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF LANDOWNER PROHIBITED

Search by Keyword or Citation (a) No person may hunt or catch by any means or method or possess a wildlife resource at any time and at any place covered by this chapter unless the owner of the land, submerged land, or water, or the owner's agent, consents.(b) Except as provided by Subsection (c), a person who violates Subsection (a) the first time commits an offense that is a Class A Parks and Wildlife Code misdemeanor and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.(c) A person who violates Subsection (a) the first time by killing a desert bighorn sheep, pronghorn antelope, mule deer, or white-tailed deer commits an offense that is a Parks and Wildlife Code state jail felony and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.(d) A second violation of Subsection (a) shall be classified as one category higher than the first violation or a Parks and Wildlife Code felony, whichever is lesser, and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.(e) A third or subsequent violation of Subsection (a) shall be classified as a Parks and Wildlife Code felony and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 2, eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, Sec. 3, eff. Sept. 1, 1981; Acts 1997, 75th Leg., ch. 1090, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, Sec. 73, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 959, Sec. 6, eff. Sept. 1, 1999.Amended by:Acts 2005, 79th Leg., Ch. <a target="new" href="http://www.legis.state.tx.us/tlodocs/79R/billtext/html/HB00506F.HTM">1002[/url], Sec. 2, eff. September 1, 2005.« PrevTAKING WILDLIFE RESOURCES PROHIBITEDUpPROHIBITED ACTSNext »DISPOSITION OF SEIZED PROPERTY





  Charles , here I made it easy.

Big bird cookie monster style: sheriff gives trespassing ticket to same to guys for the exact same thing and charged under penal code law, not tpwd, so to make it easy for u too, read previous post

Florida is very cut and dry. They should have no problem giving you an answer.

Tresspass and no gun it is a first degree misdemeanor

Tresspass with a firearm it is a third degree felony.

If the land is properly posted for Agriculture, Horticulture, construction sites and other exceptions it is a third degree felony.

There is no right to retrieve dogs law in Fl. If someone catches your dog on their property they can notify the game warden and he can write a misdemeanor ticket.

There are other rules such as attractive Nuisance and whether trespassing a domicile. But those really dont pertain to hunting.

In Florida tresspassing is a criminal offense, its a misdeamenor.  However if your trespassing and have a firearm its a felony.  being caught tresspassing and taking an animal is also a criminal offense, there is no ticket.  Its either jail or nothin.  Now in Fl the statue for tresspass is 810.09 and it states if the property is fenced, posted or cultivated, which means if its any of the above and you dont have permission your done.  Now that being said if its not fenced posted or cultivated you have to be advised your tresspassing, which means all they can do if you havent already been is give you a written warning and tell you pack your backs and get.

well since i didnt read the whole thread before posting ill edit mine a lil.

Cajun is right, except if its fenced or planted with somethin then it doesnt need a sign.

  What ?

I believe the man said "big bird cookie monster style" referring to the level of maturity/education scale......however i have been wrong before........regardless  he still just said "big bird cookie monster style" and I find that hilarious fer some reason!

some1 with an education understood it. justin, i guess we know some didnt get the most outa school  >:D

  What ?
[/quote]
 
I believe the man said "big bird cookie monster style" referring to the level of maturity/education scale......however i have been wrong before........regardless  he still just said "big bird cookie monster style" and I find that hilarious fer some reason!
[/quote]
some1 with an education understood it. justin, i guess we know some didnt get the most outa school  >:D
[/quote

Ha. Did you really just insult my education level ?  I would not expect much less.........

There seems to be a lot of thought going into this subject for something that seems simple. If you get a ticket for trespassing and want to know if it is under game law or regular criminal law just look at the situation.

1- who wrote the citation, a regular cop or a game warden?

2- were you actively hunting or doing something that had to with hunting when you committed the violation?

3- were you somewhere you were not supposed to be?

If you answer these questions as, I was givin a ticket by a game warden while hunting and ended up somewhere I wasn't supposed to be, then obviously your ticket is directly related to the hunting you were doing and there fore becomes a game law violation. Getting a ticket for trespassing is just like any other misdemeanor, it doesn't make you a good or bad person, just means that you got a ticket. No different than speeding or running a stop sign.  I'm sure just about anyone hunter or not has at some point been in a situation where he or she could have gotten a ticket for something minor such as simple trespassing. We can all "what if" any situation, but at the same time while we "what if" it we must also pay attention to the common sense of the situation and take it for what it is. Whoever got the ticket, I feel for ya, tickets suck no matter what they are for, just seems to me to be a lot of discussion over something that is pretty easy to see.
Anthony

It's a 125 dollar fine in Texas catch 5 pigs and you still made money! It not ethical but most landowners will let you take the pigs!

Perty simple....even though it may not be very popular on our end. 

If you were written a ticket....its a misd not a felony.

Your signature on the ticket is not a plead of guilt...but simply a promise to appear before the magistrate that has jurisdiction in the precinct where the act had occured.

Common to the old urban legends and wives tales. Texas Game Wardens are State Police officers that are bound by the same rules and legal regulations as all other certified Texas peace officers that hold a commission.  They do not hold a mystical power to be able to search your house without consent or a legal probable cause search warrant. Searching a vehicle is completely different but just constitutes reasonable suspicion to request a seach or a lower threshold of proving probable cause than a residence.

Take your information and circumstance to the Jp and request one of three things.  Pleed guilty and pay your fine or request a trial by judge or jury if you feel you are legally in the right. If you have a good JP or understanding jury...they may take everything under consideration. But at the end of the day....were you legally on the property or not.  Doesn't matter what code or game law its covered in.