Trespassing

[cantexduck]

  That is grasping , chance. 

     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 ?

[charles]

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

[Danny45]

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

[cantexduck]

Danny , all I was doing was finding the law.

    Nothing personal as we don't know each other.


Charles , OK.

[Danny45]

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

[Danny45]

Q

[halfbreed]

  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 .

[charles]

§ 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

[cantexduck]

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.

[charles]

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

[cajunl]

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.

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.

[rdjustham]

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.

[rdjustham]

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.

[cantexduck]

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

  What ?

[justincorbell]

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

  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!

[charles]

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

  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 

[cantexduck]

  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 
[/quote

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

[AnthonyB]

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

[Nathan83]

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!

[YELLOWBLACKMASK]

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.