Misperceptions regarding Criminal Trespass

[Thepapajones]

I have gotten so much out of this forum I wanted to share what little I do have expertise on. There is clearly a lot of confusion about criminal trespass laws based on what I see others post. I am an Atlanta Police officer and I work in Criminal Investigations so I can speak to this topic with confidence. First, (disclaimer) your county dictates whether they will and how they prosecute any state offense, which includes 16-7-21 (Criminal Trespass). So just because Floyd County enforces a state statute, Douglas has no obligation to enforce it in the same way. Thats why its so important that people pay attention to their District Attorney elections.

So... the important part that most people misinterpret about the code section is "knowingly and without authority". The victim or landowner has to essentially prove the "knowingly" portion for any successful prosecution. Fulton County requires the perpetrator to receive a verbal warning from the victim prior to any prosecution. This means that the million "no trespassing" signs posted are worthless. A lot of counties have adopted this liberal interpretation. They place the burden on the landowner. If the landowner can prove that the suspect intended to commit a different crime or damage the property than the above rule doesn't apply.

I know some people will say, "Thats why I post my signs at the entrance, they have to see it" or "The DNR told me that they would prosecute". First, there are a million defenses to trespassing signs, "I didnt see it" "A guy I met told me he was the owner and gave me permission" "I am lost" etc... Second, The DNR has to prosecute within the county the offense occurred. Their ability to prosecute depends on their relationship with the DA's office and what the DA's office wants to do. The more conservative your DA office is the more likely your property rights will be protected. Good luck.

 

[ucfireman]

Perfect example of "interpretation" of the law instead of the "enforcement" of the law.

 

[lancek742]

It amazes me that it's up to the land owner to prove. It should be as simple as The person trespassing knows that they do not own said property. If I am on my hunting lease that backs up to say Corp land or a WMA I can't simply say I was lost if I shoot something on those properties.

 

[Browning Slayer]

So you're saying it's just better to shoot them, bury them and never report it... Problem solved...

 

[lancek742]

Thank you by the way for clearing up a lot of confusion.

 

[kmckinnie]

I very very rarely have that problem.

 

[kmckinnie]

In my area. LEO tells me.

No gun but trespassing like on ATV or whatever. Call the sheriff.

Now if they have a gun. Call a DNR officer.

 

[kmckinnie]

Durning the off season if I see tire tracks from the nite time. I know folks around here run hog dogs and most likely getting them.
I don’t worry to much about that either.

 

[OleCountryBoy]

Thank you for posting, there's gonna be a lot of folks' feelings hurt.

 

[Wifeshusband]

Last year, for the first time in many decades, we had trespassers on the property from the next door lease. They were not confused and the signs were irrelevant, as I shinned the trespasser off in the dark of the morning with a flashlight. He was headed to my stand. Later he was seen by someone else walking right by our truck in broad daylight. He darn well knew he was trespassing. The problem is (from the voice of experience) the Sheriff in many of these counties don't want to get involved, as Barney Fife said, they've got "bigger fish to fry." And the game wardens are stretched so thin it may take them a while to help you. My suggestion to the landowner was to write the timber company a letter about their tenants. He didn't want to do that and has been trying to locate the outfit's top dog. No luck so far.

 

[livetohunt]

Isn't there also a difference between criminal trespassing and just a trespassing charge?

 

[LittleDrummerBoy]

I'm a fan of reporting it to DNR. Some years ago, we were having trouble with hunters on nearby properties wandering all over our property. It took several reports, but eventually DNR hid in the woods and caught them.

One of the trespassers was a local cop who trusted his position not to get busted. The DNR cited him and he was prosecuted along with his crew.

Once word got out about that event, our problem with trespassing hunters was greatly reduced.

Yes, DNR folks are stretched pretty thin. But they do care, and eventually a squeaky wheel will get some grease.

 

[Stang]

When I had trespassers (and theft) in Fannin County and they went before the DA, the first question asked was "have you been told to stay off of this property before?"
Trespassing charge was dropped but theft charges remained and he was convicted of stealing 2 trail cameras and had to pay restitution. Luckily, the deputy who came out to the property was excited to see that I had trail camera picture of the guy with bolt cutters in hand along with his 4 wheeler. Less than 3 hours later had his location identified by the 4 wheeler parked in a yard but nobody answered the door and he went into hiding. Some 3 months later he turned himself in and said he didn't steal anything until the pics were presented and his lawyer told him to keep quiet. Trail cameras 14' up a tree work...at least in my case.

 

[Wifeshusband]

Apparently GON has tackled this problem before.
https://www.gon.com/hunting/dealing-with-trespassers

 

[LIB MR ducks]

There is a big difference in Criminal Trespass and Hunting without Permission laws.

27-3-1 (a) It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land.

Also it is not required by law to post property to charge someone with Hunting without Permission. It just determines if person must have written permission.

(b) If the land is posted and if the owner of the land, lessee of the land, or lessee of the game rights of the land has informed a law enforcement agency that permission to hunt upon the land must be in writing, then the permission required by subsection (a) of this Code section must be in writing and must be carried on the hunter's person.

 

[huntersluck]

A friend of mine caught someone huting/ trespassing on his property guy said he didnt see any posted signs. My friend gave him a great response he said you think this land doesn't belong to anyone? You know you dont own it the guy just left he had no arguement

 

[1eyefishing]

I'm not a real tough guy, but I've had several harsh incidences with trespassers. My mode has to been leave them wanting to call the law on me. The burden of proof was up to them to prove what happened with that A-Grade back there in the woods.

 

[livinoutdoors]

I have posted signs just inside my front door and all windows so if someone breaks in the house they know they are not supposed to be there.

 

[Buckman18]

Durning the off season if I see tire tracks from the nite time. I know folks around here run hog dogs and most likely getting them.
I don’t worry to much about that either.

That's my mentality. I've been on leases and folks (the city slickers mostly) worry themselves to death because they 'think' someone passed through. Maybe they saw boot tracks on the 4 wheeler trail, etc... I've seen it dominate the campfire discussion at supper time. If there's a problem, usually a 'hey we lease the hunting rights here and we ask that you leave' takes care of it.

Hunting club drama.

 

[sleepr71]

For me..it depends on WHAT they are doing & what time of the year it is. Their INTENTIONS? Our dogs got out of their kennels & went roaming on a hunting lease across the highway this Summer(June). No idea who leases it & where they are from. New group. Plum Creek land. Kids & Wife were upset as these are just fur balls that’ll lick you to death & have NO intentions of chasing deer or anything. I jumped on the 4-wheeler(no guns) & covered several miles before I found those 2 rascals I knew My pic was on several of their game cams(because of me riding by)...and when some of them came out to get ready for Bow season about a month ago...I saw them & they started talking amongst each other & pointing at me. I was on the 4-wheeler & checking fences. They were putting up new gates...so I rode across the highway & introduced myself,and asked if they had seen ME on cameras over there? They grumpily said “YEAH,and WE DONT APPRECIATE IT!” I replied: “I understand,and it was ONLY to retrieve our family pets that had gotten loose & last spotted going into your property”. “Otherwise,I have NO business over here,on this property”. I apologized & gave them my name & number,told them that if they EVER needed help...call me & I’d help track/drag/load deer,or pick up tower stands,etc with my tractor,etc just let me know?. We farm,so we are always around with tractors. Not a ONE of them gave me their name/number,or nothing. No reciprocity. That’s cool. They are on their own. Don’t ask me for reciprocity either???I imagine a whole bunch of us have trespassed..when we were kids anyway. Didn’t mean a bit of harm...just walking in the woods & enjoying Nature. Sorry for the long rant—— I just hate how un-neighborly & butt hurt folks get these days over a piece of dirt... most of the times not even THEIRS..