Misperceptions regarding Criminal Trespass

jakebuddy

Senior Member
Dnr doesn’t usually charge people with trespass, hunting or fishing without permission does not have the same requirements as trespass. You are completely correct about trespass, first offense is usually a trespass warning that could later on second offense be criminal trespass. But hunting without permission does not require anyone to be warned first the law states you must have permission from the land owner to hunt and if caught the landowner can prosecute or request DNR to.
 
Yeah, hunting without permission doesn't have the burden that CT does. I was just trying to explain trespass to those who have been frustrated when it wasn't addressed by local PD.
 

Nimrod71

Senior Member
Sleep I hear you and know what you are talking about. I even had one try to run me off my own property and I wasn't even hunting. He told me the man he rented the land from told him to keep people off the property. I ask him if he knew who owned the property and he said he did. I ask him if he knew who I was and he said he did. It got bad then. We both survived and drove out of the field. We both were lucky. Deer hunting can drive some people crazy and make them do stupid things.
 

nmurph

Senior Member
If they are hunting on your land, don't bother with the local Bubba Sheriff- call the DNR. Several years ago I found out where someone had slipped in on the back side of the creek and put a ladder stand up and scattered corn around. I recorded the position with my GPS. When I got home that evening I called the local Green Jeans and gave him those coordinates. The next morning he met me at the farm with another officer. About 30 minutes later that came back and said that they had written that guy three tickets and that he would not be back. He told me that if the stand was still back there in a couple of weeks that I was welcome to take it. I did so. It's one of my favorite stands to hang out now and I remember where it came from every time I climb up in it.
 

mattuga

Banned
One day, one day...when I own land the DNR and Sheriff will get lunch and such from me until I get in their good graces. That may be a pipe dream but play the game. Make friends with those that can help. I'm not sure about giving them a key like some do though, just because you don't do illegal stuff doesn't mean you want a DNR officer coming onto your land just because you gave them permission. I'll have to learn how to handle that line.

Good and Bad officers is accurate for both DNR and Police/Sherriff. Just need them to know who you are and that you care about them, politics hasn't changed in the country ever. It just makes bigger news in the city bc it tends to deal with bigger $$.
 

Rich M

Senior Member
I've read about folks getting arrested for trespass off game cam pictures.

The verbal warning first stuff doesn't pan out IMO.

I had trouble w trespassers and couldn't get sheriff to do squat. The trespassers were his neighbors. What a load that was.
 

jav

Senior Member
I have dealt with trespassers for 20 years. The first thing i do when i approach them is take their picture. It usually catches then off-guard and i tell them i have them on file and they were trespassing. I have found stands on my property, reported it to DNR and get told to call them when i catch someone in the stand, which is impossible. Its a no win situation, a lot like rental property, the tenant has more rights than the owner.
 

Juan De

Senior Member
I have someone that likes to ride the atv / four wheeler around my gate, say by some accident a 1X 6 with 300 nails just happened to be up under pine straw where they normally come through. Is there any way they could come after me.
 

JustUs4All

Slow Mod
Staff member
Most assuredly they can and if they do they will probably win.
 

Kris87

Senior Member
GW told me I had to report criminal trespass through the county police. County police told me they had to actually accompany me and essentially setup a sting to catch the perpetrator. Pictures didn't help, video didn't help. They wouldn't even go to the person's door with me and at least ask them to stop. I gave up...didn't feel like wasting taxpayer's money by having them do what they offered.
 

Throwback

Chief Big Taw
If they’re hunting/fishing/trapping without permission there is a whole separate law that addresses those activities In title OCGA 27 and these laws very strict compared to criminal trespass (Title 16)

The land doesn’t have to be posted and they don’t have to be warned

As one of my judges told a guy in court “if you’re standing somewhere hunting it’s your responsibility to know who owns it and to have permission—no one else’s”
———

And yes police and deputies can enforce these laws too most just don’t realize it or don’t want to because they haven’t been trained on these laws.
 

livetohunt

Senior Member
I've read about folks getting arrested for trespass off game cam pictures.

I had a guy trespass in a truck on my Illinois property this summer. He drove all thru one of my farms and I got him on 4 different cameras. I went to the local police and told them what happened. He asked me if I was the owner of the land, and had I warned this individual before about trespassing. I said yes to owner, and no to previous warning..He said I'll get back to you soon..They called the individual in thru the tag number and charged him with trespassing. The officer came out to my farm and took pictures of the no trespassing signs, and the exact spots where I got his picture. Doing this also gets the warning out to other trespassers to stay off that farm..
 

RipperIII

Senior Member
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.
we had a very similar situation...with a police deputy and his kid...took some effort, but eventually the sheriff encouraged the deputy to hunt elsewhere.
 

Spotlite

Resident Homesteader
Most land owners won’t prosecute unless there’s property damage or theft.

I had a fella hunting on me. It was easier to put bars of soap around his stand and let him be.
 
Top