Gillette Trespassing to Hunt Lawyers
One of the most common and potentially serious errors hunters make in Wyoming is to trespass on another’s property to hunt or trap game. The law is clear; you must have written permission to hunt on another party’s land. Even if you were unaware that you were trespassing, once charged with a violation, you will be forced to appear in court, post bail, and could face serious legal consequences. Under Wyoming law, it is up to the hunter to know if the land is public or private, and signs may not have been visible informing you that you are crossing onto private land.
If you have been charged with trespassing while hunting in Campbell County, reach out to our team at Steven Titus & Associates, P.C. Our Gillette trespassing to hunt attorney can go over your charges in a free initial consultation, explain your rights under the law, and advocate for your best interests. These charges come with significant penalties, especially for out of state hunters, but we are prepared to defense you in court. Call us at (307) 257-7800 to get started on your defense.
Trespassing to hunt is defined under Wyoming Statute 23-3-305(b), which states:
“No person shall enter upon the private property of any person to hunt, fish, collect antlers or horns, or trap without the permission of the owner or person in charge of the property. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).”
The law also states, under 23-3-305(e), that:
“No person shall hunt at night upon privately owned or leased lands except with written permission of the landowner or lessee.”
Under these laws, you can be charged with trespassing to hunt if you:
- You were on private land without permission; and
- You were there while hunting or trapping.
These cases are “strict liability,” with no requirement to prove intent.
Hunters may face trespassing to hunt charges after unintentionally entering private property, and when the incident is reported, the game warden will issue a citation, as the landowner may be contentious and unwilling to let the matter go. A hunter who (intentionally or unintentionally) crosses the property line and enters private land is at risk of facing charges of trespassing to hunt, even if the animal was not killed directly on the property, as the court considers the recovery of game to be an aspect of hunting. Transporting an animal that was legally harvested on public land by crossing private land without permission can result in legal repercussions.
Any person who is convicted of this offense, or pleads guilty to it, will be facing significant penalties, including:
- Up to $10,000 in fines
- Imprisonment up to one year
- Up to $1,000 in fines
- Up to six months in jail.
It is vital to be fully aware of the land boundaries when hunting in Wyoming, even on public land, as only areas legally open to hunters can be crossed. Not all public land is open to hunting. If you have wandered onto private land or public land where it is illegal to hunt, you will need a skilled attorney to avoid criminal charges in Wyoming.
It is critical that you exercise your right to remain silent and contact an attorney immediately. The earlier the legal team at Steven Titus & Associates, P.C. gets involved, the more likely profound consequences could be avoided. Every case is unique and deserves the full attention of a lawyer to identify the flaws in the case and seek to reduce the damage. Just a few of the possible defenses include:
- You were not on private land.
- You had legal permission to be present on the land.
- The property owner was aware you had entered the property in the past and had not taken action.
- The property had no posted signs or fences.
If you are facing charges for trespassing while hunting, contact the Gillette hunting and fishing violation attorneys at Steven Titus & Associates, P.C. at (307) 257-7800. We have the dedication and work ethic your case deserves and are proud to have achieved an impressive win-loss record in court. We are always available to our clients, responsive, and take on every case with determination, focused on seeking the most favorable outcome possible.
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