Don't be a poacher.

[mdk777]

Well, just to be clear
In most states, game animals are public and not private property.
Trespassing in itself is not poaching.
You can certainly seek remedy for the trespassing, but the deer on your property does not "belong" to you. Poaching is defined as out of season or without lic...not by trespassing.
Not having the proper tag is where the Gent got in trouble...not that he took it on his neighbors land.

Just saying.

There are exceptions of course for private game preserves, exotic animals, game that is actually "owned" by the land owner.

But in the US, we reject in large part the concept of "reserved" game.

 

[Deleted member 48126]

Well, just to be clear
In most states, game animals are public and not private property.
Trespassing in itself is not poaching.
You can certainly seek remedy for the trespassing, but the deer on your property does not "belong" to you.
Not having the proper tag is where the Gent got in trouble...not that he took it on his neighbors land.

Just saying.

There are exceptions of course for private game preserves, exotic animals, game that is actually "owned" by the land owner.

But in the US, we reject in large part the concept of "reserved" game.

yeah but the deer would never have been poached if homeboy wasn't trespassing to begin with.

 

[Tony Fontanesi]

WOW - What a tank! Where I hunt, the mountain buck are teeny tiny compared to this brute.

 

[sturner]

Don't get caught in Texas trespassing with a firearm

 

[BHP9]

We have a problem with some Mennonites trespassing on our range property. They open a gate.

 

[KyCarl]

You really need to have a clear understanding of Ky. law if you trespass on my property! Our laws are stacked in favor of the Landowner/Homeowner
And yes if you shoot it on your land and it jumps the fence and dies on my land it's now my deer..Just ask my new neighbor who won't let me fish in the pond anymore
because his grandsons like to fish...guess who got reminded when I said NO stay off my Property you can't come get the deer!

 

[mdk777]

again, you can tell someone to stay off your property, you can deny access...tell people to stay off your land.
However, you will have not legal recourse after the fact...you cannot claim they "stole" something. You do not own the wild game.
No one will be prosecuted for "poaching"
The act of trespassing, yes.
Yes you have rights as landowner, but you do not own the wild game.
In Ky or any other state.
It is our common law practice that the state and federal government controls and "owns" the wild game, not the individual.

Hence, when I go to a private duck camp, several thousand acres of private land, I still need the state lic. and Federal duck stamp.

I know it is a semantic detail to some, but it seems like the OP was implying that the game cam footage was evidence of a self evident enforceable crime...it was not.
Trespassing Yes.
Poaching NO.

PS, if you find a deer that has jumped onto your property and you want it.
1. you better have a tag.
2. if you do not have a tag, you will need to report it as found to the game dept. if you want to keep it.
This does vary some from state to state. TX just passed a bill regarding the keeping and eating of road kill.

But if you have a trophy buck with a bullet hole hanging in your front yard.....good luck telling the game warden that he simply died on your property so you have the right to keep it.

 

[Deleted member 48126]

But he did poach. He didn't have a tag. I actually don't understand?

 

[KyCarl]

Again you are wrong! It may be the case in your state. If I tell you to stay out and you don't I'll set my Rottweiler and Pit Bull on you and see who wins?
While me and my old buddy Ed Brown stand there and watch...
Then I'll drag the deer to my barn with my ATV. My barn is considered part of my castle in KY.
Come in after it...

 

[Deleted member 48126]

Mdk777 is saying no one owns the deer. You can't like press charges for taking a deer you wanted that was on your property.

there's land next to the land I hunt and they do trophy management. When we shoot deer they call us asking if we shot "their" deer. That's annoys the crap out of me.

 

[KyCarl]

OK then it's moot ..what you going to do Hover? If I say you can't come on my land
it's over! You can't get it without trespassing and then you go to jail or worse...
When someone is standing on my land with a Benelli M4 pointed at their face they tend to behave? Look into the Amish they are dying out due to their tight inbreeding
they have the highest amount of rare genetic disorders of any group on earth!
In one case of 52 known cases worldwide 37 were Amish 16 from the same family.
How can it last like that?

 

[nt7332]

Just to be safe always keep a burner pistol in your pocket when walking your property. If I see someone trespassing that does not have a weapon they will have one on them by the time the coroner shows up! Self-defense on your own property is a tough one to loose. Trespass at your own discretion.

 

[mdk777]

"Then I'll drag the deer to my barn with my ATV. My barn is considered part of my castle in KY.
Come in after it..."
Again, not to the game warden.
He may need to get a warrant to search, but he will still charge you just the same.
I see you are confused by the nuisances here.
Go ahead and break the game laws if you want, but you may well end up like the Amish guy paying stiff penalties for your confusion.

 

[Deleted member 48126]

Just to be safe always keep a burner pistol in your pocket when walking your property. If I see someone trespassing that does not have a weapon they will have one on them by the time the coroner shows up! Self-defense on your own property is a tough one to loose. Trespass at your own discretion.

I'll one up you. I have a burner AK.