Say a person is on another person’s place hunting. They’re hunting in a county that allows the hunter to shoot 2 bucks 3 does. The land owner tells the person hunting they’re only allowed 1 buck 1 doe. The hunter ignores this and shoots 2 bucks and three does anyways. Are these deer considered poached or illegally harvested?

Technically it was legal in the county, but the hunter technically didn’t have permission to hunt/shoot that many deer. Just curious.

Not against criminal law.

Not criminal per hunting regs. but against wishes of landowner so definitely grounds for dismissal or even possible civil liability.

Real good chance it will be his last hunt there... Hope it was worth it.

Violation of the lease rules that the hunter is now being kicked off of. Always read the rules before joining a lease. Sometimes they can be deviated from, but run it by the lease manager or owner first. Many hunters have faced this same situation.

If they don't have land owners permission to kill what they kill, they are poaching. State jail felony.

Good point, but the land owner allowed him to hunt on property. Remember the land owner does not own the deer, the State of Texas does.

Did they have permission to shoot 5 deer?

You might have a point.

Nothing criminal about it.

The 'offender' had permission to 'Hunt' on the property. Had permission to hunt 'deer'. This satisfies the States interest (per the law) in the matter.

The 'bag limit' as far as the State is concerned was not exceeded. Only the Land Owners 'wishes'. There is no gray area here.

State owns the deer, state law applies and was not violated. The land owners wishes and directives were....but that is not a criminal matter.

Last hunt there and probably any other landowners that know that landowner.
A lot of counties shouldn’t have 2 any buck rules. The state of Texas sucks at setting these limits and typically the landowners know what is on their land.

Permission to hunt and consent to shoot five deer are not the same thing.

Thanks for the clarification y’all, seemed like a grey area in my head.

Translation?

Any deer beyond the buck and doe the landowner has consented to would fall under the below Parks and Wildlife Code.

Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF LANDOWNER PROHIBITED. (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.

If it's not in writing it will be hard to prove to justify a criminal violation....

Offender had permission to hunt. Offender had permission to hunt deer. State allows a bag limit of X amount of bucks and does. Land owner does not create nor enforce state law.

Land owner did NOT rescind the permission prior to the taking of the game. Offender simply went outside the guidelines/wishes of the land owner. Land owner does not own the wildlife resource and thus can not prosecute the offender for taking the State Mandated limit. Land owner can attempt to submit that the verbal limit stated constitutes the length and limits of the permission (to hunt) but good luck with that. He said/She said.....or misinterpretation.....will be the claim of the offender.

Land owner has no legal recourse. Offender obviously "shat' in his own nest and will never be asked/permitted back again.

If at any point the Land Owner had rescinded permission and the offender continued to hunt/kill/pursue the animals or there was a written agreement..THEN we would have a case. But that didn't happen.

Unless there’s case law on the subject, this looks pretty cut and dry. Call a Game Warden if you want to know if they would scratch out a warrant for it.


“Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF LANDOWNER PROHIBITED. (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.”

Reason #73 we don't allow guests.

I think the land owner has authority to restrict bag limits. A DEER TAKEN WITHOUT THE OWNERS PERMISSION I BELIEVE BREAKS THE LAW. A deer taken by a poacher is a deer taken without the land owners permission and is a class III felony. The limits set by P&W does not apply if a land owner sets lesser limits ...I think...just my opinion only. However, I would think it would have to be in a contract the hunter signs promising to follow lease rules. When I run a lease as manager, I set different limits to manage the herd and is stated in all the contracts that I have full authority with the land owner support. If a lease rule is not followed the hunter can be removed, loosing his payment to be on the lease.

Wrong. Same if you shoot exotics with out permission. All depends on what and how it was expressed. At the very least he has civil recourse

If they land owner stated a bag limit, the leasee had permission rescinded to hunt and take deer once he met that stated LO bag limit:

illegal for sure........ may not be worth the pursuit of a LEO unless it was in writing and clearly stated either thru a contract, email, or texts where its visibly clear that both parties knew the rules and regulations set forth when permission was granted. but yes..... illegal

If i give you permission to come to my land and kill 3 does and you kill 3 bucks instead..... that is poaching in the eyes of the law... consent was never given

At a minimum, said landowner has a good civil case against the offender, criminal liability would like be referred through the civil courts route would be my guess.