# How to handle trespassers?



## DIHLON (Nov 15, 2009)

Finally got some good pics of the people trespassing on my property. In every picture, they are carrying either a shotgun or rifle. 3 out of 4 look like high school age kids. The 4th is probably in his mid 20's. This is rural property that is fenced on all sides. I have deer feeders and stands and have had game cameras stolen. Should I try to find out who they are and have a talk with the parents? Or do I let the law handle it? Trespassing with a firearm is a pretty bad deal.


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## boom! (Jul 10, 2004)

Let the leoâ€™s Handle it. Go read the locked hoa president thread.


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## ChuChu (Jan 23, 2010)

Call the game warden and let him handle it. He will recognize other offenses the sheriff won't see.


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## old 37 (Nov 30, 2014)

Let the law handle it AND PRESS CHARGES


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## jtburf (May 26, 2004)

Make dang sure you have painted a purple band every 50 ft on the trees along the perimeter of your Property.
Should be roughly 1ft tall and must face outward head high works.


John


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## RedXCross (Aug 7, 2005)

I would let the law handle it, Tensions can and will get high if you do. And you will also have a record of the law being there etc.
I don't know exactly where you live but I bet I am not far off of knowing within a few miles. You live in Orange county I am in Jeff. County.
They probably have been doing that for awhile now.


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## ChuChu (Jan 23, 2010)

jtburf said:


> Make dang sure you have painted a purple band every 50 ft on the trees along the perimeter of your Property.
> Should be roughly 1ft tall and must face outward head high works.
> 
> John


Only need to paint the corners. If the property is fenced, no need to paint.


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## DCUnger (Jul 25, 2012)

Let Leo do their job...


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## bwguardian (Aug 30, 2005)

If they are high school kiddos then they would need to have a hunters safety class under their belt. They are also of the age not to be able to own a firearm. Also being minors they probably will play you. Turn the pictures over to the local popo and the game warden as they may recognize them for other activities. None-the-less, they live in the area...


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## TxDuSlayer (Jun 24, 2006)

Like I said in your other thread get in touch with SO or GW in that area, especially since now you pictures. The real question is do you want to prosecute? If you don't wanna prosecute then you can try talking to the parents if you can locate the parents and where the kids live. Glad the cameras paid off and you got pics of them.


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## jtburf (May 26, 2004)

ChuChu said:


> Only need to paint the corners. If the property is fenced, no need to paint.


They will then claim they could not see the corner. Paint every 50ft and be done.
Fences mean nothing as they then will say "they thought it was XXXXX cross fence".

John


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## CHARLIE (Jun 2, 2004)

Local Warden probably knows them. Let him handle it.


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## ChuChu (Jan 23, 2010)

jtburf said:


> They will then claim they could not see the corner. Paint every 50ft and be done.
> Fences mean nothing as they then will say "they thought it was XXXXX cross fence".
> 
> John


They can claim anything they want. The law is the law.


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## ATX 4x4 (Jun 25, 2011)

Contact your local warden is best advice on here in my opinion.

Some posters above need to read PC 30.05 before giving legal advice on meeting the elements to filing criminal trespass charges.


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## roundman (May 21, 2004)

get your constable to handle it


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## ChuChu (Jan 23, 2010)

ATX 4x4 said:


> Contact your local warden is best advice on here in my opinion.
> 
> Some posters above need to read PC 30.05 before giving legal advice on meeting the elements to filing criminal trespass charges.


You talking about trespassing or criminal trespassing? There is a big difference.


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## Bobby (May 21, 2004)

SSS


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## Rubberback (Sep 9, 2008)

Game Warden! But they just let em ride. Slap on the hand! Trust me I've seen it live.
If that doesn't stop them call the game warden again and they will slap them with a fine. Been there and got the T-Shirt. 
Anyone remember fruitcake thread? LOL!


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## sea sick (Feb 9, 2006)

DIHLON said:


> Finally got some good pics of the people trespassing on my property. In every picture, they are carrying either a shotgun or rifle. 3 out of 4 look like high school age kids. The 4th is probably in his mid 20's. This is rural property that is fenced on all sides. I have deer feeders and stands and have had game cameras stolen. Should I try to find out who they are and have a talk with the parents? Or do I let the law handle it? Trespassing with a firearm is a pretty bad deal.


I know where you're coming from. Kids, don't want to get them strapped with some heavy charges.
But they did steal your property and trespassing with fire arms.
Hate to say it but they knew what they were doing. Call both, the sheriff and the GW. Up to you if you want to press charges once they are located. Either way I'm sure they won't be coming back.
You don't have to worry about the purple poles from the experiences we have called on. Then again all cases are different and LEOs have their own opinion on that as well.


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## DIHLON (Nov 15, 2009)

Thanks to some good Facebook detectives, weâ€™ve already identified most of them. Shouldnâ€™t be much work involved for the LEO.


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## Dick Hanks (Aug 16, 2007)

I'm out-of-state so can't recommend between the different LEOs to notify, but I highly recommend getting it on record with them. In our state, it would be a Game Warden. If there is ever a second offense, it will be on record as a second offense. If they do this again, they don't deserve, and won't get any slack. Let and LEO or Judge decide if they need leniency for the 1st offense. They are trained for those decisions.


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## bg (May 21, 2004)

Rubberback said:


> Game Warden! But they just let em ride. Slap on the hand! Trust me I've seen it live.
> If that doesn't stop them call the game warden again and they will slap them with a fine. Been there and got the T-Shirt.
> Anyone remember fruitcake thread? LOL!


We turned a photo of a trespasser with a rifle over to the game warden after out sheriffs office made it clear they weren't going to pursue it. He identified the trespasser, talked to all.the neighbors, git 7 trespass affidavits in addition to ours and the discovered the guy had a previous felony so he was a felon in possession of a firearm. They arrested him and sent him to state jail for 2 years.

Make it clear you want you prosecute to the full extent of the law and stay in contact with the warden and my experience is they follow through.

Trespassing with a firearm is a Class A misdemeanor with minimal.jail time and a fine. Sheriffs just don't seem to care, at least not in South Texas if your an absentee land owner.

Sent from my XT1650 using Tapatalk


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## c hook (Jul 6, 2016)

*lmao*

Next time you see them yell real loud "there they are guys lets get them" and fire a couple dozen round into the ground. They will think twice before returning.


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## JLJ1981 (Nov 7, 2014)

Dig 4 empty graves in a location they would pass by based on where you see them on your game camera footage. You would probably want to put up some barb wire fencing around the graves to protect the wildlife. 

Then print 4 pictures of the criminals off your game camera, laminate the pictures, and staple each picture to a wooden cross for each empty grave along with a no trespassing sign. 




Or.. just call the game warden.


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## DIHLON (Nov 15, 2009)

JLJ1981 said:


> Dig 4 empty graves in a location they would pass by based on where you see them on your game camera footage. You would probably want to put up some barb wire fencing around the graves to protect the wildlife.
> 
> Then print 4 pictures of the criminals off your game camera, laminate the pictures, and staple each picture to a wooden cross for each empty grave along with a no trespassing sign.
> 
> Or.. just call the game warden.


Man you are way more creative than I am. I thought about just printing out their pictures and taping them to my feeders with a sign that says "Smile a**holes!".


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## JFolm (Apr 22, 2012)

Make sure and put the known criminals names on their pictures.


I would contact law Enforcement to attempt to get your property back.


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## 2Ws (Jun 28, 2016)

You DONT need to paint landline every ??? feet. You DO need to post signs OR use puple paint at the ENTRANCES fence or no fence. This is the exact wording i from GW Mike Boone here in Hardin county, he deals with 'no fence E Tex' property dailey.. He also told me he could make an excellent case with a 8Ã—10 glossy


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## Whitebassfisher (May 4, 2007)

I wouldn't just look the other way at this point. They did steal a camera from you. Maybe they are young and stupid and don't deserve the death penalty, but I would provide pictures and all the facts you know to a game warden and ask him to try to put a stop to the trespassing and the theft.


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## cubera (Mar 9, 2005)

Here's my neighbors solution.


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## Walkin' Jack (May 20, 2004)

I once saw a no trespassing sign that said, "NO TRESPASSING! SURVIVORS WILL BE PROSECUTED!" Something like that may discourage future incidents.


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## Bird (May 10, 2005)

JLJ1981 said:


> Dig 4 empty graves in a location they would pass by based on where you see them on your game camera footage. You would probably want to put up some barb wire fencing around the graves to protect the wildlife.
> 
> Then print 4 pictures of the criminals off your game camera, laminate the pictures, and staple each picture to a wooden cross for each empty grave along with a no trespassing sign.
> 
> Or.. just call the game warden.


I like the Clint Eastwood approach...High Plains Drifter style. However, I think team green Texas Game Warden would be the better call.


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## SSST (Jun 9, 2011)

Ok, so is the purple paint an East Tx thing? Aroind these parts, the fence does the trick. If someone jumps the fence, they know they're breaking the law.


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## Whitebassfisher (May 4, 2007)

SSST said:


> Ok, so is the purple paint an East Tx thing? Aroind these parts, the fence does the trick. If someone jumps the fence, they know they're breaking the law.


I thought the purple paint was used to denote private property where there is no fence. The OP said his is fenced, so no purple paint is required.


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## ChuChu (Jan 23, 2010)

Whitebassfisher said:


> I thought the purple paint was used to denote private property where there is no fence. The OP said his is fenced, so no purple paint is required.


Right.

Purple paint is a USA thing, with or without fences. Purple was chosen because color blind people can see purple.

The Texas Law is HB 793, under Texas Penal Code 30.05, Criminal
Trespass, section 1, subsection D.

The law requires the following regarding the use of purple paint:

Markings must be:
vertical
at least 8 inches long
at least 1 inch wide
bottom of the mark should be between 3-5 feet above the ground.
Markings can be no more than 100 feet apart in timberland
Markings can be no more than 1,000 feet apart on open land,
They must be in a place visible by those approaching the property.
Trespassing is a Class B misdemeanor in Texas, unless the intruder is
carrying a firearm, which is a Class A misdemeanor.


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## Blk Jck 224 (Oct 16, 2009)

Pit Traps...


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## loco4fishn (May 17, 2010)

Blk Jck 224 said:


> Pit Traps...


Dayum!!! From what I understand that would be a good way to keep people out of a duck blind too. Lol


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## had2reg (Aug 25, 2005)

A few strategically placed M18A1 Claymore mines should handle your trespassing issues effectively.


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## Meadowlark (Jul 19, 2008)

DIHLON said:


> .... Should I try to find out who they are and have a talk with the parents? Or do I let the law handle it? Trespassing with a firearm is a pretty bad deal.


My take...don't talk with the parents directly... only through a mediator who preferably is a local law enforcement.

I used the Deputy Sherriff to pay a visit to the parents. First visit he came back to me with parental verbal statements that it wouldn't happen again. I then asked the Deputy to tell them I intended to prosecute for damages (in my case they were poaching double digit bass) . I tallied up the cost of raising double digit bass and asked the Deputy to tell them the amounts they were liable for.

That put the big panic into them big time. I then got back sworn written statements that not only would they never poach on my place again, they were forbidden from driving their cars or friends cars on our road...and the parents identified the cars and license numbers.

My last directive was that the Deputy would make sure those statements were posted on their school bulletin boards with names named.

They never returned, but more importantly they absolutely scared anyone else away from ever trying that again...and the cars were never seen on my roads again.

Absolutely do not "look the other way". You should not tolerate any trespassing, zero. To suggest otherwise is absolutely foolishness. To suggest that only because a camera was stolen you should prosecute is complete stupidity.

Zero tolerance is mandatory, otherwise the problem only escalates.


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## judweiser (May 22, 2004)

Everyone saying the fence is enough notice is correct, you do not need purple paint or other forms of notice.


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## ChuChu (Jan 23, 2010)

If you go directly to the parents, when, and they will, they return and get caught again, it will be a you said, they said. Call the game warden and put an end to it.


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## c hook (Jul 6, 2016)

Whitebassfisher said:


> I thought the purple paint was used to denote private property where there is no fence. The OP said his is fenced, so no purple paint is required.


They will laugh at the purple paint, these are criminals/poachers. This will require serious means whatever they are.


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## Won Hunglo (Apr 24, 2007)

Post their pictures on a local Facebook crime watch page. Offer a reward or $100 for for information on the suspects in your repeated sheep/goat rape. Make it clear that you want these sheep/goat rapists caught. Set back and watch the fun unfold as they will never come near your property again. They might even have to move from town.


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## Trout-deluxe (Apr 6, 2009)

I'd let a crazy buddy camp on there and take care of it...

Or call game warden...


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## scwine (Sep 7, 2006)

Post the pictures here and on Facebook!!! These thugs should be identified on social media....We'll go from there.


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## lite-liner (Mar 15, 2005)

like the goat-raper angle.........


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## OnedayScratch (May 23, 2012)

JLJ1981 said:


> Dig 4 empty graves in a location they would pass by based on where you see them on your game camera footage. You would probably want to put up some barb wire fencing around the graves to protect the wildlife.
> 
> Then print 4 pictures of the criminals off your game camera, laminate the pictures, and staple each picture to a wooden cross for each empty grave along with a no trespassing sign.
> 
> Or.. just call the game warden.


I'm diggen it. Errrr the OP is....


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## DIHLON (Nov 15, 2009)

Update:

My wife had several conversations with one of the moms via Facebook messages. Long story short, she told us to press charges on him to teach him a lesson. The boy called us a few hours later and was very apologetic and said he has not stolen anything, and just passes through our property to get to a canal to hunt. He also gave us the names of the other boys, which we were able to verify through Facebook. We will still be meeting with the Game Warden this week to make sure everything is on record. I let him know that next time they will be going to jail. 

I did a lot of stupid stuff at these kidsâ€™ ages. I was shown mercy more times than I probably should have, so I feel obligated to do the same. Hopefully Iâ€™ve seen the last of them.


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## Grumpy365 (Oct 21, 2010)

DIHLON said:


> I let him know that next time they will be going to jail.


Ok. Honestly. Will a person who has done no damage trespassing on a piece of raw property, with no proof of poaching, and no damage REALLY go to jail?

And would we really want to spend the tax payer dollars to incarsetate, house, feed, and clothe someone for it?

And if the answer is no.

Knowing the county will do nothing, is lying or misrepresenting to someone, KNOWING it is untrue, any better or worse than walking on dirt you donâ€™t own?

Everybody has their own morals and codes. My personal morals and code finds lying a greater harm than walking on dirt.

Now poaching, vandalism, destruction of anything, or theft, makes it an ENTIRELY different scenerio.


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## Rockfish2 (Sep 1, 2017)

Grumpy365 said:


> Ok. Honestly. Will a person who has done no damage trespassing on a piece of raw property, with no proof of poaching, and no damage REALLY go to jail?
> 
> And would we really want to spend the tax payer dollars to incarsetate, house, feed, and clothe someone for it?
> 
> ...


I think his point was he will be asking the authorities to hold the kid fully accountable next time, and wonâ€™t give him a third chance. Plus, it doesnâ€™t really seem like he lied, since only a judge or jury can sentence someone.


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## Get'er Wet (Aug 25, 2016)

DIHLON said:


> Update:
> 
> My wife had several conversations with one of the moms...
> 
> I did a lot of stupid stuff at these kidsâ€™ ages. I was shown mercy more times than I probably should have, so I feel obligated to do the same. Hopefully Iâ€™ve seen the last of them.


I think you did the right thing here. I also grew up in Orange County (LCM) and rode 4 wheelers everywhere we could to get to the river bottoms to hunt. Not sure if you posted something before about them stealing property or not, if they haven't, those are just boys being boys in Orange and need a fair warning to stop.

Sent from my iPhone using Tapatalk


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## SSST (Jun 9, 2011)

Last Summer, my 18 yr old son got caught tresspassing on some land next to Shiner. This 1000 acre place has been a fishing haven for Shiner kids as long I can remember. My buddies and I jumped that fence so many times growing up, we finally built steps over it. My son always caught perch for our river trips, but one day last year the new caretaker called the law, and by the time I got there, there was 3 LEO's drilling him. One Deputy told me what was going on, I said I know, kids have been fishing that creek forever. Anyways, they let him go get his perch traps out and he won't ever set foot on that property again. Point is, I would be like the Op and cut the boys some slack, now if theft was involved that's a whole different deal.


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## Jaysand247 (Aug 19, 2012)

I'm glad I was given slack when I was a kid. Getting into legal trouble while young could effect him later in life. Jobs schools etc all look into your record. If he's hunting a canal make a deal with him that he can cross until you build your house as long as he watches out for your place. Local kids know everything that goes on because they are outside a lot.


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## DIHLON (Nov 15, 2009)

One of them is not just passing through; and he is not a kid. He looks to be in his mid to upper 20's. He walks to my feeders, looks around, then goes back the direction he came from. An hour later, he's at the feeders again looking around. And, he is in shorts and tennis shoes; not hunting gear. He is also carrying his shotgun "in the ready position". This guy looks like he's ready to blast the first thing that moves whether it's a deer, rabbit, or me or one of my kids. I'm fairly confident this is the one that stole my game camera. The other 3 are casually passing through with guns slung over their shoulders most of the time.


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## ChuChu (Jan 23, 2010)

You gonna just let him slide by? I personally think it is a bad idea to "cut him some slack".


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## dk2429 (Mar 27, 2015)

Call the law on them...


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## Rubberback (Sep 9, 2008)

I've shot deer that jumped the fence after I shot him. I never just go get him. I always get in touch with the land owner first. 
My neighbor tells me you can go retrieve him. Even though he tells me its ok. I always call him before I ever go on other peoples property.
I'm scared I'll get shot. 
Getting on the wrong side of a game warden is not a good idea.


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## Get'er Wet (Aug 25, 2016)

DIHLON said:


> One of them is not just passing through; and he is not a kid. He looks to be in his mid to upper 20's. He walks to my feeders, looks around, then goes back the direction he came from. An hour later, he's at the feeders again looking around. And, he is in shorts and tennis shoes; not hunting gear. He is also carrying his shotgun "in the ready position". This guy looks like he's ready to blast the first thing that moves...


I'd shoot this one with rock salt.

Sent from my iPhone using Tapatalk


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## Jaysand247 (Aug 19, 2012)

DIHLON said:


> One of them is not just passing through; and he is not a kid. He looks to be in his mid to upper 20's. He walks to my feeders, looks around, then goes back the direction he came from. An hour later, he's at the feeders again looking around. And, he is in shorts and tennis shoes; not hunting gear. He is also carrying his shotgun "in the ready position". This guy looks like he's ready to blast the first thing that moves whether it's a deer, rabbit, or me or one of my kids. I'm fairly confident this is the one that stole my game camera. The other 3 are casually passing through with guns slung over their shoulders most of the time.


That guy clearly knows he's doing wrong. I'd press charges on him forsure.


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## ATX 4x4 (Jun 25, 2011)

ChuChu said:


> You talking about trespassing or criminal trespassing? There is a big difference.


Please educate us.


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## ChuChu (Jan 23, 2010)

ATX 4x4 said:


> Please educate us.


Look it up.


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## Wolfie#2 (May 8, 2017)

When I was a young whippersnapper we lived where there was small (50-100 acre) farms. Everybody knew everybody and at least tolerated us young'uns hunting/fishing on each others property. As long as no gates were left open, farm animals harassed/shot and we would lend a hand to anyone who spread the word that they had work that needed to be done. Sometimes we even got paid for the work. But... not long after I left home My grandmother found a cow that had been shot multiple times with bird shot. From that time on all gates were locked and the signs were put up. And that started the decline in hunting in the neighborhood. Nowadays there seems to be no respect for others and their property. The times, they are a-changing!


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## ATX 4x4 (Jun 25, 2011)

ChuChu said:


> Look it up.


Iâ€™m really not trying to be smart about it. Iâ€™m just asking for you to clarify the difference that Iâ€™m not aware of.

You also mentioned paint on the corner posts of a fenced property. Can you provide references?

This is the definition of notice under 30.05. Notice the strategic use of the word â€œorâ€.

(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; 
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.


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## ATX 4x4 (Jun 25, 2011)

DIHLON: very happy to hear that it sounds you all have reached closure on this deal. The idea of strangers trespassing can be troublesome.

Just to clarify above. The first 2 paragraphs were for chuchu. Youâ€™re asking me to look it up. Where can I look up â€œTrespassingâ€ as opposed to â€œCriminal Trespassingâ€? Is there maybe a civil definition youâ€™re referring to?

The last reference is for those that have ever thought paint is needed in conjunction with a fence, or any other form of â€œnoticeâ€.


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## DIHLON (Nov 15, 2009)

Looks like these terds are going to get a visit from LEOs. I was out today putting up more No Tresspassing signs and putting up purple paint when I heard/saw them walking through the woods. I hopped back on the Ranger and drove out to the pipeline and waited. Sure enough, they walk out of the woods onto the pipeline, see me, and take off running back through the woods. The best part is they know that I know who they are, yet they still ran. It's kind of humerous. LoL.


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## POC Fishin' Gal (Nov 20, 2009)

Wow-they've gone from being dumb kids to morons. I sure hope you prosecute them to the max.


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## RedXCross (Aug 7, 2005)

I got a feeling until the KIDS grow up, and this might be awhile, you will see certain things over and over.
When school starts it will subside for a bit. I feel for you.
My best, I hope it gets fixed


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## ChuChu (Jan 23, 2010)

ATX 4x4 said:


> Iâ€™m really not trying to be smart about it. Iâ€™m just asking for you to clarify the difference that Iâ€™m not aware of.
> 
> You also mentioned paint on the corner posts of a fenced property. Can you provide references?
> 
> ...


A few years ago a neighbor came onto my property and loaded up a pickup with seasoned mesquite BBQ wood. My SIL saw him and chased him while talking to a deputy sheriff. The deputy made him bring it back, and wrote him a citation for trespassing. Two weeks later when he did it again, he was arrested and charged with criminal trespassing. It was explained to me that since he had not been warned and there was no fence, all they could charge him with was trespassing, but the second offence, he had been warned.

The purple paint, I have never really researched it, but only told to paint the posts on each end of my no fence property line. I have fence on three sides.


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## Whitebassfisher (May 4, 2007)

Dihlon, you have been morally sensible through this mess. But it appears these guys have left you no choice. I doubt kids really understand what it is they are doing, which is violating you.


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## bg (May 21, 2004)

We didn't get any relief until we pressed charges. People frequently mistake kindness for weakness. Once we prosecuted and sent someone to jail, they realized we weren't weak and leave us alone.


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## Trouthunter (Dec 18, 1998)

> The purple paint, I have never really researched it, but only told to paint the posts on each end of my no fence property line. I have fence on three sides.


You don't have to put purple paint if you're fenced in on four sides, that's correct. On the side that has no fence on your place you can spray purple paint on trees or posts which is just as good as a no trespassing sign to law enforcement and the courts.

In South Texas we had no trespassing signs in both English and Spanish and the word Peligro which means Danger just to keep them guessing but they cut fence anyway lol.

TH


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## Trick84 (Aug 20, 2017)

Ok, so I have this one fishing spot on someone's private property, but I can't access the owner due to not having contact info, any ideas how to contact them?

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## monark (May 12, 2005)

ChuChu said:


> A few years ago a neighbor came onto my property and loaded up a pickup with seasoned mesquite BBQ wood. My SIL saw him and chased him while talking to a deputy sheriff. The deputy made him bring it back, and wrote him a citation for trespassing. Two weeks later when he did it again, he was arrested and charged with criminal trespassing. It was explained to me that since he had not been warned and there was no fence, all they could charge him with was trespassing, but the second offence, he had been warned.
> 
> The purple paint, I have never really researched it, but only told to paint the posts on each end of my no fence property line. I have fence on three sides.


This wasn't trespassing, this was theft. Both times.


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## Rockfish2 (Sep 1, 2017)

ChuChu said:


> A few years ago a neighbor came onto my property and loaded up a pickup with seasoned mesquite BBQ wood. My SIL saw him and chased him while talking to a deputy sheriff. The deputy made him bring it back, and wrote him a citation for trespassing. Two weeks later when he did it again, he was arrested and charged with criminal trespassing. It was explained to me that since he had not been warned and there was no fence, all they could charge him with was trespassing, but the second offence, he had been warned.
> 
> The purple paint, I have never really researched it, but only told to paint the posts on each end of my no fence property line. I have fence on three sides.


Itâ€™s not about being verbally warned, itâ€™s about being able to prove the person knew he was on property that didnâ€™t belong to him and that he didnâ€™t have permission to be there. That can be accomplished by a verbal warning, as well as by signs, purple paint, fences, etc.


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## ATX 4x4 (Jun 25, 2011)

ChuChu said:


> A few years ago a neighbor came onto my property and loaded up a pickup with seasoned mesquite BBQ wood. My SIL saw him and chased him while talking to a deputy sheriff. The deputy made him bring it back, and wrote him a citation for trespassing. Two weeks later when he did it again, he was arrested and charged with criminal trespassing. It was explained to me that since he had not been warned and there was no fence, all they could charge him with was trespassing, but the second offence, he had been warned.
> 
> The purple paint, I have never really researched it, but only told to paint the posts on each end of my no fence property line. I have fence on three sides.


Disclaimer: unless this county has some sort of trespass ordinance (which I doubt but have no way of knowing without knowing which county) I can nearly guarantee the written piece of paper he got initially was either a written criminal trespass warning that officially documents the warning in a police report making it easier to prove if he returns OR if he actually received a citation, it was for misdemeanor theft. As for criminal law, which except for the purposes of civil process, is the only law any peace officer deals with, trespass and criminal trespass are the same thing. Criminal Trespss is the correct arrest title or charge, if you will.

Iâ€™ll just say again please read 30.05 before giving legal advice about purple paint and such wives tails about the law can get folks in trouble if their not careful. A peace officer can not take enforcement action on a criminal offense until all of the elements of that offense are met. As for 30.05, please understand the person must have been given â€œnoticeâ€. 30.05 defines notice. It explicitly describs the use of purple paint, when it is required, and how it can be considered notice. There is no mention of it being on all 4 corners as you initially suggested.

Now having said all that, I know what the elements to 30.05 are but also know for a fact that pilitics get involved with the interpretation of those elements and would suggest anyone with questions to contact their local prosecutorâ€™s office and request their opinion on any particular lawâ€™s interpretation.


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## longhornbubba (Jul 7, 2006)

You don't own the pipeline right of way.If you were on it you were trespassing also.


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## ChuChu (Jan 23, 2010)

monark said:


> This wasn't trespassing, this was theft. Both times.


According to the deputy, the county DA would not accept it as a thief.


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## ChuChu (Jan 23, 2010)

longhornbubba said:


> You don't own the pipeline right of way.If you were on it you were trespassing also.


Do what? Pipelines buy right of way, not the property. Only exception I have ever heard of is the Exxon Corridor thru East Harris County.


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## ChuChu (Jan 23, 2010)

Rockfish2 said:


> Itâ€™s not about being verbally warned, itâ€™s about being able to prove the person knew he was on property that didnâ€™t belong to him and that he didnâ€™t have permission to be there. That can be accomplished by a verbal warning, as well as by signs, purple paint, fences, etc.


What are you saying here, you say it's not about being verbally warned and then turn around and say it can be accomplished by a verbal warning?

You can say whatever you want, but this is how it played out in my front yard and handled by a deputy sheriff.


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## DIHLON (Nov 15, 2009)

longhornbubba said:


> You don't own the pipeline right of way.If you were on it you were trespassing also.


Wrong. The pipeline has an easement through my property. Try again.


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## DIHLON (Nov 15, 2009)

POC Fishin' Gal said:


> Wow-they've gone from being dumb kids to morons. I sure hope you prosecute them to the max.


Well yesterday they decided to go full retard. The contractors I had out there erecting my metal building had to call the law on them. They were shooting guns like crazy at the edge of the property and yelling and cussing my contractors. Contractors said when sheriff's department shows up they took off running. Evidently the sheriff's department caught up with them and only talked to them. WOW!!! :headknock:headknock:headknock I am still trying to figure out exactly what went down.


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## Whitebassfisher (May 4, 2007)

DIHLON said:


> Well yesterday they decided to go full retard. The contractors I had out there erecting my metal building had to call the law on them. They were shooting guns like crazy at the edge of the property and yelling and cussing my contractors. Contractors said when sheriff's department shows up they took off running. Evidently the sheriff's department caught up with them and only talked to them. WOW!!! :headknock:headknock:headknock I am still trying to figure out exactly what went down.


This is getting serious, very serious.
Now it appears like someone will have to actually get locked up until bailed out.

Is your building insured yet? I expect vandalism the route they are going.


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## POC Fishin' Gal (Nov 20, 2009)

I'm afraid I'd have to have a face to face with the Sheriff himself if all they got was a talking to! That's getting scary.............


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## WillieT (Aug 25, 2010)

No more Mr. Nice Guy!


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## bwguardian (Aug 30, 2005)

If I was in your shoes I would start talking to my surrounding neighbors to make them aware of what's going on and help with the process to stop this nonsense.


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## ChuChu (Jan 23, 2010)

Call the game warden!


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## Meadowlark (Jul 19, 2008)

Showing once again, zero tolerance is mandatory in all these cases...from the very first time an event happens. Failure to act sends a message that's its ok to trespass and welcomes escalation. 

I repeat...its stupid to wait for something to be stolen or vandalism to take action. 

Action is required immediately...or face an ever increasing level of problems.


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## bg (May 21, 2004)

Tell the Sheriff you want to press charges. If they won't arrest them, call the DA. You have photographic evidence, it's a slam dunk.

Sent from my XT1650 using Tapatalk


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## Rockfish2 (Sep 1, 2017)

ChuChu said:


> What are you saying here, you say it's not about being verbally warned and then turn around and say it can be accomplished by a verbal warning?
> 
> You can say whatever you want, but this is how it played out in my front yard and handled by a deputy sheriff.


My point is that the law does not require prior verbal warning to make a trespassing case. I wouldnâ€™t want your post to make people incorrectly think the law requires a person be verbally warned before they could be considered to be trespassing.

The element of knowledge regarding trespassing in rural areas can be difficult to prove in court. The person could claim to not know he was on private property, that he didnâ€™t know he couldnâ€™t legally be there, etc. Verbal warning can be one way the element of knowledge can be proven, but there are other ways it can also be shown. Like if there are clearly visible signs that say â€œPrivate Property - No Trespassing.â€ Kinda hard to say you didnâ€™t know you werenâ€™t supposed to be there if those signs are there.

It sounds like the LEO in your case was basically telling you he didnâ€™t think they could prove knowledge on the first offense, which was the reason for verbal notice.


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## ChuChu (Jan 23, 2010)

The deputy wrote him a citation for trespassing, the FIRST OFFENCE, then arrested him for criminal trespass, the second offence. Pretty plain and simple. That was the deputy's choice.

_It sounds like the LEO in your case was basically telling you he didnâ€™t think they could prove knowledge on the first offense, which was the reason for verbal notice_

Then why did he write him a trespass citation? What verbal notice. It was a written citation that carried a fine of $50 to $200.


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## Rockfish2 (Sep 1, 2017)

ChuChu said:


> The deputy wrote him a citation for trespassing, the FIRST OFFENCE, then arrested him for criminal trespass, the second offence. Pretty plain and simple. That was the deputy's choice.
> 
> _It sounds like the LEO in your case was basically telling you he didnâ€™t think they could prove knowledge on the first offense, which was the reason for verbal notice_
> 
> Then why did he write him a trespass citation? What verbal notice. It was a written citation that carried a fine of $50 to $200.


If he wrote him a citation the first time then you're right he thought he could prove it. The criminal offense was the same in each case btw. Criminal trespass is simply a term used in Texas to distinguish it from civil trespass, which deputies do not write citations for. Civil trespass gives a property owner a right to sue a trespasser for damages. Criminal trespass gives a state LEO the ability to write a citation, arrest, etc.

Thatâ€™s why he could have arrested him for the first offense but apparently decided not to in his discretion. Just like how a police officer could arrest someone for driving without a license but usually just gives the person a citation. It sounds like he decided to arrest him the second time because, well, it was his second time, heâ€™d been warned, etc. Makes it more aggravated and worthy of arrest.

If the deputy told you that only the second time was it â€œcriminal trespassâ€ he was wrong on the law. It wouldnâ€™t be the first time thatâ€™s ever happened.


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## ChuChu (Jan 23, 2010)

Rockfish2 said:


> If he wrote him a citation the first time then you're right he thought he could prove it. The criminal offense was the same in each case btw. Criminal trespass is simply a term used in Texas to distinguish it from civil trespass, which deputies do not write citations for. Civil trespass gives a property owner a right to sue a trespasser for damages. Criminal trespass gives a state LEO the ability to write a citation, arrest, etc.
> 
> Thatâ€™s why he could have arrested him for the first offense but apparently decided not to in his discretion. Just like how a police officer could arrest someone for driving without a license but usually just gives the person a citation. It sounds like he decided to arrest him the second time because, well, it was his second time, heâ€™d been warned, etc. Makes it more aggravated and worthy of arrest.
> 
> If the deputy told you that only the second time was it â€œcriminal trespassâ€ he was wrong on the law. It wouldnâ€™t be the first time thatâ€™s ever happened.


Well, all I can say is come tell the deputy he is wrong.


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## Fishdaze (Nov 16, 2004)

DIHLON said:


> Well yesterday they decided to go full retard. The contractors I had out there erecting my metal building had to call the law on them. They were shooting guns like crazy at the edge of the property and yelling and cussing my contractors. Contractors said when sheriff's department shows up they took off running. Evidently the sheriff's department caught up with them and only talked to them. WOW!!! :headknock:headknock:headknock I am still trying to figure out exactly what went down.


Is the kid whose mother you talked to still running with them on your property?


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## Rockfish2 (Sep 1, 2017)

ChuChu said:


> Well, all I can say is come tell the deputy he is wrong.


Ha, if I were there I would have. And he didnâ€™t DO anything wrong, it seems like he just misspoke.


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## Whitebassfisher (May 4, 2007)

Dihlon, please keep us updated.


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## ChuChu (Jan 23, 2010)

Rockfish2 said:


> Ha, if I were there I would have. And he didnâ€™t DO anything wrong, it seems like he just misspoke.


He got the job done. In fact this was the start to a fabulous career in TDC for the guy. He has been in for about 8 years now and no end in sight. Even his father does not claim him as a son any more.


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## Rockfish2 (Sep 1, 2017)

ChuChu said:


> He got the job done. In fact this was the start to a fabulous career in TDC for the guy. He has been in for about 8 years now and no end in sight. Even his father does not claim him as a son any more.


I love to see when someone finds their calling!


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## DIHLON (Nov 15, 2009)

Fishdaze said:


> Is the kid whose mother you talked to still running with them on your property?


Iâ€™m pretty certain he is one of them. I am still waiting to hear back from SO to find out more.


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## budreau (Jun 21, 2009)

just shoot a couple holes in the building and call the sheriff back . let them try to explain it was not them.


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## boom! (Jul 10, 2004)

budreau said:


> just shoot a couple holes in the building and call the sheriff back . let them try to explain it was not them.


Knot a good idea. Lol


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## Tom (Jul 14, 2005)

Some actually have the attitudes that open land doesnâ€™t belong to anyone and that they have the right to be on it. Some waters in Texas are open waters and some are not. To some New York Yankees stationed at Ft. Hood that means they can cross any property to get to any water to dip their Walmart fishing gear. When you tell them they are wrong they will argue. They will even try to argue with a game warden but stop as soon as they hear the word citation. Thanks for your service but get the h*ll out of my back yard. Nothing to worry about in this weather.


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## Fishing Logic (Aug 25, 2005)

They had there chance, warning. Time to let the Sherriff's office handle it. Was watching a you tube video the other day. Pulled it up. busted.. lol


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