Private property in or near shelton

[Machias]

You are not required to post your property, but if it is none of the above applies to your land a person cannot be charged with criminal trespass.  You can ask them to leave and if they don't or if they show up again, then you can have them arrested.  Check out page 66 of the Fish and Game pamplet.

[skipper]

Well i guess the stevens county sheriff and the judge were wrong???

[skipper]

also you cannot just shoot the animal and then when asked to leave just walk away from it that would have been illegal as well

[Machias]

Or there is more to the story that your not aware of. 

Actually if they identify the land you are on as private and ask you to leave, you are required to leave and if they tell you to leave the deer, your required to leave it.  You would then go call the warden and see if he can help you retrieve your downed game.  No different then if you shoot a buck on public land and it runs over and dies on private property.  You have to get permission first.  The land owner can refuse to grant you permission.  You cannot then be charged with waste of game animal.

[bobcat]

I have always wondered if private timberlands would be considered "cultivated" or "used for commercial
agricultural crops."  If so then I guess you can't trespass even if it's not posted. I suppose it would depend on the sheriff and/or the judge's interpretation of the law.

[ICEMAN]

In my humble opinion, to walk onto anyones land, posted or not is Criminal Trespassing 2nd as defined in Washington State RCW.

Definitions, then the RCW...

RCW 9A.52.010
Definitions. 

The following definitions apply in this chapter:

     (1) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property;
     (2) "Enter". The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;

     (3) "Enters or remains unlawfully". A person "enters or remains unlawfully" in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.  http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.52.010

The RCW....
RCW 9A.52.080
Criminal trespass in the second degree. 

(1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

     (2) Criminal trespass in the second degree is a misdemeanor. http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.52.080


Machias, I know what you are saying...sort of....I would also imagine that not many prosecutors would prosecute for a real property trespass, without signage....but I still argue that it is illegal. Either way, we should not do it, we should all learn where we can and should be or hunt or whatever....

[BULLBLASTER]

does anyone know if CRP is cultivated? if not i need to got out there with some signs

[Machias]

Key word up there Iceman is "knowingly".  Once you are aware it is private you must leave or you can be charged.  If your hiking in the woods, cross no fence, there is NO indication you have suddenly walked onto private property, they cannot then pounce on you and charge you.  The landowner is protected, but so is joe public.

[ICEMAN]

Yep, I know mens rea well.

Officer; "Do you know who owns this land?"....."Uhhhhh..."

Officer; "If you dont know who owns the land, did you think you could just hunt it anyway?" "I was on state land back there somewhere..." 

Machias, how do guys crossing into other GMU's or crossing into National Parks get cited in your scenario...? It is the hunters responsibility...

Walking forward is knowingly. The reasonable man knows that property boundaries exist and are often unmarked.

The general rule under U.S. law is that "ignorance of the law or a mistake of law is no defense to criminal prosecution." (internet quote)

[Machias]

Because even the GMUs are marked, they all have some boundary, they are not grid coordinates somewhere in the woods.  One of the legs on the prosecutor's chair is generally intent.  Look at page 66 of the WDFW regs, spells it out pretty clear.  Land owners are NOT required to post their property, however if they own property with none of the above no one could know what is and what is not private and what is and what is not public.  Sorry Iceman but that is not the case, the walking forward is knowingly.  I dunno what to tell you other then if you wander onto private property that is not fenced, posted, cultivated, doesn't have buildings or a home on it you should not be charged, unless you refuse to leave once you have been made aware. 

[rasbo]

somebody told me it don't have to be posted in this state..If it isn't yours you should get permission in writing

[Machias]

somebody told me it don't have to be posted in this state..If it isn't yours you should get permission in writing

Agreed and completely true.

[bobcat]

somebody told me it don't have to be posted in this state..If it isn't yours you should get permission in writing

Well, that's true, a person is not required to post his property.  But if it's not posted, and also doesn't meet the other requirements, then somebody cannot be charged with trespass if they're on it. The key sentence from what Machias posted is this:

Entry onto any lands which are fenced, posted, cultivated, or used for commercial agricultural crops or aquaculture without permission is considered trespass.

[gasman]

I have always used, if you do not know if it is huntable, stay off.


It is not the owners responsabilaty to post, it is my (or your) resonsability to know where I (you) are at all times.\


Ignorance is no excuse........

[SGM R]

Crazy, no matter what the armchair lawyers tell you, it is still your responsibility to know where you are and ask permission when necessary..

Good luck