Building a hunter harrassment case

[JLS]

Lots of stuff circulating here about folks being harassed in the field while hunting. If you want Game Wardens to follow up on this, do your best to help them out by articulating a good case.

The first thing is to know the law in the state you are hunting. Here is Wyoming's hunter harassment law:

§ 23-3-405. Interference with lawful taking of wildlife prohibited; penalties; damages; injunction
(a) No person shall with the intent to prevent or hinder the lawful taking of any wildlife:
(i) Interfere with the lawful taking of or the process of lawfully taking any wildlife;
(ii) Engage in any activity intended to threaten or otherwise affect the behavior of any wildlife.

Note it specifically references the phrase "with the intent to prevent or hinder". You must show intent or there is no violation. Things you want to speak to you in your conversation with the person:

"Is this private land where I'm at right now?"
"Are you the deeded owner?"
"If not, who is?"
"Are you telling me this is not public land where we are right now?"
"Are you telling me I cannot legally be here to hunt?"
If you have OnX, "Are you telling me this land ownership map is incorrect and this is NOT public land?"
"Are you telling me I have to leave?"

All of these questions may seem redundant, but if you ask all of these and make notations immediately afterwards of the conversation, you will be handing over a pretty airtight hunter harassment case to the local warden.

Most hunter harassment laws are very similar in that you must show intent to hinder or prevent hunting activity. If a guy is mistaken, and backs down that isn't a very good harassment case. If they double down, tell you to leave and threaten to kick your ass, that's pretty hard to loose in court.

 

[VikingsGuy]

Lots of stuff circulating here about folks being harassed in the field while hunting. If you want Game Wardens to follow up on this, do your best to help them out by articulating a good case.

The first thing is to know the law in the state you are hunting. Here is Wyoming's hunter harassment law:



Note it specifically references the phrase "with the intent to prevent or hinder". You must show intent or there is no violation. Things you want to speak to you in your conversation with the person:

"Is this private land where I'm at right now?"
"Are you the deeded owner?"
"If not, who is?"
"Are you telling me this is not public land where we are right now?"
"Are you telling me I cannot legally be here to hunt?"
If you have OnX, "Are you telling me this land ownership map is incorrect and this is NOT public land?"
"Are you telling me I have to leave?"

All of these questions may seem redundant, but if you ask all of these and make notations immediately afterwards of the conversation, you will be handing over a pretty airtight hunter harassment case to the local warden.

Most hunter harassment laws are very similar in that you must show intent to hinder or prevent hunting activity. If a guy is mistaken, and backs down that isn't a very good harassment case. If they double down, tell you to leave and threaten to kick your ass, that's pretty hard to loose in court.

Good post. I think a question I would want on the record for that statue is “Is it your intent to stop me from hunting?” My guess is they would say yes and have no idea they admitted a key element that can be tricky (“intent”).