Avoid the blemishes of trespass

by Jade Wright

With the fall hunting seasons just around the corner I have had a lot of questions about trespassing. Trespass is one of the worst blemishes on the sportsman’s image. What is trespass? What’s up with that purple paint? What are the rights of sportsmen and landowners? All good questions. Here are the answers.

What is trespass? Under the 2000 Missouri Criminal Code, there are two possible trespass violations in Missouri. Trespass in the first degree, a Class B misdemeanor (569.140) and trespass in the second degree, which is an infraction (569.150). A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property. A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by: actual communication to the actor; or posting in a manner reasonably likely to come to the attention of the intruders.

A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability. A person is guilty of trespass in the second degree even if they do not realize they are on someone else’s property.

The scoop on purple paint … As stated above, for someone to be guilty of trespass in the first degree, they must realize they are not welcome on your property. One way to accomplish this is through the use of purple paint. Missouri’s “purple paint law” (569.145) reads like this: In addition to the posting of real property as set forth in section 569.140, the owner or lessee of any real property may post the property by placing identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such paint marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property. Property so posted is to be considered posted for all purposes, and any unauthorized entry upon the property is trespass in the first degree, and a class B misdemeanor.

What are the rights of sportsmen and landowners? There are two common misconceptions about trespassing I would like to address.

The first is whether a landowner is required to let someone retrieve game on their land. Absolutely not. The retrieval of game is never an excuse for trespassing. However, sportsmen are required by the wildlife code to make a reasonable search to retrieve the wildlife and take it into his/her possession. Seems like a catch 22, doesn’t it? Not really.

If you shoot an animal that goes onto the adjoining landowner, first call the landowner. If he/she will not allow you to get it, give me a call only to satisfy the “reasonable effort” rule of the wildlife code, not to retrieve your game for you. Also, that “lost” animal must be included in your daily limit. This is why it is a good idea to make arrangements with adjoining landowners before hunting, or just don’t hunt near the property boundaries.

The second rumor pertaining to trespassing is that by having the Conservation Department stock your pond, you must allow everyone to fish. Not true. The acceptance of fish from the department in no way obligates landowners to allow fishing or other uses of their land by the general public.

Private landowners have the right to prosecute trespassers. Conservation agents cannot simply arrest someone for trespassing. A private landowner must sign a complaint. Although trespassing is a major gripe with landowners, the court system does not reflect this. Some are reluctant to prosecute trespassing friends or neighbors, and others are afraid of retaliation if they decide to prosecute. Instances of retaliation are rare in Missouri. No one can tell a private landowner to prosecute, but those who have a reputation for prosecuting will have fewer trespass problems. Only a combined effort by landowners and sportsmen can solve the trespass problem.