Who owns the deer? How can someone be found guilty of theft when A. they don't have possession of the deer(it's just running around outside the HF now) and B. when the other property never owned the deer in the first place.
if i understand correctly, when a high fence goes up, they are "supposed" to make every effort to remove all native TX deer. then stock it with whatever deer they purchase, making them livestock. so they would own the deer, and it would be theft of livestock
This also depends on the nature of the question...
If person A goes on to person B's land, uninvited, and somehow removes a livestock animal (previously defined - doesn't matter if it's deer or anything else) and leaves - you're looking at criminal theft and trespassing.
If person A happens to find a completely unmarked animal of some variety NOT on private land and absconds back to 'their place' with it, then no, it isn't theft. But if anything goes down person A probably wont be keeping the animal in question..
If it is outside the fence, then it would be fair game as long as it was deer season and you were not on a public roadway or any place that restricts hunting!
If it is an exotic, then it would be fair game 365 days out of the year!
If it is outside of the fence, kill it, or someone else next door will. How the heck can you do anything about it? Lay down a trail of C'mere Deer to the high fence gate???
In Texas, white tail deer are ALWAYS owned by the people of the state, no matter if they are behind a fence or not. Putting up a high fence and bringing in deer does NOT make those deer the property of the landowner. White tail deer are not considered livestock.
I don't know the answer but it's an interesting question.
Seems to me it would depend on being able to prove ownership, if the deer is chipped, branded, or some other biological marker. Someone is could have explaining to do.
if i understand correctly, when a high fence goes up, they are "supposed" to make every effort to remove all native TX deer. then stock it with whatever deer they purchase, making them livestock. so they would own the deer, and it would be theft of livestock
I'm pretty sure this is not correct either!
I understand all the mgmt aspects of high fences, but my one beef with them is the fact that rich guys are taking something that is supposed to be property of the people of the state, and in effect, making it their own!
OP, I don't have a clue what the answer to your question is, but suspect that you would not win!
To my understanding if anything gets out of a high fence and it's in season, it's fair game to kill.
Now if you take a pair of wire cutters, blow dart some Rompin in to a 284 class pen raised WT, wrestle it to your bondo'd 1992 Ford Taurus with the "my redneck child beat up your honor student" bumper sticker, and the Tres Locos malt Liquor on the floor board and black and mild cigars on the cracked dash...and stuff it in the trunk AND drive off...
It could be considered felony theft and trespassing...in most counties west of I-45.
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