Question

[RiverRat1]

I think people are missing the point of this post

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.

This is my point. The HF landowner does not own the deer.

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!

Bisch

But they claim the deer can jump the HF so they don't own them. That's their loophole. So if one were to somehow get the deer it should not be theft. But you're right, I'm sure they would get you on something. Don't know why I had this thought today.

[RiverRat1]

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.

But I don't like to make generalizations...

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That would be a breeding facility so they could own the deer. I'm talking about a simple large HF ranch..No breeding pens. And deer, not anything they bought. Which is probably a very high percent of HF ranches.

[hcshooter]

The whole outcome of this is your still trespassing and stealing whether from state or land owner. You going to admit your willing to do both and have no principals?

All together is just wrong, end of story no discussion!

[Bisch]

I don't think it is legal to possess a wild whitetail deer, so you would be breaking some kind of law if you "stole" it.

And yes, "they" claim the deer can still jump the fence, so they are not captive, BUT, "they" also know that 99.9% can't or won't jump the fence, or the fences would be just a bit higher. It's all about money, and the rich guys make the rules.

Bisch

[RiverRat1]

The whole outcome of this is your still trespassing and stealing whether from state or land owner. You going to admit your willing to do both and have no principals?

All together is just wrong, end of story no discussion!

Just because I'm curious and ask a question doesn't mean I'm trying to pull something off. For all you know I own a large ranch and am debating the pros and cons of high fencing it.

It's not trespassing if you don't enter the HF. Bait out heavy for weeks then cut the fence, lure them over, and then repair the fence. What then? You didn't steal anything and you repaired what you broke.

[Rack Ranch]

I'm curious, how are you going to "steal" a deer from a HF without trespassing? Cut the fence? Oh, that legal... Troll on!!

Just because I'm curious and ask a question doesn't mean I'm trying to pull something off. For all you know I own a large ranch and am debating the pros and cons of high fencing it.

It's not trespassing if you don't enter the HF. Bait out heavy for weeks then cut the fence, lure them over, and then repair the fence. What then? You didn't steal anything and you repaired what you broke.

[hcshooter]

Just because I'm curious and ask a question doesn't mean I'm trying to pull something off. For all you know I own a large ranch and am debating the pros and cons of high fencing it.

It's not trespassing if you don't enter the HF. Bait out heavy for weeks then cut the fence, lure them over, and then repair the fence. What then? You didn't steal anything and you repaired what you broke.

I am pretty certain your logic would not hold up in court. If it was my property and I catch the person then that person would have to ask them self, was it really worth it as they are sucking mashed tators through a straw.

[RiverRat1]

Back on topic. What would the person according to the law be punished for in post #20?

Can we agree it's not stealing?

[Muddy Bud]

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 is no where near correct.

Unless you or someone you know is going on to a high fence ranch and loading them up in a trailer and hauling them to another pasture with out the owners or states consent then it isn't stealing.

If a deer escapes a high fence ranch and is just wondering around someplace then it's just another deer meandering around just like any other one. If it's tagged and relatively tamed then I would make an effort to contact the high fence owner but if he won't answer on the first call then it's free breeding for you.

[Bullseye07]

Back on topic. What would the person according to the law be punished for in post #20?

Can we agree it's not stealing?

Whether it was theft or not you would be taken to civil court and have to pay for the cost of the animal.

[xman59]

If a person were to steal deer from a high fenced ranch would it be considered theft in court?

Not a breeding facility but a huge HF ranch

yes, plain and simple, if you take something that is not yours that another person owns or has control of it is theft,, if that animal is not in the boundaries of the property theft would be the lesser of the evils,, there are other laws like possession of a wild animal, transporting animals that would probably cause you more than a little grief,,,, there is more to it than simple theft



in the case of deer, the owner would likely have to prove they were the owner

[CRM_95]

You'd still be in trouble...if the deer got out and you shot it on your place that'd probably be ok. If you went in a let it our your trespassing, if you destroy the fence to let it out it's criminal mischief, and if you were hunting inside for something else and shot a whitetail the owner didn't want you to shoot it could be hunt without landowner consent. Really no way for it to happen without breaking some sort of law.

[UncleCharlie]

If a person were to steal deer from a high fenced ranch would it be considered theft in court?

Not a breeding facility but a huge HF ranch

Man I'm glad I don't hunt in San Saba...

[Sippy]

I don't think it is legal to possess a wild whitetail deer, so you would be breaking some kind of law if you "stole" it.

And yes, "they" claim the deer can still jump the fence, so they are not captive, BUT, "they" also know that 99.9% can't or won't jump the fence, or the fences would be just a bit higher. It's all about money, and the rich guys make the rules.

Bisch

I respect you as a long time member here, but you sure are making quite a few ignorant generalizations.

[Sippy]

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

None of this is correct.