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Changing Iowa Trespassing Law

gunrunr

gunrunr

Life Member
I think many of us would agree that Iowa's trespassing laws are lacking in "teeth" to prevent the problem that seems to be getting worse. Most states I have hunted in it is most certain that you "DO NOT" trespass - repercussions are big and it is not worth it. In Iowa that is simply not the case, seems like a $75-$125 fine is the most I see charged with no loss of hunting rights or privileges.

I have been talking with a State Representative to try to introduce a bill that makes this better. Does anyone have any constructive ideas or examples of surrounding states that we can use?

You would think such a law would get wide-spread support. After all, who wants to come out as FOR trespassing? While normally I don't think we need more laws, I do think this is one area where we could benefit from a small change. It does not need to be as extreme as some of the western states, but definitely a little stronger than the current laws on the books. My thoughts include higher fines, increasing incrementally for second or third offense and temporary loss of hunting rights for repeat offenders if trespassing while engaged in hunting activities?

Any thoughts or ideas?
 
I would say an increase in fines or punishment when trespassing with the intend of taking anything from the property. Get on the trespassing hunters, shed, mushroom, ginseng hunters and fisherman too.
Also enforceable by any law officer or department. None of this sheriff call the DNR or the other way around.
 
If trespassing with a weapon make it so that gets confiscated. With the price of guns and bows these days that would make it hurt the pocket book.
 
No warning for trespassing while possessing any weapon or using any motorized conveyance.

Weapon will be confiscated

Must obtain permission to track a deer across property lines.

First offense 125.00

Second offense 750.00

Third offense 2500.00 and loss of hunting privileges for 1 year as a designated habitual offender

4th Offense- 10,000 fine. Loss of hunting privileges for 5 years

5th Offense- Loss of Iowa hunting and fishing privileges for life. Felony conviction

Put penalties in place for destruction of property and set thresholds for a felony offense
 
hoosierhunter said:
No warning for trespassing while possessing any weapon or using any motorized conveyance.

Weapon will be confiscated

Must obtain permission to track a deer across property lines.

First offense 125.00

Second offense 750.00

Third offense 2500.00 and loss of hunting privileges for 1 year as a designated habitual offender

4th Offense- 10,000 fine. Loss of hunting privileges for 5 years

5th Offense- Loss of Iowa hunting and fishing privileges for life. Felony conviction

Put penalties in place for destruction of property and set thresholds for a felony offense
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Two things I disagree with are the first offense fine. I think it needs to be higher than 125. Second thing is the tracking deer across property lines. I think if you have blood you should be able to go where it goes without a weapon. Hell even put a clause where you have to offer the landowner to come with you for proof. Other than that I like all your points.
 
Trespassing is a slippery slope in politics. I am a land surveyor and our board worked for years to make something happen so that we would not be considered trespassers. Well after many back and fourths, our board settled on a "right of entry" law/statute to pursue survey monuments on private ground. It sounded good but after reading through what it actually says there are many stipulations that we must go through, a couple are 7 day notice/wait period, no destruction of property (so driving a vehicle in may be damaging to some, who knows), etc. There are still many grey areas for us and the 7 days is rediculous when trying to churn out projects in a timely and cost effective manner. Although after the 7 notice, there is basically not much the land owner can do to keep us off which is nice.

Just wanted to bring this up because as you proceed with legislation, make sure you're getting what it is that is truly best for the group as a whole and not agreeing to other stipulations the to get what you want. A good plan is to have lobbyists on your side (ie farm bureau). Seems in politics, you can get stuff done but it's a "what can you do for me or what are you willing to give up in exchange mentality" Sent from my iPhone using IW
 
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Permission to cross property lines to track a deer could be difficult to achieve. Those that abuse that current law use it to "track a wounded deer" into inaccessible property to kick out holding deer to areas where they otherwise have permission. You would have to put some kind of stipulation in there to prove that a reasonable attempt to gain permission was made. But that gets into another pretty grey area.
 
As a landowner it feels like you have no rights to say no. That is wrong. If you have the same people year after year saying they have a wounded deer, then have 6-8 of their friends stand on the fence line while they look. Its not right. Land owner should be able to say NO. If someone comes to your door and says my dog is lost and I am coming into your house to find it, you can say no..
 
Note that requiring permission to enter curbs fence hunting, your crazy road hunting ditches, dog running yotes, etc.

Indiana's law reads this way. The flip side is a landowner not allowing you to recover a deer that can be seen is then in trouble for wanton waste.

I've never been denied permission to enter. I always have requested an officer accompany me to ask permission if I'm worried about it.

I have denied access to one hunter. I had warned him against hunting out of a ground blind facing the road/houses and shooting a rifle cartridge. He didn't heed the warning and shot a doe and buck together on opening morning. We recovered the buck going one way and he took another bullet because the hunter was using hard-nosed ammo. The doe covered 300 yards and crossed into my sanctuary. He couldn't say where he hit her and blood was terrible at best. He understood our decision to stop. We found her a week later dead in the cut beans about 600 yards away.
 
Is it around $75-125 each time, over and over again????
Ok, well, if that's the case - I'm gonna find the best land in Iowa.... Instead of offering the guys $3,000 to hunt (WHATEVER), I'll just go out 5, 10, 15 times until I get my giant. Just take my ticket each night. Still be cheaper!

I know a "good guy" about 5-10 years ago. Good guy, good morals BUT was STUPID!!!!..... Running late on opening day. "OOPS, forgot to buy my tags" - went out anyways. Didn't shoot anything. DNR checking tags when back to vehicle. I swear, I remember the call to this day.... Took his bow, $500-$1000 or something like that fine, took his backpack, binoculars, you name it. HE WAS STUPID and WRONG. No doubt. But, he does that (on land he rightfully had permission on) with those consequences but I sneak onto someone else's private property & get a "parking ticket" essentially for $75-$125. Yep, don't seem right. I agree, needs to get way more aggressive. I'm in on helping. Needs to be brought up legislatively.
 
Most of points are good. But not being able to track ur deer onto neighboring land without permission is bullshit.

Yea I just shot a buck of a life time 180-200 inches. But the neighbor said I couldn't track it. So I just let it lay over there and go to waste.

Most people are good enough to give you permission. But there is always that one ass that owns 500-1000 acres and don't let anyone touch it. Cause it's a sanctuary. I'd just tell him to go fly a kite. I'd find that deer.
 
My opinion is after one offense really make it hurt. Even bigger fine than proposed above and start taking away hunting privileges
 
I'm all for bumping the fines WAY up. If you want to be on the property, ask the land owner. I have no tolerance for people who trespass.
 
I am for really stiff penalties, especially for multiple offenses, maybe different penalties for different offenses. IE shed poaching, mushrooms, hunting and killing an animal. I think there has to be a way to allow hunters to recover an animal. Even if you have a couple hundred acres a deer can get off your property. Make it a weaponless, supervised search. Landowner is free to tag along if they feel the need. I can understand the gun hunting perennial issue, not sure how to circumvent that bs
 
Trapshooter1 said:
Most of points are good. But not being able to track ur deer onto neighboring land without permission is bullshit.

Yea I just shot a buck of a life time 180-200 inches. But the neighbor said I couldn't track it. So I just let it lay over there and go to waste.

Most people are good enough to give you permission. But there is always that one ass that owns 500-1000 acres and don't let anyone touch it. Cause it's a sanctuary. I'd just tell him to go fly a kite. I'd find that deer.
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I must agree on the tracking a deer onto neighboring land, I used to hunt next to a guy that was a prick if you wanted on his land but went on everyone else's all of the time. This needs to stay the same, plus getting in contact with an out of state landowner could prove to be impossible to do. It is hard enough to find a phone number for a landowner who does not live on the land and still lives in Iowa.

If someone is blatantly tresspassing that is a different matter.

I think by making it tougher we would see people fighting it in court and spending a lot of taxpayers money.
 
Totally agree that trespassing fines should be more aggressive.

I wonder if the IBA would back this, if they would the IBA lobbyist could be utilized.
 
cornpatcher said:
Totally agree that trespassing fines should be more aggressive.

I wonder if the IBA would back this, if they would the IBA lobbyist could be utilized.
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Yes, Your IBA Board is looking into this as we speak.

Does anyone have any examples of tresspassing laws from close-by states that seem to work? Any examples we can mimic?
 
For what its worth this is Missouri's law, I have no personal knowledge on effectiveness, just did a google search. The purple paint is an interesting idea, would clearly define boundaries, and couldn't claim ignorance. Fines seem to be steeper.

Two Degrees of Criminal Trespass
First Degree:
More serious Misdemeanor B: up to $500 fine, and/or up to 6 months in jail.
Second Degree:
Less serious Infraction: up to $200 fine (no jail)

First Degree Trespass MO Stat 569.140
Person must knowingly enter upon the real property of another in an unlawful manner
Entering upon land fenced or enclosed in a manner designed to exclude intruders
Ignoring actual communication by the landowner not to enter or remain on the land
Entering land posted in a manner reasonably likely to attract attention of intrudersIf purple-paint marks are used, must satisfy statutory requirements (MO Stat 569.145)
For signs, there are no statutory requirements in Missouri other than that the signs be “reasonably likely to attract the attention of intruders”

Second Degree Trespass MO Stat 569.150
Any unlawful entry
No “knowing” requirement
A reasonable, mistaken belief of consent is NOT a defense to 2nd degree trespass
Fences against intruders, sign posting, painting purple paint marks, and verbal warnings are not required

Purple Paint Posting MO Stat 569.145
Markings must be on trees or posts
Vertically at least 8 inches long (tall)
Bottom edge must be between 3 and 5 feet from the ground
No more than 100 feet apart
Readily visible to any person approaching the property

States with “Posting” by Purple Paint Markings
Arkansas (18-11-405)
Missouri
Texas (Penal Code 30.05(2)(D)
Kansas (32-1013(a)
 
Sligh1 said:
Is it around $75-125 each time, over and over again????
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If you can't prove they stole or destroyed something; it's a simple misdemeanor. I've turned in the same person three times in 6 years, and he got $65 plus court cost each time. He picks up 5 times that in sheds every year! You have one year to turn them in for simple trespass and two years for criminal trespass. I'm actually holding on to a cam pic from Jan of this year of an individual who I'll charge right before shed hunting again.
 
Droptines said:
If you can't prove they stole or destroyed something; it's a simple misdemeanor. I've turned in the same person three times in 6 years, and he got $65 plus court cost each time. He picks up 5 times that in sheds every year! You have one year to turn them in for simple trespass and two years for criminal trespass. I'm actually holding on to a cam pic from Jan of this year of an individual who I'll charge right before shed hunting again.
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That is insane! Maybe a try a bear trap?
 
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