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CONSERVATION CORNER
(For the week of November 10, 2008)
Trespassing Fines Increased
by James L. Cummins

“Property rights” is a hot topic with almost every property owner or lessee. Most landowners have experienced the aggravation, frustration, and in some cases, the confrontations associated with those who violate their rights. Property owners/lessees cannot safely enjoy their property when poaching is rampant. Having an armed, uninvited, outlaw on your property defies all safety and game management rules.

For the Mississippi Department of Wildlife, Fisheries and Parks’ fiscal year 2007, the agency issued 946 trespassing citations. Many trespass violations are associated with illegal hunting (poaching); hence a firearm or some other weapon is carried by the trespasser.

Until this year, under the Mississippi Code, the first trespassing offense was punishable by a fine of not less than $150 nor more than $250. A second offense within 5 years was punishable by not less than $250 nor more than $500 and may be punishable by imprisonment for a period of not less than 10 nor more than 30 days (or both fine and imprisonment).

During this past legislative session, the Mississippi Legislature, under the leadership of Gray Tollison (D-Oxford), increased the fines for trespassing. The new law states, “Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished by the first offense by a fine of $250. Upon conviction of a person for a second or subsequent offense, the offenses being committed within 5 years of the last offense, such person shall be punished by a fine of $500, and may be imprisoned in a county jail for a period of not less than 10 nor more than 30 days, or by both such fine and imprisonment.” This increased penalty does not include any fines imposed for other violations which may have been committed in the course of the trespass.

The law further states that it shall be the duty of the sheriffs, deputy sheriffs, constables and conservation officers to enforce this law. Also, the landowner, lessee or agent of such landowner or lessee has the right to dismiss a prosecution.

These modifications will also aid law enforcement officers in obtaining convictions. Property rights of individuals as well as the fish and wildlife resources of the state of Mississippi will also be enhanced. This is the most significant improvement in the law to deter trespassing in years and Wildlife Mississippi is pleased to have played a large role in the passing of this important legislation.