PREVENTING UNFAIR PROSECUTION OF LANDOWNERS WHO ALLOW OTHERS TO HUNT
A little-known provision of the Game and Wildlife Code has been used to unfairly prosecute landowners who allow others to hunt on the landowner’s property. Section 924 of the Code provides that a person “who causes” another to act in violation of the Code is liable for that violation, just as if the person had actually committed the violation. This section has been cited as the legal basis in attempts to hold landowners responsible for violations committed by hunters whom the landowner has allowed to hunt on his or her property.
Legislation will soon be introduced to amend Section 924 to expressly recognize that landowners cannot be legally prosecuted for any violation of the Game and Wildlife Code committed hunters while hunting on the landowner’s property.
Contacts should be made to House and Senate members, especially those on the House and Senate Game and Fisheries Committees. Legislators should be urged to support enactment of legislation to expressly exclude landowners from legal responsibility for violations of the Game and Wildlife Code committed by hunters whom the landowner has allowed to hunt.