Understanding Indiana Wildlife Hunting Regulations and Trespassing Laws

If you’ve been charged with a hunting-related crime in Indiana, it’s crucial to seek experienced legal help immediately. At Gibson Law Office, we have over 25 years of experience in criminal defense, providing dedicated representation to protect your rights. Our team includes Attorney Ashley Fleetwood, who grew up in Spencer, Indiana, and Owen County. Ashley understands the hunting-related statutes and can aggressively defend your rights.  

Statutes Overview 

1. Violations Regarding Deer or Wild Turkey (IC 14-22-38-3)

Under Indiana Code 14-22-38-3: 

• Class B Misdemeanor: Taking a deer or wild turkey in violation of this article. 

• Class A Misdemeanor: If the person has a prior conviction under this section or the repealed IC 14-2-3-8(c). 

2. Unlawful Acts Regarding Wild Animals (IC 14-22-6-1)

Indiana Code 14-22-6-1 prohibits: 

• Taking, chasing, or possessing a wild animal, except as allowed by specific statutes or rules adopted under IC 4-22-2. 

3. Unlawful Acts — Exceptions (IC 14-22-11-1)

Indiana Code 14-22-11-1 outlines the requirements for hunting licenses and the exceptions: 

• License Requirements: Individuals generally need a license to take or chase wild animals.

• Exceptions: Include farmland owners and their families, lessees of farmland, individuals under 13 without a bow or firearm, and certain airport managers. 

4. Reporting Requirements for Deer (312 Ind. Admin. Code 9-3-2)

Under 312 IAC 9-3-2(n): 

• Reporting: Individuals must deliver the deer carcass to an official checking station or report the take electronically within 48 hours or before removing the deer from the state.

• Information Required: True and accurate details as described in subsection (m). 

5. Wildlife Hazards in State Parks (IC 14-22-6-13)

Indiana Code 14-22-6-13 allows for: 

• Controlled Hunts: If a species poses a hazard or causes ecological damage in state parks or historic sites, the director may authorize the taking of the species. 

6. Trespassing Laws

It is illegal to hunt, trap, chase, or retrieve game on private land without the landowner's consent. Hunters must always obtain permission before entering private property. A form requesting permission to access private land can be found at hunting.IN.gov. 

7. State Park Early Deer Management

Hunters can apply to participate in State Park Early Deer Management at secure.in.gov. Selected participants may hunt at: 

• Shakamak State Park in Jasonville, Greene County

• Spring Mill State Park in Mitchell, Lawrence County

• Turkey Run State Park in Marshall, Parke County

• Shades State Park in Waveland, Montgomery County 

8. Tagging Requirements

Immediately upon killing a deer, the hunter must complete a temporary tag on paper that includes the hunter’s name, address, sex of the deer, license number (if applicable), and the date of the kill. The hunter is not required to place the tag on the deer while dragging it out of the field, as long as they carry the completed tag with them. The tag must be attached to the deer before the hunter leaves the deer unattended. 

9. Reporting Requirements

Hunters are required to register their harvested deer within 48 hours of the kill. This can be done through: 

• Online: CheckIN Game system

• Phone: Call 800-419-1326 (a $3 fee applies)

• In-Person: At a check station or license retailer who will enter the information into the CheckIN Game system 

10. Deer Hunting Seasons

The 2024-2025 deer hunting seasons in Indiana are as follows: 

• Reduction Zone: Sept. 15, 2024 - Jan. 31, 2025 (where open)

• Youth Season: Sept. 28-29, 2024

• Archery: Oct. 1, 2024 - Jan. 5, 2025

• Firearm: Nov. 16 - Dec. 1, 2024

• Muzzleloader: Dec. 7-22, 2024 

Key Court Cases: Insights and Implications 

Case 1: Illegal Deer Hunting Conviction 

In a case involving illegal deer hunting: 

• Background: A defendant was caught hunting deer without a license and using prohibited methods. 

• Outcome: The court upheld the conviction under IC 14-22-38-3, emphasizing the importance of adhering to hunting regulations to maintain wildlife populations and public safety. 

Case 2: Unauthorized Hunting on Private Land 

A case of unauthorized hunting on private land: 

• Background: A hunter was charged with trespassing after entering private property without permission to hunt wild turkey. 

• Outcome: The conviction was upheld, reinforcing the necessity of obtaining landowner consent as per Indiana trespassing laws. 

Case 3: Multiple Wildlife Violations and License Revocation 

In the case of Hurst v. State, multiple wildlife violations were examined: 

• Background: The defendant was involved in numerous illegal transactions of wild animals, including the sale and possession of untagged deer, over a period of one and a half years. 

• Outcome: The court imposed a two-year forfeiture of the defendant’s hunting privileges as a condition of probation, which was deemed reasonable and within statutory limits to ensure rehabilitation and public safety. 

Practical Implications and Defenses 

If facing charges under these statutes, consider the following defenses: 

1. Proof of Compliance: Demonstrating adherence to all hunting regulations and possession of required licenses.

2. Landowner Permission: Providing evidence of landowner consent for hunting on private property.

3. Unforeseen Circumstances: If the alleged violation occurred due to unexpected events beyond the hunter's control. 

Consequences of Violations 

• Misdemeanor Penalties: Class B or Class A misdemeanor charges can result in fines, imprisonment, or both.

• License Revocation: Repeated violations may lead to hunting license suspension or revocation.

• Financial Liability: Hunters may be held liable for damages caused while trespassing or hunting illegally.

Expert Legal Assistance in South Central Indiana 

At Gibson Law Office, our team of experienced defense attorneys, including Ashley Fleetwood, who grew up and lives in Spencer, Indiana, and Owen County, is well-versed in handling cases related to wildlife hunting regulations and trespassing laws. Ashley’s local knowledge and legal expertise make her a valuable resource for anyone facing these charges in South Central Indiana. 

Summary 

• IC 14-22-38-3: Illegal taking of deer or wild turkey can lead to misdemeanor charges. 

• IC 14-22-6-1: Unlawful acts related to wild animals are strictly regulated. 

• IC 14-22-11-1: Exceptions to hunting license requirements for specific individuals and situations. 

• 312 IAC 9-3-2: Mandatory reporting requirements for deer hunting. 

• IC 14-22-6-13: Controlled hunts in state parks to manage wildlife hazards. 

• Trespassing Laws: Always obtain landowner consent before hunting on private property. 

• State Park Early Deer Management: Apply for opportunities to hunt in designated state parks. 

• Tagging and Reporting: Follow specific tagging and reporting requirements for deer hunting. 

• Deer Hunting Seasons: Know the hunting seasons and regulations for a successful and legal hunt. 

• Key Cases: Demonstrate the importance of adhering to hunting regulations and obtaining proper permissions. 

• Expert Legal Assistance: Ashley Fleetwood and Gibson Law Office can provide legal support for hunting and trespassing cases.