Retrieving Game From Private Property?

December 18, 2014

Question: Where can I find the regulations on retrieving game that has moved onto another’s property after being shot? I believe that it is legal but I can’t find the regs. (Joe D.)

Answer: There are no regulations which allow you to recover game that ends up on private property. You are expected to retrieve all game you harvest and not to cause wanton waste by failing to recover something you’ve shot, but you must get permission from the landowner to legally enter their property. If you are not able to reach them for permission, you may contact the local game warden or sheriff and request assistance.

Penal Code 602.8 PC trespass as an infraction

One very simple -- and common -- form of California trespass is often charged as an infraction in California law.

Specifically, if you willfully enter someone else's land without permission, and that land is enclosed by a fence OR has "no trespassing" signs posted at intervals of no less than three (3) to a mile, you would be charged initially with an infraction, under Penal Code 602.8 PC.29

The penalties would be:
    A seventy-five dollar ($75) fine for a first offense, and
    A two hundred fifty dollar ($250) fine for a second offense on the same land.30

However, for a third offense on the same land, you will be charged with misdemeanor trespass.

Note;
If the property is NOT posted or fenced, then the landowner must ask you to leave.  If you don't leave, then you can be charged with trespass. 

Penal Code 602.8 PC trespass as an infraction

One very simple -- and common -- form of California trespass is often charged as an infraction in California law.

Specifically, if you willfully enter someone else's land without permission, and that land is enclosed by a fence OR has "no trespassing" signs posted at intervals of no less than three (3) to a mile, you would be charged initially with an infraction, under Penal Code 602.8 PC.29

The penalties would be:
    A seventy-five dollar ($75) fine for a first offense, and
    A two hundred fifty dollar ($250) fine for a second offense on the same land.30

However, for a third offense on the same land, you will be charged with misdemeanor trespass.

Note;
If the property is NOT posted or fenced, then the landowner must ask you to leave.  If you don't leave, then you can be charged with trespass.

In addition, an un-fenced and un-signed piece of property under cultivation is also considered trespassing.