March 10, 2003, 15:28
SuzanneAre parties applicable?
Is the law of parties applicable to the Texas Parks and Wildlife Laws?
I have a case where the defendant is charged under Sec. 61.022(a) TxP&W Laws. (basically, hunting (dove) on someone else's property without consent). The defendant wasn't the hunter but actually the guide directing the hunters to hunt on this land without consent from the landowner.
Can I use the law of parties from the Penal Code and apply it the the Tx Parks and Wildlife, eventhough the TxP&W has a different sentencing guideline for this class B misd.???
March 10, 2003, 17:11
Scott BrumleyI don't know if the law of parties applies to a P&W Code violation, but file on the errant hunters and see how long it takes them to sue the snot out of the guide who directed them to trespass.
March 10, 2003, 18:05
Martin Peterson1.03 (b) says Title 2 applies to offenses defined by other laws unless the statute defining the offense provides otherwise. Don't know if there is a case on point, but that sure seems to says guide can be guilty for the hunter's conduct he was aiding or encouraging.