Harassment of Hunters, Trappers, and Fishermen
The full text of Texas Parks and Wildlife Code Section 62.0125 is provided below.
Full Text of Texas Parks and Wildlife Code 62.0125
Sec. 62.0125. HARASSMENT OF HUNTERS, TRAPPERS, AND FISHERMEN. (a) This section may be cited as the Sportsman's Rights Act. (b) In this section: (1) "Wildlife" means all species of wild mammals, birds, fish, reptiles, or amphibians. (2) "Process of hunting or catching" means any act directed at the lawful hunting or catching of wildlife, including camping or other acts preparatory to hunting or catching of wildlife that occur on land or water on which the affected person has the right or privilege of hunting or catching that wildlife. (c) No person may intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife. (d) No person may intentionally harass, drive, or disturb any wildlife for the purpose of disrupting a person lawfully engaged in the process of hunting or catching wildlife. (e) No person may enter or remain on public land or enter or remain on private land without the landowner's or his agent's consent if the person intends to disrupt another person lawfully engaged in the process of hunting or catching wildlife. (f) This section does not apply to a peace officer of this state, a law enforcement officer of the United States, a member of the armed forces of the United States or of this state, or employees of the department or other state or federal agencies having statutory responsibility to manage wildlife or land during the time that the officer, member, or employee is in the actual discharge of official duties. (g) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor. (h) It is an affirmative defense to prosecution that the defendant's conduct is protected by the right to freedom of speech under the constitution of this state or the United States. Added by Acts 1985, 69th Leg., ch. 731, Sec. 1, eff. Aug. 26, 1985. Amended by Acts 1993, 73rd Leg., ch. 700, Sec. 1, eff. Sept. 11, 1993.
Research and Analysis
Texas Parks and Wildlife Code Section 62.0125 is noteworthy for several reasons. It provides robust protections for individuals lawfully engaged in hunting, trapping, or fishing by criminalizing intentional interference or harassment. However, certain aspects of the statute stand out and warrant further analysis:
- Peace Officer and Military Exemptions: Section (f) explicitly exempts peace officers, members of the armed forces, and certain other officials from this law when performing their duties. This effectively allows these individuals to engage in activities that would otherwise constitute harassment under the statute, as long as they are acting in an official capacity. This raises questions about the potential for misuse of this exemption.
- Constitutional Rights as an Affirmative Defense: Section (h) is the only provision I have encountered to date that explicitly states a constitutional right (freedom of speech) as an affirmative defense to prosecution. This is significant because it acknowledges that certain actions—while disruptive—may still be protected under the First Amendment. It introduces an intriguing legal dynamic where the statute explicitly contemplates constitutional challenges.
Overall, while this law seeks to protect hunters, trappers, and fishermen, its exemptions and unique legal structure make it a fascinating study in the balance between individual rights and enforcement powers.