2020 Georgia Code
Title 27 - Game and Fish
Chapter 3 - Wildlife Generally
Article 1 - Hunting
Part 1 - General Provisions
§ 27-3-1. Requirement of Permission to Hunt on Lands of Another; Written Permission; Enforcement; Immunity of Landowner From Civil Liability

1. It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land. Such permission shall not be required, however, if the person hunting or a member of the person's family is the owner of the land, the lessee of the land, or the lessee of the game rights of the land. For the purposes of this Code section only, "family" means mother, father, son, daughter, brother, sister, uncle, aunt, son-in-law, daughter-in-law, niece, nephew, grandson, granddaughter, grandmother, grandfather, or spouse.
2. If the land is posted and if the owner of the land, lessee of the land, or lessee of the game rights of the land has informed a law enforcement agency that permission to hunt upon the land must be in writing, then the permission required by subsection (a) of this Code section must be in writing and must be carried on the hunter's person.
3. 1. Except as otherwise provided in this subsection, any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500.00.
   2. Any person who violates subsection (a) or (b) of this Code section for the second time within a two-year period shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,000.00; and the department shall revoke the right of such person to a hunting license for a period of one year for each such second conviction within a two-year period.
   3. Any person who violates subsection (a) or (b) of this Code section for a third or subsequent time within a three-year period shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $2,000.00; and the department shall revoke the right of such person to a hunting license for a period of three years for each such third or subsequent conviction within a three-year period.
   4. The minimum fines and revocation periods specified in this subsection shall not apply, however, to an offender who is 17 years of age or younger.
4. It shall be the duty of any peace officer whose duty it is to preserve the peace or make arrests or enforce the law to enforce this Code section.
5. Any owner of land, lessee of land, or lessee of the game or fishing rights to land who gives permission to another person to hunt, fish, or take wildlife upon the land with or without charge shall be entitled to the same protection from civil liability provided by Article 2 of Chapter 3 of Title 51 for landowners who allow the public to use their land for recreational purposes without charge.

(Ga. L. 1911, p. 137, § 7; Code 1933, § 45-320; Ga. L. 1955, p. 483, § 65; Code 1933, § 45-501, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 38; Ga. L. 1984, p. 546, § 1; Ga. L. 2001, p. 1013, § 11; Ga. L. 2001, p. 1076, § 1.)

- For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018).

JUDICIAL DECISIONS

Permission of landowner.

- One must have permission of landowner as condition precedent to hunting any game or animals. Blassingame v. State, 11 Ga. App. 809, 76 S.E. 392 (1912).

- In order to convict person of hunting on land of another without permission, it is incumbent upon the state to prove that permission to hunt was not obtained from the landowner, lessee, or lessee of the game rights, and where the state proved only that the defendant did not obtain permission from one of the owners, and there was no showing that the owner was the only person empowered to give permission to hunt on the land, the evidence was insufficient for a rational jury to reasonably find the defendant guilty beyond a reasonable doubt. Townsend v. State, 173 Ga. App. 389, 326 S.E.2d 569 (1985).

- Former Ga. L. 1911, p. 137, § 7 (see now O.C.G.A. § 27-3-1) expressly protected lands of another from trespassing by hunters regardless of whether the game being hunted was specifically protected by that section. Blassingame v. State, 11 Ga. App. 809, 76 S.E. 392 (1912).

The state must negate the disjunction that the landowner or the lessee or the lessee of the game rights gave permission to hunt on the land, which requires a showing that the landowner did not give permission, the lessee (if extant) did not give permission, and the lessee of the game rights (if extant) did not give permission. Burkhalter v. State, 256 Ga. 236, 347 S.E.2d 588 (1986).

- See Blackwelder v. State, 256 Ga. 283, 347 S.E.2d 600 (1986).

- Where the lessee of the game rights had not given the defendants permission to hunt on the property, there was no evidence that another lessee existed and the only other evidence was one defendant's testimony that they had not intended to hunt on private property because they did not have the appropriate hunting license to hunt on such property, this evidence was insufficient to support a conviction under O.C.G.A. § 27-3-1. Burkhalter v. State, 256 Ga. 236, 347 S.E.2d 588 (1986).

- Because the date of the alleged offense is not generally material, except for statute of limitations purposes, and failure to rely on a specific date is not harmful unless the defendant is surprised and prejudiced in the preparation of a defense, defendant was not harmed by the appearance of an incorrect date on the summons. Blackwelder v. State, 256 Ga. 283, 347 S.E.2d 600 (1986).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting.

- Hunting on the land of another without permission is no longer designated as an offense for which those charged with a violation must be fingerprinted, except to the extent mandated by statute. 1987 Op. Att'y Gen. No. 87-21.

The Georgia Crime Information Center is not authorized to collect and file fingerprints of persons charged with a violation of O.C.G.A. § 27-3-1(c). 2001 Op. Att'y Gen. No. 2001-11.

- O.C.G.A. § 27-3-1 does not apply to persons lawfully engaged in hunting whose dogs enter the lands of another without permission. 1997 Op. Att'y Gen. No. U97-16.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 27.

- 38 C.J.S., Game; Conservation and Preservation of Wildlife, § 4.