Could a livestock owner be prosecuted for trespass while retrieving escaped animals from someone else's land?

Plain-English summary

A district attorney asked whether Louisiana's new trespass law exposed a landowner to prosecution for retrieving livestock from another person's property and whether it prohibited open-range areas. In Opinion 03-0354, the AG pointed to a statutory affirmative defense for an owner, employee, or agent retrieving domestic livestock that had escaped from an area fenced to retain them. The AG concluded that the law provided for open-range areas in this context.

The quoted provision also separately addressed an owner retrieving a domestic animal, with a condition that the owner carry no firearm or other weapon. The opinion's livestock answer should be read with the precise statutory conditions it quoted.

Currency note

The full issue date is not legible in the available official extract. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Livestock owners

The defense described in the opinion concerned entry while retrieving domestic livestock that escaped from a fenced area. The AG characterized the enumerated exceptions as an affirmative defense to a trespass charge.

Prosecutors and neighboring owners

The opinion did not say every entry onto neighboring land was authorized. Its answer depended on the exceptions quoted from LSA-R.S. 14:63 and the owner's activity in retrieving animals.

Common questions

Could an owner enter another person's land to bring back escaped livestock?

The AG said the quoted exception provided an affirmative defense when an owner, employee, or agent was retrieving domestic livestock escaped from a fenced area.

Did the law ban open-range areas outright?

The AG answered no, pointing to the retrieval exception in the amended trespass law.

Was the exception a blanket permission to enter for any reason?

No. The opinion described specific animal-retrieval circumstances as defenses to a trespass charge.

Background and statutory framework

Act 802 of the 2003 Regular Session amended LSA-R.S. 14:63. The opinion quoted the new trespass provision and its enumerated exceptions for retrieving escaped domestic livestock and domestic animals, then applied them to the district attorney's questions.

Citations and references

• LSA-R.S. 14:63: trespass law and animal-retrieval exceptions.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0354

Original opinion text

P.O, BOX 94095
DEPARTMENT OF JUSTICE
BATON ROUGE, LA 70804-9095
CRIMINAL DIVISION
Teiephone:
ATTORNEY GENERAL
(225) 342-7552
FAX:
(225) 342-7893
OPINION 03-0354

Loren M. Lampert
Assistant District Attorney 16 CRIMINAL LAW- Crimes and Offenses
LSA-R.S. !4:63
Ninth Judicial District
PO Drawer 1472
The new trespass law does provide for open range areas or
Alexandria, Louisiana 71309 landowners to retrieve their livestock from the properb, of another, without havh~g to face criminal prosecution.

Dear Mr. Lampert:

This office is in receipt of your opinion request of recent date wherein you asked whether the new trespass law as codified in Act 802, 2003 Louisiana Regular Legislative Session would subject a landowner retrieving his livestock to criminal prosecution. And secondly, whether the new trespass law prohibits open range areas.

The new trespass law does redefine the codal provision of LSA-R.S. 14:63. The new law states in relevant part, "No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization."

However, the legislature added specific enumerated exceptions to R.S. 14:63.
According to R.S. F (5)(6), "The following persons may enter or remain upon immovable property of another: the owner of a domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock; and the owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person."

These exceptions provide an affirmative defense to any person charged with violation of the trespass law. Therefore, it is the opinion of this office, that the new trespass law does provide for open range areas for landowners to retrieve their livestock from the property of another.

Very truly yours,

RICHARD P. IEYOUB
ATTORNE~Y GENERAL

BY:
BURTON G U ! D RY"--I,
ASSISTANT ATTQR!~Y GENERAL

BG/et/jy