Legal Question in Civil Rights Law in Louisiana

Is it illeagal?

Is it illegal to help an injured spotted fawn. My sister-inlaw with her three kids found a spotted fawn on side the road and pick it up and brought it to my house to try and help it. The children were 6,5,4. I said i would try to help it and my fiance told me no but i did keep it anyway and it died the next day. I turned to air on full blast to keep it cool, until my sister-inlaw got back to the house because the children wanted to burry it. Someone turned us in with it and they gave my fiance a ticket for taking a spotted fawn but he had nothing to do with it. The game warden said since i know you hunt i will give you the ticket that way i know you will pay it or loose your licence for 5 years. I think I should have got the ticket and not him. Is there a law?


Asked on 10/24/03, 7:55 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Is it illeagal?

Dear Law Guru Friend,

It may indeed be illegal to capture and possess an injured spotted fawn; however, even a lawyer would need to find the appropriate set of wild-life statutes and study them to determine whether or not such activity is illegal. I assume it is, for wild-life people are touchy about what one does with and to wild animals. Certainly what you did was commendable, for you tried to save the life of the fawn; but it still may have been illegal for you to have taken it into custody. Nevertheless, for the wildlife agent to ticket your husband is ridiculous. Tell him that under no circumstance should he plead guilty to that charge. He is entitled to a trial, and he should demand one if the prosecutor pushes the matter. I suggest you talk with the prosecutor and convice him to either drop the charge or at least charge the proper party. From what you said here, your husband did nothing wrong for him to be charged with this alleged violation. Who does the wild-life agent think he is to make the determinaton that since someone should be ticketed, that he can just ticket anyone, that he can ticket the one that it would be the most convenient to ticket! From what you say here, your husband is guilty of no law violation, so he should not be charged; and he should fight the charge by demanding a trial. On the facts given here, he should and would be acquitted of any violation himself. I suggest you contact the prosecutor early on and see if you cannot get the charge dropped completely. You had the best of intentions, and you should not be punished for that. Best of luck!

Sincererly,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 10/25/03, 6:34 am


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