Public Land Trail Cam Etiquette

[Moserkr]

I met some guys dropping cams all over the woods in one of my spots. It gets hit pretty hard during rifle unless you go really deep, but is empty during archery. I've run cams out there before too but Im hesitant leaving them out during rifle. But that made me think...

Has anyone ever pulled the cards on other people's public land cams and then just put them back? Download the data, don't delete, put the cam back as found. My opinion is that it's fair game on public land and is a no harm no foul situation. I will be carrying a card reader with me from now on. If the cam is locked in a box then I'll leave it be. Otherwise I cannot find an argument in my mind why its unethical. Thoughts?

 

[Mallardsx2]

Define nefarious.

Are we talking Roman Helmet situation here?

 

[bigsky2]

Ill be completely honest, if I found a cell cam during the season in Montana I'd be tempted to put something in front of the lens. Not sure if I'd check someone's card or not. I wouldn't want anyone checking my cards. I lock mine though.

 

[recon6036]

There is one in Wyoming that’s been in the same spot for a few years now. Appears that it is maintained. I have never considered checking the card, but I did hold up a sign with my email address written on it, asking the owner to send me Elk pics…..no luck though.

 

[Elky Welky]

I'm not messing with someone's private property, as much as I would like to get those peepy pervy trail cams off public land. This poll does raise an interesting question on the legality of checking the card.

A prosecutor could charge a criminal offense here, but how is pretty interesting. Using Montana as an example (sorry, these are the statutes I am familiar with. Worth looking them up in your own states), it would be really interesting to see it tried. Under both a theory of criminal mischief (vandalism) or theft, there still has to be either a showing of:

Criminal Mischief: "without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use;" 45-6-101(b) MCA

No interference with use, so that one is out.

Theft:

"(1) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over property of the owner and:

(a) has the purpose of depriving the owner of the property;

(b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or..." 45-6-301 MCA

No purpose to deprive the owner of the property under any subsection, so that's also out.

BUT, if I were to charge it as a prosecutor, I think the avenue would be under Unlawful Use of a Computer, which states:

"a person commits the offense of unlawful use of a computer when the person knowingly or purposely and without authorization:

... ...

(b) obtains the use or access of any computer, computer system, or computer network without consent of the owner;"

If a trail cam qualifies as a computer, then this one under sub b could work, which means messing with the card could lead to this sentence:

"A person convicted of the offense of unlawful use of a computer involving loss of property not exceeding $1,500 in value or when no loss can be articulated shall be fined not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both."