Trespassing while hunting and armed is a federal offense.. do it on our property and you will go to jail and if the offense is at night you might win a free trip to the morgue.
Yes it's an offense but not a federal offense.Texas Penal Code 30.05 addresses Trespassing which is a Class B misdemeanor just one level above a citation but still an arrestable offense. Trespassing with a deadly weapon is a Class A misdemeanor.
Fishing without landowner consent is addressed by Texas Parks and Wildlife Code - 61.022. Taking Wildlife Resources Without Consent of Landowner Prohibited which is a Class A Parks and Wildlife Code misdemeanor
So basically a person can be charged with Criminal Trespass and fishing without land owner consent.
Whether day or night you would not be justified to shoot a trespasser. Read Texas Penal Code Chapter 9.
Prevention of Trespass or Theft - Texas Penal Code § 9.41(a)
Texas law allows a lawful owner of land or tangible property to use force to protect his property. The property owner is justified in using force when he reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on his land or unlawful interference with his property.Recovery of Land or Stolen Property - Texas Penal Code § 9.41(b)
A person unlawfully dispossessed of land or property by another is justified in using force against the other when he reasonably believes the force is immediately necessary to re-enter the land or recover the property. The owner can only use force if he uses it immediately or in fresh pursuit after the dispossession and he reasonably believes the other had no claim of right when he dispossessed the actor or the other took the land or property by using force, threat, or fraud.
Deadly Force to Protect Property - Texas Penal Code § 9.42
There is a three-part test an owner must meet in order to use deadly force to protect his property. A person is justified in using deadly force to protect his land or tangible property if:
he would be justified in using force against the other under § 9.41 of the Penal Code;
he reasonably believes the deadly force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery,
theft during the nighttime, or criminal mischief during the nighttime or to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
he reasonably believes that the land or property cannot be protected or recovered by any other means or the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
twice I have let trespassers know I was armed and would shoot by sending a few rounds their direction, ended their trespassing.
just better be dam sure you are justified if you ever do drop someone for trespass, you have to give them the option to leave and up to them how things go after that.