I had a situation similar to #1. Except that it was a bow only public area and a no hunting public ground in MD I was hunting. I moved at the wrongmoment not knowinga 130 class buck was within bow range of me.I was hunting near a river (more like a creek) and that was the boundry line. I was just off the edge of the river as I had seen several nice bucks cross there when scouting the area. Anyway, the buck I spooked bounded a couple times across the river and stopped quartering away at 25 yards. He just stood there for a minute totatly in the open andIjust had to watch him.

So for#1 I wouldn't shoot. Thankfully my neighbor of the property I hunt is a hunter to so we've talked about this and agreed just over the edge is far game either way.

As for#2 If I shot it I'd take the risk of getting caught. I'd probably go ahead and get it and then worry about it later.

Of course that goes for any deer not just a buck.