(1) (a) Unless otherwise provided by commission rule and except as provided in section 33-6-107 (9) for persons owning or leasing land, members of their family, or their agents, it is unlawful for any person to utilize any artificial light as an aid in hunting or taking any wildlife. For the purposes of this subsection (1), the possession of any firearm with cartridges in the chamber or magazine or loaded with powder and ball or a strung bow, unless the bow is cased, while attempting to project any artificial light into areas where wildlife may be found is prima facie evidence of a violation of this section.

(b) A person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of twenty license suspension points.

(2) (a) Unless otherwise provided by commission rule and except as provided in section 33-6-107 (9) for persons owning or leasing land, members of their family, or their agents, it is unlawful for a person to utilize electronic night vision equipment, electronically enhanced light-gathering optics, or thermal imaging devices as an aid in hunting or taking wildlife outside legal hunting hours according to commission rules.

(b) A person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of two thousand dollars and an assessment of twenty license suspension points.

Source: L. 84: Entire article R&RE, p. 877, § 1, effective January 1, 1985. L. 94: Entire section amended, p. 1588, § 21, effective May 31. L. 2003: Entire section amended, p. 1030, § 5, effective July 1.

Editor's note: This section was contained in an article that was repealed and reenacted in 1984. Provisions of this section, as it existed in 1984, are similar to those contained in § 33-6-119 as said section existed in 1983, the year prior to the repeal and reenactment of this article.

Am. Jur.2d. See 35 Am. Jur.2d, Fish and Game, § 57.

C.J.S. See 38 C.J.S., Game; Conservation and Preservation of Wildlife, §§ 56, 57, 81.