(A) Except as otherwise provided in this article, night hunting in this State is unlawful.

(B) A person who violates this section by night hunting for any animal, except for deer, bear, turkey, or an animal listed in Section 50-11-710 or 50-11-715, upon conviction, must:

(1) for a first offense, be fined not more than five hundred dollars, be imprisoned for not more than thirty days, or both;

(2) for a second offense within two years from the date of conviction for the first offense, be fined not more than one thousand dollars, be imprisoned as provided for a first offense, or both; and

(3) for a third or subsequent offense within two years of the date of conviction for the last previous offense, be fined not more than one thousand five hundred dollars, be imprisoned as provided for a first offense, or both.

(C) A person who violates this section by night hunting for deer, bear, or turkey on property not registered with the department for night hunting feral hogs, coyotes, or armadillos, upon conviction, must:

(1) for a first offense, be fined not less than five hundred dollars nor more than two thousand five hundred dollars, be imprisoned for not more than one year, or both;

(2) for a second offense within two years from the date of conviction for the first offense, be fined not less than five hundred dollars nor more than two thousand five hundred dollars, be imprisoned as provided for a first offense, or both; and

(3) for a third or subsequent offense within two years of the date of conviction for the last previous offense, be fined not less than one thousand dollars nor more than three thousand dollars, be imprisoned as provided for a first offense, or both.

(D) A person who violates this section by night hunting for deer, bear, or turkey on property registered with the department for night hunting feral hogs, coyotes, or armadillos, upon conviction, must:

(1) for a first offense, be fined not less than five hundred dollars nor more than two thousand five hundred dollars, be imprisoned for not more than one year, or both;

(2) for a second offense within two years from the date of conviction for the first offense, be fined not less than one thousand dollars nor more than three thousand five hundred dollars, be imprisoned as provided for a first offense, or both; and

(3) for a third or subsequent offense within two years of the date of conviction for the last previous offense, be fined not less than two thousand five hundred dollars nor more than five thousand dollars, be imprisoned as provided for a first offense, or both.

(E) The display or use of artificial light at night on property not registered with the department for night hunting feral hogs, coyotes, or armadillos, in a manner capable of disclosing the presence of deer, bear, or turkey, together with the possession of or with immediate access to a centerfire rifle and ammunition larger than a twenty-two caliber rimfire, or a shotgun and ammunition larger than shot size number four, shall constitute prima facie evidence of night hunting for deer, bear, or turkey.

(F) Nothing in this article prohibits a person from acting in accordance with the conditions contained in a depredation permit issued by the department pursuant to Section 50-11-2570.

HISTORY: 2017 Act No. 88 (S.443), Section 1, eff May 19, 2017.