Sec. 26-85. Jacklighting for deer. Forfeiture and disposal of weapons.
Sec. 26-85. Jacklighting for deer. Forfeiture and disposal of weapons. No person shall use or attempt to use or possess any jacklight for the purpose of taking any
deer. For the purpose of establishing a prima facie case under the provisions of this
section, a jacklight shall be construed as any artificial light when used in conjunction
with any rifle larger than a twenty-two long rifle, or with a shotgun and ball shells or
shot larger than No. 2 shot or with a bow and arrow or crossbow, in any area frequented
by deer or where deer are known to be present, or in any deer habitat, and possession
of such articles in any such place, or any road, lane or passageway adjacent to such
place, by any person during the period from one-half hour after sunset to sunrise shall
be prima facie evidence of a violation of this section. Any person who kills or wounds
any deer with any firearm or other weapon by the aid or use of any artificial light during
the period from one-half hour after sunset to sunrise shall be subject to the provisions
of this section. Any person who violates any provision of this section shall be fined not
less than two hundred dollars nor more than five hundred dollars or be imprisoned not
less than thirty days nor more than six months or be both fined and imprisoned, for the
first offense, and for each subsequent offense shall be fined not less than two hundred
dollars nor more than one thousand dollars or imprisoned not more than one year, or be
both fined and imprisoned. Any firearm, shell, cartridge and any other weapon and
portable lights, batteries and any other device used, or intended to be used by, and found
by the trial court to have been in the possession of, any person charged with a violation
of any provision of this section, when such person is convicted, or upon the forfeiture
of any bond taken upon any such complaint, shall be ordered by the trial court to be
forfeited to the state and all such articles shall, by order of said court, be turned over to
the commissioner and may be retained for use by the department or assigned by the
commissioner to any other state agency, may be sold at public auction by the Commissioner of Administrative Services at the request of the commissioner or may be destroyed
at the discretion of the commissioner. The proceeds of any such sale shall be paid to
the State Treasurer and by him credited to the General Fund. If a motor vehicle is used
to transport such person to or toward or away from the place where the illegal act was
committed, the operator's license of such person or, if he has no such license, the privilege to obtain such license shall be suspended by the Commissioner of Motor Vehicles
for a period of one year from the date of such conviction or forfeiture of such bond.
Said commissioner, after a hearing is held thereon, may issue to such person a restricted,
limited operator's license if such license is required by such person to earn a livelihood.
Said commissioner shall suspend such license for the remainder of the original suspension period if such restricted license is used for purposes other than those determined
by said commissioner.
(1949 Rev., S. 4902; 1949, 1951, 1953, 1955, S. 2496d; 1959, P.A. 398, S. 14; 1971, P.A. 872, S. 275; P.A. 77-614,
S. 135, 610.)
History: 1959 act provided that proceeds from sale of forfeited articles be deposited in general fund rather than game
fund; 1971 act replaced references to board of fisheries and game and its director with references to commissioner and
department of environmental protection; P.A. 77-614 replaced director of purchases of the department of finance and
control with commissioner of administrative services.