Section 41-8-17 - Night-vision equipment and artificial light in hunting prohibited--Exceptions--Night-vision equipment defined--Violation as misdemeanor.
41-8-17. Night-vision equipment and artificial light in hunting prohibited--Exceptions--Night-vision equipment defined--Violation as misdemeanor. During the time from sunset to sunrise, no person may use or possess night-vision equipment or throw or cast the rays of a spotlight, headlight, or other artificial light on any highway, or in any field, pasture, woodland, forest, or prairie, for the purpose of spotting, locating, or taking or attempting to take or hunt any animal while having in possession or control any firearm, bow or other implement whereby any game could be killed. However:
(1) A person may use a hand held light while on foot, to take raccoons after they have been treed by dogs;
(2) A landowner or occupant and one guest accompanied by the landowner or occupant may use an artificial light on the owner's or occupant's land, with a shotgun using shot shells only or a firearm using a .22 caliber rimfire cartridge, in the taking of jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, or rodents; and
(3) Any person employed by the Department of Game, Fish and Parks performing animal damage control may use night-vision equipment and artificial lights in the performance of the person's duty. In the taking of animals causing damage the employee shall obtain permission from the owner or lessee of such land.
For the purposes of this section, night-vision equipment is an optical device utilizing light amplifying circuits that are electrical or battery powered. The provisions of this section do not apply to a law enforcement officer in the performance of the officer's duty.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0702 as added by SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1977, ch 190, § 561; SL 1982, ch 289, § 1; SL 1985, ch 327; SL 1991, ch 337, § 47; SL 1991, ch 341; SL 2000, ch 208, § 1.