29.1-525 - Employment of lights under certain circumstances upon places used by deer.
§ 29.1-525. Employment of lights under certain circumstances upon places usedby deer.
A. Any person in any vehicle and then in possession of any firearm, crossbow,bow and arrow or speargun who employs a light attached to the vehicle or aspotlight or flashlight to cast a light beyond the water or surface of theroadway upon any place used by deer shall be guilty of a Class 2 misdemeanor.Every person in or on any such vehicle shall be deemed prima facie aprincipal in the second degree and subject to the same punishment as aprincipal in the first degree. This subsection shall not apply to a landownerin possession of a weapon when he is on his own land and is making a bonafide effort to protect his property from damage by deer and not for thepurpose of killing deer unless the landowner is in possession of a permit todo so pursuant to the provisions of § 29.1-529.
B. Any person in any motor vehicle who deliberately employs a light attachedto such vehicle or a spotlight or flashlight to cast a light beyond thesurface of the roadway upon any place used by deer, except upon his own landor upon land on which he has an easement or permission for such purpose,shall be guilty of a Class 4 misdemeanor. Every person in or on any suchvehicle shall be deemed prima facie a principal in the second degree andsubject to the same punishment as a principal in the first degree.
C. In addition to the penalties prescribed in subsection A, the court shallrevoke the current hunting license and privileges of the person convicted ofa violation of subsection A and prohibit the person from hunting for a periodof one to five years. In addition to the penalties prescribed in subsectionB, the court may revoke the current hunting license and privileges of theperson convicted of a violation of subsection B and prohibit that person fromhunting for one to five years. If a person convicted of a violation ofsubsection A or B is found hunting during the prohibited period, the personshall be guilty of a Class 2 misdemeanor. Notification of such revocation orprohibition shall be forwarded to the Department pursuant to subsections Cand D of § 18.2-56.1.
(1962, c. 520, § 29-144.4; 1973, c. 369; 1974, c. 101; 1980, cc. 602, 607, §29-144.4:1; 1981, c. 60; 1987, c. 488; 1988, c. 450; 1994, c. 113; 2002, c.157; 2010, c. 183.)