29.1-523 - Killing deer by use of certain lights; acts raising presumption of attempt to kill.

§ 29.1-523. Killing deer by use of certain lights; acts raising presumptionof attempt to kill.

Any person who kills or attempts to kill any deer between a half hour aftersunset and a half hour before sunrise by use of a light attached to anyvehicle or a spotlight or flashlight shall be guilty of a Class 2misdemeanor. The flashing of a light attached to any vehicle or a spotlightor flashlight from any vehicle between a half hour after sunset and half hourbefore sunrise by any person or persons, then in possession of a firearm,crossbow, or bow and arrow or speargun, without good cause, shall raise apresumption of an attempt to kill deer in violation of this section. Everyperson in or on any such vehicle shall be deemed a principal in the seconddegree and subject to the same punishment as a principal in the first degree.Every person who, in any manner, aids, abets or acts in concert with anyperson or persons violating this section shall be deemed a principal in thesecond degree and subject to the same punishment as a principal in the firstdegree.

In addition to the penalty prescribed herein, the court shall revoke thecurrent hunting license and privileges of the person convicted of violatingthis section and prohibit that person from hunting for a period of one tofive years. If found hunting during this prohibited period, the person shallbe 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.

This section shall not apply to persons duly authorized to kill deeraccording to the provisions of § 29.1-529.

(1962, c. 520, § 29-144.2; 1970, c. 79; 1973, c. 369; 1980, cc. 602, 607, §29-144.4:1; 1987, c. 488; 1994, c. 113; 2002, c. 157; 2010, c. 183.)