§ 29.1-525 Employment of lights under certain circumstances upon places used by deer
A. Any person in any vehicle and then in possession of any firearm, crossbow, slingbow, arrowgun, bow and arrow, or speargun who employs a light attached to the vehicle or a spotlight or flashlight to cast a light beyond the water or surface of the roadway 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 a principal in the second degree and subject to the same punishment as a principal in the first degree. This subsection shall not apply to a landowner in possession of a weapon when he is on his own land and is making a bona fide effort to protect his property from damage by deer and not for the purpose of killing deer unless the landowner is in possession of a permit to do so pursuant to the provisions of § 29.1-529.
B. Any person in any motor vehicle who deliberately employs a light attached to such vehicle or a spotlight or flashlight to cast a light beyond the surface of the roadway upon any place used by deer, except upon his own land or 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 such vehicle shall be deemed prima facie a principal in the second degree and subject to the same punishment as a principal in the first degree.
C. The provisions of subsections A and B shall not apply to activities conducted by a locality pursuant to a permit or written authorization issued by the Department.
D. In addition to the penalties prescribed in subsection A, the court shall revoke the current hunting license and privileges of the person convicted of a violation of subsection A and prohibit the person from hunting for a period of one to five years. In addition to the penalties prescribed in subsection B, the court may revoke the current hunting license and privileges of the person convicted of a violation of subsection B and prohibit that person from hunting for one to five years. If a person convicted of a violation of subsection A or B is found hunting during the prohibited period, the person shall be guilty of a Class 2 misdemeanor. Notification of such revocation or prohibition shall be forwarded to the Department pursuant to subsections C and D of § 18.2-56.1.
History
This law was first created in 1962. The record of its establishment is cataloged in chapter 520 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1962 “Acts” aren’t available online. It has been modified 12 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 369; in 1974, chapter 101; in 1980, chapters 602 and 607; in 1981, chapter 60; in 1987, chapter 488; in 1988, chapter 450; in 1994, chapter 113; in 2002, chapter 157; in 2010, chapter 183; in 2014, chapter 126; in 2017, chapter 530; in 2018, chapters 557 and 558.
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; 2014, c. 126; 2017, c. 530; 2018, cc. 557, 558.