Tennessee § 70-4-110 - Spotlighting deer — Penalty.

§ 70-4-110. Spotlighting deer — Penalty.

It is unlawful for any person, or one (1) or more of a group of persons together, to willfully throw or cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light from any motor vehicle or vessel or with the aid of any motor vehicle or vessel, on or from any highway, or in any field, woodland, or forest, or the waters of the state, in an apparent attempt or intent to locate deer by the use of such light, unless such person or persons direct such light onto property owned by such person or one of the persons involved, or such person or group of persons has written permission from the landowner to willfully throw or cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light onto the property of the landowner. Such written permission must be in immediate possession at all times and the individual shall display same upon demand of law enforcement. Notwithstanding subdivision (a)(1), it is unlawful to willfully throw or cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light from any motor vehicle or vessel or with the aid of any motor vehicle or vessel, at any time from or on any public roadway. The operator of any motor vehicle or vessel from which the rays of an artificial light have been cast as outlined in subsection (a) shall immediately stop such vehicle or vessel upon the direction of any enforcement officer of the wildlife resources agency. A violation of this section is a Class B misdemeanor. In the prosecution of second or subsequent offenders, the indictment or presentment must allege the prior conviction for violating any of the provisions of this section, setting forth the time and place of each such prior conviction. The court shall prohibit such convicted person, either first or subsequent offenders, from hunting, fishing or trapping in this state for a period of one (1) year. Acts 1951, ch. 115, § 47 (Williams, § 5178.76); Acts 1961, ch. 198, § 3; 1967, ch. 278, §§ 1, 2; 1974, ch. 481, § 21; 1974, ch. 498, § 1; 1974, ch. 499, § 1; 1974, ch. 703, § 1; 1976, ch. 456, §§ 1, 2; 1976, ch. 620, § 1; 1976, ch. 667, § 1; 1976, ch. 681, § 1; 1982, ch. 701, §§ 1-6; T.C.A. (orig. ed.), §§ 51-417, 51-429; Acts 1983, ch. 385, § 3; 1989, ch. 591, § 113; 1990, ch. 981, § 3; 2011, ch. 191, § 1. Compiler's Notes. The penalty provided in this section was changed to a Class C misdemeanor by Acts 1989, ch. 591, § 113. However, Acts 1990, ch. 981 provided that notwithstanding the provisions of ch. 591, § 113, a violation of this section is a Class B misdemeanor. Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13. Penalty for Class B misdemeanor, § 40-35-111 .