1. (A) Night hunting in this State is unlawful except that:

   1. (1) raccoons, opossums, foxes, coyotes, mink, and skunk may be hunted at night; however, they may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a number four, or any rifle ammunition larger than a twenty-two rimfire; and
   2. (2) hogs may be hunted at night with an artificial light that is carried on the hunter's person attached to a helmet or hat, or part of a belt system worn by the hunter and with a sidearm that has iron sites, and barrel length not exceeding nine inches. The sidearm may not be equipped with a butt-stock, scope, laser site, or light emitting or light enhancing device. However, hogs may not be hunted at night from a vehicle, or with a centerfire rifle or shotgun, unless specifically permitted by the department. A person that violates this item is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
   3. (3) coyotes and armadillos may be hunted at night with an artificial light that is carried on the hunter's person attached to a helmet or hat, or part of a belt system worn by the hunter. Coyotes and armadillos may be hunted with a rifle or sidearm no larger than .22 caliber rimfire, a shotgun with a shot size no larger than a BB, or a sidearm of any caliber that has iron sites and a barrel length not exceeding nine inches. Any weapon used to hunt coyotes or armadillos may not be equipped with a butt-stock, scope, laser site, or light emitting or light enhancing device. It is unlawful to have in one's possession any shot size larger than a BB while legally hunting coyotes and armadillos at night with a shotgun, and coyotes and armadillos may not be hunted at night from a vehicle, unless specifically permitted by the department. A person who violates this item is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
2. (B) For the purposes of this section, "night" means that period of time between one hour after official sundown of a day and one hour before official sunrise of the following day.
3. (C) Any person violating the provisions of this section, upon conviction, must be fined for the first offense not more than one thousand dollars, or be imprisoned for not more than one year, or both; for the second offense within two years from the date of conviction for the first offense, not more than two thousand dollars nor less than four hundred dollars, or be imprisoned for not more than one year nor for less than ninety days, or both; for a third or subsequent offense within two years of the date of conviction for the last previous offense, not more than three thousand dollars nor less than five hundred dollars, or be imprisoned for not more than one year nor for less than one hundred twenty days, or both. Any person convicted under this section after more than two years have elapsed since his last conviction must be sentenced as for a first offense.
4. (D) In addition to any other penalty, any person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense shall have his privilege to hunt in this State suspended for a period of two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid. The penalty for hunting in this State during the period of suspension, upon conviction, must be imprisonment for not more than one year nor less than ninety days.
5. (E) The provisions of this section may not be construed to prevent any owner of property from protecting the property from destruction by wild game as provided by law.
6. (F) It is unlawful for a person to use artificial lights at night, except vehicle headlights while traveling in a normal manner on a public road or highway, while in possession of or with immediate access to both ammunition of a type prohibited for use at night by the first paragraph of this section and a weapon capable of firing the ammunition. A violation of this paragraph is punishable as provided by Section 50-11-720.

HISTORY: [Derived from former Section 50-11-20 (1962 Code Section 28-302; 1952 CodeSection 28-302; 1942 Code Section 1785; 1932 Code Section 1754; Cr. C. '22 Section 737; 1919 (31) 269; 1920 (31) 732; 1930 (36) 1395; 1937 (40) 85; 1943 (43) 191; 1952 (47) 2179; 1973 (58) 641; 1984 Act No. 328, Section 1; 1988 Act No. 526, Section 1)]; 1988 Act No. 561, Section 1; 1993 Act No. 181, Section 1262; 2003 Act No. 23, Section 2; 2010 Act No. 211, Section 2, eff upon approval (became law without the Governor's signature on June 8, 2010); 2010 Act No. 243, Section 1, eff June 11, 2010.