New Mexico Statutes
Part 1 - GENERAL PROVISIONS
Section 17-2-31 - Use of artificial light while hunting prohibited.

It is unlawful for a person or a group of persons together in possession or control of a firearm or other implement to throw or cast the rays of a spotlight or other artificial light into any field, pasture, woodland, forest or prairie where big game or domestic livestock may be, or are reasonably expected to be, whereby any big game animal or domestic animal could be killed by aid of an artificial light. However, the following shall be exempt from the provisions of this section:
A. an officer authorized to enforce the game and livestock laws of the state;
B. a government employee acting in an official capacity;
C. a landowner or lessee or employee of such landowner or lessee, while on the land owned or leased in connection with legitimate activities; or
D. a person who has received a permit or authorization from the department of game and fish to conduct such activities.
History: 1941 Comp., § 43-235; Laws 1951, ch. 171, § 1; 1953 Comp., § 53-2-37; 2007, ch. 155, § 1.
Cross references. — For penalty for violation of this section, see 17-2-10 NMSA 1978.
The 2007 amendment, effective June 15, 2007, added the exemptions in Subsections B and D.
Section is not void for uncertainty. State v. Barber, 91 N.M. 764, 581 P.2nd 27 (Ct. App. 1978).
Absence of criminal intent element does not violate due process. — Given the public interest concerned and the difficulties involved in the protection of big game animals and livestock, together with the apparent general public attitude, it appears that the legislature intended to eliminate the element of criminal intent in hunting by means of artificial light so that it is the doing on the act alone which is prohibited, and this does not violate due process. State v. Barber, 1978-NMCA-059, 91 N.M. 764, 581 P.2d 27.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 17 - Game and Fish and Outdoor Recreation

Article 2 - Hunting and Fishing Regulations

Part 1 - GENERAL PROVISIONS

Section 17-2-1 - Commission powers.

Section 17-2-2 - Game to be protected.

Section 17-2-2.1 - Artificial wildlife.

Section 17-2-3 - Protected wildlife species and game fish defined.

Section 17-2-4 - Repealed.

Section 17-2-4.1 - Jaguar to be protected.

Section 17-2-4.2 - Amphibians and reptiles; protected; permits; unlawful taking; misdemeanor; penalties.

Section 17-2-5 - Adoption of regulations; effective date.

Section 17-2-6 - Game and fish management areas; closed lakes or streams; notice.

Section 17-2-7 - Unlawful hunting or fishing.

Section 17-2-7.1 - Interference prohibited; criminal penalties; civil penalties; revocation of license, certificate or permit.

Section 17-2-7.2 - Landowner taking; conditions; department responsibilities.

Section 17-2-8 - Unlawful taking of big game and waste of game.

Section 17-2-9 - Jurisdiction of magistrate court.

Section 17-2-10 - Violation of game and fish laws or rules; penalties.

Section 17-2-10.1 - Game and fish penalty assessment misdemeanors; definition; schedule of assessments.

Section 17-2-10.2 - Game and fish penalty assessment; payment.

Section 17-2-10.3 - Game and fish penalty assessment; license revocation.

Section 17-2-10.4 - Game and fish penalty assessment revenue; disposition.

Section 17-2-11 - [Witness testifying for state; evidence not to be used against him.]

Section 17-2-12 - Refuges; firearms on; prohibited; exceptions.

Section 17-2-13 - Songbirds; trapping, killing or injuring prohibited.

Section 17-2-14 - Hawks, vultures and owls; taking, possessing, trapping, destroying, maiming or selling prohibited; exception by permit; penalty.

Section 17-2-15 - [Horned toads; killing, selling or shipping from state unlawful.]

Section 17-2-16 - Repealed.

Section 17-2-17 - [Storage of game or fish.]

Section 17-2-18 - [Menu as evidence of possession of game or fish.]

Section 17-2-19 - Enforcement of game laws; powers of conservation officers.

Section 17-2-20 - [Seizure of devices used for violating law; nuisance; destruction; firearms excepted.]

Section 17-2-20.1 - Seizure and forfeiture; property subject.

Section 17-2-20.2 - Repealed.

Section 17-2-20.3 - Penalties.

Section 17-2-21 - [Sale or disposition of game or fish after seizure; invoice furnished purchaser or donee; disposition of proceeds of sale.]

Section 17-2-22 - Sale of evidence in cases of appeal.

Section 17-2-23 - [Reports of seizures and sales.]

Section 17-2-24 - [Officer's right to use animal or vehicle transporting seized game or fish; public conveyances excepted.]

Section 17-2-25 - [Game or fish in possession of passenger; carrier exempt from liability; seizure.]

Section 17-2-26 - Civil liability.

Section 17-2-27 - [District attorneys to prosecute and defend actions under fish and game laws.]

Section 17-2-28 - [Indians hunting off reservations; hunting on reservations; application of laws.]

Section 17-2-29 - [Hunting and boating while intoxicated or under the influence of narcotic drugs prohibited.]

Section 17-2-30 - [Person convicted of hunting or boating while intoxicated or under influence of narcotic drugs; revocation and withholding of hunting and fishing license privileges.]

Section 17-2-31 - Use of artificial light while hunting prohibited.

Section 17-2-32 - Diseased rabbits; hunting and trapping.