§9-11-235. Taking, etc., of protected birds or animals, raccoons or opossums at night; nighttime hunting of foxes with dogs.

It shall be unlawful, except as to trapping as otherwise provided by law, for a person to take, capture, or kill, or attempt to take, capture, or kill any bird or animal protected by the laws of this state between sunset and daylight of the following day, except that the Commissioner of Conservation and Natural Resources may by a duly promulgated regulation, allow the taking, catching, or killing of raccoons and opossums between sunset and daylight in any county or counties within the state. In any county where the taking, catching, or killing of raccoons and opossums is permitted during nighttime hours by regulations of the commissioner, the animals may only be legally taken with the use of a light and/or a shotgun using shot no larger than number eight, and the person or persons so hunting shall be accompanied by a dog or dogs and, if hunting on the lands of another, shall have the written permission of the landowner.

Any person violating this section shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be punished for the first offense by a fine of not less than two thousand dollars ($2,000) nor more than three thousand dollars ($3,000) and may be imprisoned in the county jail for a period not to exceed six months. In addition, the court shall revoke all hunting license privileges for a period of three years from the date of conviction.

No provision of this section shall be construed to prohibit the nighttime hunting of foxes with dogs.

(Acts 1935, No. 383, p. 813, §5; Code 1940, T. 8, §86; Acts 1949, No. 662, p. 1026, §1; Acts 1953, No. 767, p. 1028, §1; Acts 1982, No. 82-488, p. 811, §1; Acts 1995, No. 95-215, p. 252, §2; Act 2008-384, p. 714, §1.)