2020 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 2 - Hunting and Fishing Regulations
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.