O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
It shall be unlawful to hunt at night any game bird or game animal in this state except for alligators, raccoons, opossums, foxes, and bobcats. Any light used to hunt raccoons, opossums, foxes, or bobcats shall be carried on the person of a hunter, affixed to a helmet or hat worn by a hunter, or be part of a belt system worn by a hunter.
History
(Ga. L. 1911, p. 137, § 17; Code 1933, § 45-322; Ga. L. 1949, p. 1005, § 1; Ga. L. 1952, p. 362, § 1; Ga. L. 1955, p. 483, § 67; Ga. L. 1962, p. 671, § 1; Ga. L. 1968, p. 497, § 19; Code 1933, § 45-502, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 40; Ga. L. 2003, p. 654, § 8; Ga. L. 2009, p. 48, § 1/SB 111.)
Annotations
JUDICIAL DECISIONS Hunting ‘‘wildlife’’ at night legal. - An accusation charging the defendant
with the ‘‘offense of misdemeanor hunting at night with aid of lights: for that the said
accused . . . did unlawfully hunt wildlife at night with aid of lights’’ was deficient, since one may admit hunting wildlife at night with aid of a light and still be innocent of any criminal activity. Manley v. State, 187 Ga. App. 773, 371 S.E.2d 438, cert. denied, 187 Ga. App. 908, 371 S.E.2d 438 (1988). Deer hunting at night. - Hunting deer at night with the aid of lights is a violation of O.C.G.A. § 27-3-2. Manley v. State, 187 Ga. App. 773, 371 S.E.2d 438, cert. denied, 187 Ga. App. 908, 371 S.E.2d 438 (1988).
Conviction for separate offenses. - Where defendants hunted from a motor vehicle on a public road at night using a light exceeding six volts, it was not error to convict them of the three separate crimes of hunting at night, hunting on a public road and hunting from a motor vehicle. Sanford v. State, 169 Ga. App. 769, 315 S.E.2d 281 (1984). Cited in Holzmeister v. State, 156 Ga. App. 94, 274 S.E.2d 109 (1980); State v. Towe, 246 Ga. App. 808, 541 S.E.2d 423 (2000).
OPINIONS OF THE ATTORNEY GENERAL Fingerprinting not required. - Offense arising from a violation of O.C.G.A. § 27-3-2 does not appear to be an offense
for which fingerprinting is required. 2010 Op. Att’y Gen. No. 10-6.
RESEARCH REFERENCES Am. Jur. 2d. - 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 52.
C.J.S. - 38 C.J.S., Game; Conservation and Preservation of Wildlife, §§ 55, 56.
Notes of Decisions
Cited in
6
cases, 1984–2000 · leading case:
Sanford v. State, 315 S.E.2d 281 (Ga. Ct. App. 1984).
Sanford v. State, 315 S.E.2d 281 (Ga. Ct. App. 1984).
· cites it 16× “Count III alleged that appellants had hunted game animals at night with a light exceeding six volts, in violation of OCGA § 27-3-2 (Code Ann § 45-502). The jury returned guilty verdicts as to all three counts.”
Manley v. State, 371 S.E.2d 438 (Ga. Ct. App. 1988).
· cites it 6× “Defendants Marvin Daniel Manley and Larry Daniel Manley appeal their convictions of the offenses of hunting at night (OCGA § 27-3-2), hunting from a motor vehicle (OCGA § 27-3-13) and hunting upon a public road (OCGA § 27-3-10).”
Shirley v. State, 334 S.E.2d 154 (Ga. 1985).
· cites it 4× “*724 Defendant was arrested by Department of Natural Resources conservation rangers who had observed a high-powered beam of light being directed from a vehicle proceeding along a public road onto a soybean field at approximately 4:30 a.”
State v. Towe, 541 S.E.2d 423 (Ga. Ct. App. 2000).
· cites it 2× “Believing he had probable cause that David Towe had violated OCGA § 27-3-2 (hunting game animals at night), a misdemeanor, Ranger Seitz presented the affidavit to a magistrate and, on December 10, 1998, obtained a search warrant for two described residences seeking .”
State v. Towe, 541 S.E.2d 423 (Ga. Ct. App. 2000).
· cites it 2× “Believing he had probable cause that David Towe had violated OCGA § 27-3-2 (hunting game animals at night), a misdemeanor, Ranger Seitz presented the affidavit to a magistrate and, on December 10, 1998, obtained a search warrant for two described residences seeking .”
Colonial Ins. v. Lumpkin, 428 S.E.2d 351 (Ga. Ct. App. 1993).
· cites it 2× “If Hiers was attempting to exit the vehicle to shoot a rabbit, he would have been exiting the vehicle for an illegal purpose since OCGA § 27-3-2 prohibits hunting at night any game bird or game animal in this state except for raccoons, opossums, foxes, and bobcats.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.