NC General Statutes

N.C. Gen. Stat. § 113-302 (2026)

Prima facie evidence provisions

✓ laws through the 2026 session (checked Oct. 2026)
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(a) Except as provided below, possession of game or game fish in any hotel, restaurant, cafe, market, or store, or by any produce dealer, constitutes prima facie evidence of possession for the purpose of sale. This subsection does not apply to:

(1) Possession of propagated game birds or hatchery-reared trout that is in accordance with licensing requirements and wrapping or tagging provisions that may apply; or

(2) Game or game fish brought in by patrons in accordance with G.S. 113-276(i).

(b) The flashing or display of any artificial light between a half hour after sunset and a half hour before sunrise in any area which is frequented or inhabited by wild deer by any person who has accessible to him a firearm, crossbow, or other bow and arrow constitutes prima facie evidence of taking deer with the aid of an artificial light. This subsection does not apply to the headlights of any vehicle driven normally along any highway or other public or private roadway. (1965, c. 957, s. 2; 1979, c. 830, s. 1.)

 

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: State v. Emigh, 808 S.E.2d 788 (N.C. Ct. App. 2017).
State v. Emigh, 808 S.E.2d 788 (N.C. Ct. App. 2017). · cites it 9× “§ 113-302 (b) sets forth the specific offense for which Defendant was charged and the significance of certain evidence related to the offense: The flashing or display of any artificial light between a half hour after sunset and a half hour before sunrise in any area which is…”
N.C. Gen. Stat. § 113-302(b): 1 case
State v. Emigh, 808 S.E.2d 788 (N.C. Ct. App. 2017). “§ 113-302 (b) sets forth the specific offense for which Defendant was charged and the significance of certain evidence related to the offense: The flashing or display of any artificial light between a half hour after sunset and a half hour before sunrise in any area which is…”
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