Manchester, TN asked in Uncategorized for Tennessee

Q: What is the penalty for spotlighting deer in Tennessee. I'm not a hunter, was not in possession of or own firearms

I have battled cancer for years and have been left, disabled, and financially devastated. I am trying to find ways to restart my life. I have always been interested in astronomy and was merely trying to get the best shot of the night sky. I have no idea if there were deer in the field I was passing. I had night binoculars/camera that were inadvertently pointing out across the field as I was trying to look up and find the light in the sky I had been following. I don't hunt, don't own guns and had no gun in my possession. The binoculars were confiscated. There are 90 videos on the camera. At least 85 of those videos are of the moon, stars, and planets or of the night sky. There is however a couple of videos that are of wildlife. Those videos were of wildlife that crossed the road in front of me or were very close to the road. There is nothing that shows any real intent to spotlight deer. Still I know how this will play and just want to know what they are going to do.

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Most game law violations are Misdemeanors. But you need to hire a competent attorney to prepare for a rigorous Preliminary Hearing. Upon Dismissal, a § 1983 Suit might be filed in Federal Court, but it will be a Governmental Tort Liability Act Suit. Most Game Wardens are much more knowledgeable than this. Hopefully you did not trespass.

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