Originally Posted by
Oldtimr
No Boca, I wasn't loking for a fight, I made a simple statement and someone cames along and says it is absolutely wrong, it was not, then you came along and say it doesn't matter because of mens rea, that is not true. If you read the law I posted it says exactly what I said, it is unlawful to intentionally shine a light on big game while in possession, not to accidentally do it, the first time was accidental, the 2nd time intentional. And these things are prosecuted in PA if seen. I made the statement so people know it and don't find themselves in trouble and I won't be told I am wrong if I am not, hence the argument.
I clearly stated it was illegal(I've said that a few times now). Mens rea speaks on the intent of the crime. As an officer you are, or at least should be, capable at looking at intent and acting accordingly. As an officer, if I saw this happen, it gives me an opportunity to stop and speak with the individual and check things over. Me personally, if I find no other violation, then I say "Just so you know shining a deer like that is illegal, here's why, now you know. Have a nice day, and good luck."
Neither of us need lectured on these things, we both know them. My point is this. You're in an internet forum. You're at home on your computer. You are typically the first to jump all over someone calling them illegal. Including times when nothing was illegal (I believe we've had this conversation previously as well) because you assumed something. Sit back, relax, enjoy the forum, and give hunting advice because I know you've got allot of it to give.
And you're correct your first statement was just making it known that the action could potentially be a violation depending on what state you're in and somebody wrongfully said it wasn't. I see that you were just defending your correct statement. But again, internet forum, we're not in the field here.
-Jake