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

All points well taken. Here in Vt there is no spotlighting at any time whether a weapon is on the scene or not. Most of our wardens will write up someone who is shining for the purpose of spotting wildlife. Good post Jake and thanks for OT's bringing the law into the discussion. No need to argue since the law is pretty clear.

Well ... kicked up quiet a stir! I had no intention of doing so. Just intended to relate what I thought was some unusual activity. Why he did not spook?

And yep, even though the deer was already "lit up" unintentionally with a low intensity light beam, I never thought about that using a bit stronger , though mini flash light, to see what it was would converting to "intentional". Good critique. I'll be more careful in the future.

Mojo, I've been up close and personal to deer in the dark plenty of times, I think they just seem more secure then...

Many times, I've had deer around my stand when I wanted to climb down but didn't want to spook them so I would stay up until an hour or two after sundown...It was amazing how much more vocal they were too, after dark... :)

I can see why the early settlers used a canoe and torch to kill game, it would be pretty efficient...

This makes me wonder how Wisconsin, can allow night hunting for deer. Wisconsin just passed it for tribal members, starting NOV. 1 this year. I have heard that Minnesota and possibly two others have similar laws. But I don't recall which ones they were.

http://www.jsonline.com/blogs/sports/332594042.html

Wow, thanks for the article sconnyhunter, i heard rumors about the Chippewa deer night hunt but didn't know it all ready began. It sounds like a dangerous and unethical federal ruling to me.

Your Welcome.

It is dangerous. :fighting0007:
Of the five caveats that the DNR asked for. Only one was accepted by the court.
That of having an earthen back stop with 125 yrds of the shooter.
The other 4 items the DNR asked for were, as follows.
*prior notification of activities in a given area
*pre-scout an area in proximity to a hunting activity
* that night hunters be rewuired to use a spotter
*that tribal hunters start after the 9 day deer hunt.
The WON has an article as well in the Oct. 30 issue. Starting on the front page, and continuing later.

What this boils down to is special privileges for a special class of people.
I think its time to reconsider the treaties that were signed, and abolish them.

Back to the original question posted by Mojo. A couple of years ago I had a buck chasing a doe right past my stand. I called to him several times to try and get him to stop for a shot but he totally ignored me completely focused on following the doe. Finally found an opening and fired. He reared up on his hind legs ran about 30 yards and stopped trying to figure out where the doe had run off to. My second shot dropped him in his tracks. When I went up to him I only found the second shot. I back tracked to where he had been when I shot the first time and found a branch had deflected the bullet only showering him with bullet and wood fragments. Still, he was so focused on staying with the doe that he completely disregarded being shot at.

When the bucks are letting the little head do the thinking for the big head nothing else matters. I'd definitely go back to the spot and give it a shot just be very careful moving into your stand.