(2) Subsection (1) of this section does not apply to a person who casts artificial light upon a game mammal, predatory animal or livestock:
(a) From the headlights of a motor vehicle that is being operated on a road in the usual manner, if that person makes no attempt to kill the game mammal or livestock; or
(b) When the weapon that person has in the possession or immediate physical presence of the person is disassembled or stored, or in the trunk or storage compartment of a motor vehicle; or
(c) On land owned or lawfully occupied by that person; or
(d) On publicly owned land when that person has an agreement with the public body to use that property.
(3) As used in this section, "predatory animal" has the meaning for that term provided in ORS 610.002. [1973 c.542 §2; 1975 c.791 §2]