§ 18-11-403 — Unlawful entry upon land - Penalty

(a) (1) No person shall enter for recreational purposes upon real property posted pursuant to this subchapter without written permission of the owner or lessee of the real property. (2) It shall be unlawful for any person to enter upon any real property posted under the provisions of this subchapter without the written consent of the owner or lessee of the real property. (3) (A) If land posted pursuant to this subchapter becomes flooded above the ordinary high watermark but the signs or paint marks are still visible, it is unlawful for any person to enter within the boundaries of the posted area without the written consent of the owner or lessee of the real property. (B) For purposes of subdivision (a)(3)(A) of this section, "ordinary high watermark" means the line delimiting the bed of a stream from its bank, i.e., that line at which the presence of water is continued for such length of time as to mark upon the soil and vegetation a distinct character. (4) However, it shall be an affirmative defense to prosecution under this subchapter that: (A) Consent was given by a person holding himself or herself out to be the owner, lessee, or agent of the owner or lessee of the property; (B) The person was a guest or invitee; (C) The person was required to enter upon the premises for business reasons or for health or safety reasons; or (D) The person was authorized by law to enter upon land. (b) This section shall not apply to a law enforcement officer in the line of duty. (c) Any person who knowingly enters the real property without written consent shall be guilty of a Class B misdemeanor.

Legislative History

Acts 1989, No. 35, §§ 2, 6; 1997, No. 806, § 1; 1999, No. 1029, § 8.