South Dakota § 22-35-6 Entering or refusing to leave property after notice--Misdemeanor.

South Dakota Statutes

§ 22-35-6 — Entering or refusing to leave property after notice--Misdemeanor.

South Dakota § 22-35-6

Title 22CRIMES

Ch. 22-33CRIMINAL TRESPASS

This text of South Dakota § 22-35-6 (Entering or refusing to leave property after notice--Misdemeanor.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 22-35-6 (2026).

Text

Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:

(1)Actual communication to the person who subsequently commits the trespass;

(2)Posting in a manner reasonably likely to come to the attention of trespassers; or (3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers; is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.

Free access — add to your briefcase to read the full text and ask questions with AI

Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by: (1) Actual communication to the person who subsequently commits the trespass; (2) Posting in a manner reasonably likely to come to the attention of trespassers; or (3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers; is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.