South Dakota Statutes

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

South Dakota·Title 22 CRIMES·Ch. 22-33 CRIMINAL TRESPASS

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.

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Related

Benson v. State
2006 SD 8 (South Dakota Supreme Court, 2006)
42 case citations
Young v. Harrison
284 F.3d 863 (Eighth Circuit, 2002)
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Christensen v. Quinn
45 F. Supp. 3d 1043 (D. South Dakota, 2014)
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State v. Bowers
498 N.W.2d 202 (South Dakota Supreme Court, 1993)
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Steve W. Young v. Anthony Harrison
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Gomez v. Officer Reiter
(D. South Dakota, 2023)

Legislative History

SL 1976, ch 158, §

Nearby Sections

15
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