South Dakota § 40-38-3 Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions.

South Dakota Statutes

§ 40-38-3 — Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions.

South Dakota § 40-38-3

Title 40ANIMALS AND LIVESTOCK

Ch. 40-37PROTECTION OF ANIMAL FACILITIES

This text of South Dakota § 40-38-3 (Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions.) 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 § 40-38-3 (2026).

Text

No person may, without consent, and with the intent to obstruct the enterprise conducted at an agricultural production facility, enter or remain on the agricultural production facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. Notice includes communication by the owner or any person with apparent authority to act for the owner, fencing, other enclosures designed to exclude trespassers or to contain animals, or a sign posted on the property or at the entrance to the agricultural production facility indicating that entry is forbidden. This section does not apply to lawful activities of a governmental agency or emergency service carrying out its duties under law.

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No person may, without consent, and with the intent to obstruct the enterprise conducted at an agricultural production facility, enter or remain on the agricultural production facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. Notice includes communication by the owner or any person with apparent authority to act for the owner, fencing, other enclosures designed to exclude trespassers or to contain animals, or a sign posted on the property or at the entrance to the agricultural production facility indicating that entry is forbidden. This section does not apply to lawful activities of a governmental agency or emergency service carrying out its duties under law.