South Dakota § 41-23-18 Criminal trespass--Exceptions.

South Dakota Statutes

§ 41-23-18 — Criminal trespass--Exceptions.

South Dakota § 41-23-18

Title 41GAME, FISH, PARKS AND FORESTRY

Ch. 41-23RECREATIONAL USE OF NONMEANDERED WATERS

This text of South Dakota § 41-23-18 (Criminal trespass--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 § 41-23-18 (2026).

Text

Any person who enters or remains upon private property or waters overlying private property in violation of this chapter is guilty of a criminal trespass in accordance with the applicable provisions of chapters 41-9 and 22-35 , except for unarmed retrieval of lawfully taken small game as authorized in § 41-9-8 and subject to any affirmative defense set forth in § 22-35-7 . However, any contact between recreational equipment and private property underlying any nonmeandered lake incidental to a lawful recreational use is not a criminal trespass.

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

Any person who enters or remains upon private property or waters overlying private property in violation of this chapter is guilty of a criminal trespass in accordance with the applicable provisions of chapters 41-9 and 22-35 , except for unarmed retrieval of lawfully taken small game as authorized in § 41-9-8 and subject to any affirmative defense set forth in § 22-35-7 . However, any contact between recreational equipment and private property underlying any nonmeandered lake incidental to a lawful recreational use is not a criminal trespass.