South Dakota criminal charge
Entering or refusing to leave property after notice in South Dakota
Entering or refusing to leave property after notice is a criminal offense under South Dakota law, defined by SDCL § 22-35-6. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 22-35-6.
What is the penalty for entering or refusing to leave property after notice in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 days (Trespass after notice (entering or remaining) — A person who knowingly enters or remains in a place where trespass notice was given by actual communication, posting, or fencing/enclosure is guilty of a Class 2 misdemeanor.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Trespass after notice (entering or remaining) — A person who knowingly enters or remains in a place where trespass notice was given by actual communication, posting, or fencing/enclosure is guilty of a Class 2 misdemeanor.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 1 year (Criminal trespass — defying order to leave — If the trespasser defies an order to leave personally communicated by the owner or authorized person, the offense becomes criminal trespass, a Class 1 misdemeanor.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Criminal trespass — defying order to leave — If the trespasser defies an order to leave personally communicated by the owner or authorized person, the offense becomes criminal trespass, a Class 1 misdemeanor.) | discretionary | SDCL § 22-6-2 |
Applies to current.
How is entering or refusing to leave property after notice classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trespass after notice (entering or remaining) | Class 2 Misdemeanor | A person who knowingly enters or remains in a place where trespass notice was given by actual communication, posting, or fencing/enclosure is guilty of a Class 2 misdemeanor. | SDCL § 22-35-6undefined |
| Criminal trespass — defying order to leave | Class 1 Misdemeanor | If the trespasser defies an order to leave personally communicated by the owner or authorized person, the offense becomes criminal trespass, a Class 1 misdemeanor. | SDCL § 22-35-6undefined |
Common questions about entering or refusing to leave property after notice in South Dakota
Is entering or refusing to leave property after notice a felony or a misdemeanor in South Dakota?
It depends on the circumstances: entering or refusing to leave property after notice ranges from a Class 2 Misdemeanor to a Class 1 Misdemeanor in South Dakota under SDCL § 22-35-6.
Trespass after notice (entering or remaining): Class 2 Misdemeanor (SDCL § 22-35-6) · Criminal trespass — defying order to leave: Class 1 Misdemeanor (SDCL § 22-35-6)
What are the penalties for entering or refusing to leave property after notice in South Dakota?
Penalties for entering or refusing to leave property after notice in South Dakota depend on how it is classified — from a Class 2 Misdemeanor up to a Class 1 Misdemeanor — with the ranges set by SDCL § 22-6-2; the full table of ranges by variant is published on this page.
Which South Dakota statute covers entering or refusing to leave property after notice?
Entering or refusing to leave property after notice is governed by SDCL § 22-35-6 (Entering or refusing to leave property after notice--Misdemeanor).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.