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South Dakota statute

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

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 35: Criminal Trespass, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-35-6

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-35-6Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
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.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.