Trespass
SDCL § 22-35-6 — notice by word, by posting or by a fence, and defying an order to leave
- Actual communication to the person.
- Posting likely to come to the attention of trespassers.
- A fence or enclosure a reasonable person would recognize as meant to keep trespassers out.
Entering or remaining in a place where notice was given one of those ways, knowing there is no privilege to do so, is a Class 2 misdemeanor.
Defying an order to leave. A trespasser who defies an order to leave given in person by the owner or another authorized person is guilty of criminal trespass, a Class 1 misdemeanor. So is entering or remaining in a building surreptitiously, knowing there is no privilege to.
A tenant in possession is not a trespasser, whatever a landlord says. A particular situation is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 22-35-5 — Criminal trespass; Violation as misdemeanor
- SDCL § 22-35-6 — Entering or refusing to leave property after notice; Misdemeanor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.