A person commits the offense of criminal trespass or criminal trespassing by entering or remaining on the property of another—including residential land, agricultural land, recreational land (such as a vehicle park), a building, an aircraft, or an automobile—without consent and if the person (1) had notice that the entry was forbidden, or (2) received notice to depart, but failed to do so.
The definitions and penalties for criminal trespassing vary from state to state and are usually located in a state’s penal or criminal code (statutes).
In South Dakota, criminal trespass is defined under SDCL 22-35-6. A person is guilty of criminal trespass if they enter or remain on property without consent and have been given notice that entry is forbidden or have been asked to leave but refuse to do so. This includes residential, agricultural, and recreational land, as well as buildings, aircraft, or automobiles. The notice can be given in various forms, including verbal communication, posted signs, or fencing designed to exclude intruders. Penalties for criminal trespass in South Dakota vary depending on the circumstances and the type of property involved. They can range from a Class 1 misdemeanor for simple trespass to a Class 6 felony for trespassing in a dwelling or certain enclosed places. The specific penalty often depends on the intent of the trespasser and whether any damage was caused during the trespass.