22-35-5. Criminal trespass–Violation as misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor. Source: SL 1976, ch 158, §35-1; […]
22-35-6. Entering or refusing to leave property after notice–Misdemeanor. 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 […]
22-35-7. Affirmative defenses to unlawful occupancy. It is an affirmative defense to prosecution under §22-35-5 or 22-35-6 that: (1)The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or (2)The person reasonably believed […]
22-35-8. Defiance of emergency management order restricting area–Misdemeanor. If a person defies an order issued pursuant to chapter 34-48A not to enter an area defined in that chapter and a notice not to enter is posted, the person is guilty of criminal trespass. A violation of this section is a Class 1 misdemeanor. Source: SL […]
