South Dakota § 22-35-6 - Entering or refusing to leave property after notice--Misdemeanor.
Full text of South Dakota South Dakota Codified Laws § 22-35-6 — Entering or refusing to leave property after notice--Misdemeanor., with citation guidance and answers to common questions.
§ 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 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.
Source: SL 1976, ch 158, § 35-2; SL 1977, ch 189, § 71; SL 2005, ch 120, § 290.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 22-35-6
What does South Dakota Codified Laws § 22-35-6 cover?
Section 22-35-6 ("Entering or refusing to leave property after notice--Misdemeanor.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 22-35-6?
A common citation format is "South Dakota Codified Laws § 22-35-6" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 22-35-6 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.