South Dakota § 40-38-3 - Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions.
Full text of South Dakota South Dakota Codified Laws § 40-38-3 — Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions., with citation guidance and answers to common questions.
§ 40-38-3. Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions.
No person may, without consent, and with the intent to obstruct the enterprise conducted at an agricultural production facility, enter or remain on the agricultural production facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. Notice includes communication by the owner or any person with apparent authority to act for the owner, fencing, other enclosures designed to exclude trespassers or to contain animals, or a sign posted on the property or at the entrance to the agricultural production facility indicating that entry is forbidden. This section does not apply to lawful activities of a governmental agency or emergency service carrying out its duties under law.
Source: SL 1992, ch 291, § 3; SL 2025, ch 173, § 4.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 40-38-3
What does South Dakota Codified Laws § 40-38-3 cover?
Section 40-38-3 ("Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions.") 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 § 40-38-3?
A common citation format is "South Dakota Codified Laws § 40-38-3" (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 § 40-38-3 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.