41-23-18. Criminal trespass--Exceptions.
Any person who enters or remains upon private property or waters overlying private property in violation of this chapter is guilty of a criminal trespass in accordance with the applicable provisions of chapters 41-9 and 22-35, except for unarmed retrieval of lawfully taken small game as authorized in §41-9-8 and subject to any affirmative defense set forth in §22-35-7. However, any contact between recreational equipment and private property underlying any nonmeandered lake incidental to a lawful recreational use is not a criminal trespass.
Source: SL 2017 (SS), ch 1, §18, eff. June 12, 2017.
Structure South Dakota Codified Laws
Title 41 - Game, Fish, Parks and Forestry
Chapter 23 - Recreational Use Of Nonmeandered Waters
Section 41-23-1 - Legislative findings.
Section 41-23-2 - Definitions.
Section 41-23-3 - Agreements for recreational use of nonmeandered lakes.
Section 41-23-4 - Permission to use portion of nonmeandered lake.
Section 41-23-6 - Financial compensation for permission to fish prohibited--Misdemeanor.
Section 41-23-7 - Certain nonmeandered lakes declared open for recreational use.
Section 41-23-8 - List of nonmeandered lakes open for recreational use.
Section 41-23-9 - Petition to restrict recreational use of listed nonmeandered lake.
Section 41-23-10 - Maximum term of lease or license.
Section 41-23-11 - Limitation of liability of owner of property under lakes.
Section 41-23-12 - Promulgation of rules regarding marker standards.
Section 41-23-13 - Notification to department of restricted areas--Publication by department.
Section 41-23-14 - Right of ingress or egress on private property not created.
Section 41-23-16 - Petition to open portion of marked nonmeandered lake for transportation.
Section 41-23-17 - Restrictions on portion of nonmeandered lake opened for transportation.
Section 41-23-18 - Criminal trespass--Exceptions.
Section 41-23-19 - Report to Executive Board of Legislative Research Council--Hearings.