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.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 22-35-5

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1976, ch 158, § 35-1; SL 1984, ch 170, § 2; SL 2005, ch 120, § 289; SL 2020, ch 79, § 2.