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.
South Dakota Legal Code