41-23-18. Criminal trespass--Exceptions.
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/sd/title-41/chapter-41-23/41-23-18A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.