South Dakota State Trespassing Laws

Whether you own property or not, you need to know about your home state’s trespassing laws.

Only by understanding trespass laws will you know exactly where your rights start and stop when it comes to keeping unwanted visitors and intruders off of your land and away from your home.

If you do any sort of outdoor activity, from hunting to hiking or camping and even kayaking, knowing the letter of the law is critical to avoid accidentally trespassing on someone else’s property.

But, as you might imagine, trespassing laws in the United States vary from state to state.

They will be looking at South Dakota, which has brief, clear trespassing laws for the most part, but they are so brief they can sometimes be ambiguous.

Keep reading and we will tell you everything you need to know about the trespass laws in South Dakota.

South Dakota Trespassing Law Overview

• Trespassing in South Dakota is a misdemeanor.
• Serious trespassing charges generally require that the trespasser was specifically notified by the presence of fencing or posted signage, or else by being directly notified by the property owner.
• South Dakota has a detailed statute covering the use of aerial drones for surveillance or photography of persons. Violation is a misdemeanor.

What Constitutes Trespassing in South Dakota?

South Dakota has several statutes that codify various types of trespassing, but generally speaking the state defines trespass as entering or remaining upon the lands, premises, or other property of another person where communication against trespassing has been given.

South Dakota further defines this communication as the posting of signage, actual, direct communication to the person from the owner or the owner’s authorized agent, or by the presence of fencing, walls, or any other enclosure or obstacle which a reasonable person would recognize as being there to deter intruders.

You can read through 22-35-6 for yourself just below, and make sure you keep this in mind because we will be referring back to it in several sections throughout this article:

22-35-6. Entering or refusing to leave property after notice, Misdemeanor

Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:
(1) Actual communication to the person who subsequently commits the trespass;
(2) Posting in a manner reasonably likely to come to the attention of trespassers; or
(3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers;

Is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.

Does South Dakota Require “No Trespassing” Signs?

No, but! South Dakota does not specifically require the posting of no-trespassing signage to protect property against trespassers, but generally speaking you have to have one or the other assuming you don’t directly communicate with, and notify that would be trespasser that they aren’t allowed to trespass.

Does that make sense? Basically, unless you write to or directly speak with the person trespassing or preparing to trespass and tell them that they cannot, you’ll need to have signage or fencing up.

Is Fencing Required to Protect Property?

No. But just like the posting of no-trespassing signage above, South Dakota requires one or the other for maximum protection against trespassers under the law assuming you have not directly communicated with the trespasser or a would-be trespasser personally either in writing or via conversation.

What Other Marks Indicate “No Trespassing”?

None. There are a few states throughout the US that use so-called “purple paint” laws for marking the boundaries of property against trespassing, but South Dakota is not one of them.

Can Solicitors Ignore “No Trespassing” Signs?

Generally not, so long as a property is fenced and gated or posted with no-trespassing signage.

Solicitors who ignore this signage do so at their own peril, and those South Dakota does not have a notable history of such prosecutions it is not out of the question.

It should be noted that in suburban and urban areas it is very likely that a solicitor knocking on your door to speak with you is, in essence, asking for your time and for permission to be on the property and so it is unlikely that charges would have much in the way of teeth if you wanted to press the matter.

However, the same cannot be said for rural and remote properties!

Can Trespassing Result in Arrest in South Dakota?

Definitely. Trespassing is a misdemeanor in South Dakota but misdemeanors are still crimes, and specifically are crimes that can entail significant fines and even jail terms.

Can You Take Someone to Court for Trespassing?

Yes. Specifically, you can certainly haul someone to court if they are a repeat offender, or flagrantly trespass in defiance of fences, signage, or direct communication.

If they damage fencing, remove signage or damage any other property; or if they trespass in furtherance of the commission of any other crime; or do so directly in order to stalk or harass you.

If you aren’t dealing with an isolated incident or an accidental, one-time offender, you should definitely consult a competent attorney on the matter.

Special Instances of Trespassing in South Dakota

South Dakota has several statutes just for special cases of trespassing. Two of the most relevant are 22-21-1 and 22-21-3.

22-21-1 covers trespassing to eavesdrop, specifically the use of drones for surveillance or photography purposes.

If you use a drone to observe, photograph, or surveil anyone in any place where they have a reasonable expectation of privacy you are breaking the law and can be charged with a misdemeanor.

Note that specifically you can be flying the drone over a property where you have explicit permission to operate it, but if you are surveilling someone in that way, on the property or off, you can be charged with trespassing to eavesdrop.

Next is 22-21-3, South Dakota’s version of the fairly common peeping tom law.

Basically, if you are on anyone else’s property for any reason and peep or peek into a window or doorway of an occupied structure you’re breaking the law again.

You can read it both of these statutes for yourself just below:

22-21-1. Trespassing to eavesdrop, Installation or use of unauthorized eavesdropping device, Drones. 
Any person who, except as authorized by law:
(1) Trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place;
(2) Installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation;
(3) Intentionally uses a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy; or
(4) Lands a drone on the lands or waters of another resident provided the resident owns the land beneath the water body in its entirety without the owner’s consent, except in the case of forced landing and the owner or lessee of the drone will be liable for any damage resulting from a forced landing;
is guilty of a Class 1 misdemeanor. (…) 
…
22-21-3. Window peeking on private property of another, Violation as misdemeanor. 
No person may enter the private property of another and peek in the door or window of any inhabited building or structure located thereon, without having lawful purpose with the owner or occupant thereof. A violation of this section is a Class 1 misdemeanor.

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New Jersey State Trespassing Laws

Everywhere in the United States, trespassing is a crime but each state has their own strict definitions of trespassing, and their own punishments, depending on where and how the trespass occurs.

It is important for all property owners to understand these laws that are specific to their home state in order to know exactly where your rights begin when it comes to keeping people off of your property.

It is also crucially important to know your state’s trespassing laws so that you do not accidentally trespass on someone else’s property when you’re out hunting, fishing, camping, hiking, and the like.

New Jersey is a state that has a pretty well-deserved reputation for government overreach and frivolous legal proceedings, but when it comes to trespassing the statutes at least are pretty clear cut.

This article will help teach you the most important concepts relating to New Jersey’s trespassing law. Keep reading to find out more.

New Jersey Trespassing Law Overview

• Generally, fencing, signage, or prior verbal notice is required to qualify trespassing as a serious crime in New Jersey.
• Most types of trespassing are misdemeanors in the state of New Jersey, but doing so on critical infrastructure sites or utility company property might be a felony depending on circumstances.
• New Jersey has special trespassing laws concerning riding a horse or operating a motor vehicle on someone else’s property without permission.

What Constitutes Trespassing in New Jersey?

New Jersey broadly defines trespassing in a roundabout way, either as unlicensed entry into a structure or onto land without legal privilege to do so.

In short, if you do not have specific permission from the property owner to be on the property or in the structure, then you shouldn’t be there, with the exception being you have legal authority to do so.

Also, it is worth pointing out that New Jersey typically charges for most types of trespassing as “disorderly persons, “and specifically in the case of ignoring posted signage or crossing fencing or other barriers that are manifestly designed to keep out people or keep in livestock. More on that in just a little while.

In the meantime, you can check out statute 2C:18-3 for the bulk of what you need to know concerning the most common types of trespass:

2C:18-3 Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses.

2C:18-3. a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property, or in the sterile area or operational area of an airport. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in the sterile area or operational area of an airport. Otherwise it is a disorderly persons offense.
…

Does New Jersey Require “No Trespassing” Signs?

Although no-trespassing signage is not strictly required in New Jersey, it is generally the most efficient way to qualify the actions of a trespasser as a fairly serious crime.

This is because a person who trespasses without license or privilege and defiance of notice against trespass given by signage rates a petty disorderly person’s offense.

Lacking signage, or some other enclosure, then specific notice against trespass would have to be given by the property owner or the owner’s agent to the individual trespassing.

Once again, check out the relevant section in 2C:18-3:

2C:18-3 Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses.

…
b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
…

Is Fencing Required to Protect Property?

Fencing, like signage, is not truly required to protect a property against trespassing in New Jersey, but it is definitely a good idea particularly if you don’t have no-trespassing signage posted.

Also, note the specific definition of lands for the purposes of the trespassing laws discussed throughout the chapter. You can read the specific definition below in 2C:18-4:

2C:18-4. Lands defined

As used in this act, “lands” means agricultural or horticultural lands devoted to the production for sale of plants and animals useful to man, encompassing plowed or tilled fields, standing crops or their residues, cranberry bogs and appurtenant dams, dikes, canals, ditches and pump houses, including impoundments, man-made reservoirs and the adjacent shorelines thereto, orchards, nurseries, and lands with a maintained fence for the purpose of restraining domestic livestock. “Lands” shall also include lands in agricultural use, as defined in section 3 of P.L.1983, c. 32 (C. 4:1C-13), where public notice prohibiting trespass is given by actual communication to the actor, conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

What Other Marks Indicate “No Trespassing”?

None. Some states allow the usage of specific paint markings, typically purple or orange, to be used to post property against trespassing.

Usually referred to colloquially as “purple paint laws”, New Jersey is unfortunately not a state that has codified such laws for the purpose.

Though there are plenty of people that might know what these markings mean, it is critical to understand that they do not have any backing of law in the state of New Jersey.

You’ll need to use signs, fences, or specific notice if you want the law on your side when it comes to keeping trespassers off your property.

Can Solicitors Ignore “No Trespassing” Signs?

Generally not, though a closed and locked gate is best. New Jersey specifically calls out defiant trespassers, people who ignore no-trespassing signs or fencing and trespass anyway, for what they are, and charges them accordingly as petty disorderly persons.

However, a solicitor who approaches your door and asks for your time to try and sell you something is hardly causing damages.

This is an issue that might be more or less of a concern depending on the locality.

Can Trespassing Result in Arrest in New Jersey?

Yes. Although the emphasis in the law books suggests to a casual reader that a fine is all a trespasser will have to pay if they trespass, it is entirely possible for trespassing to result in arrest in New Jersey, particularly if it is done flagrantly, in any sensitive area or if it results and it damages to the property or any other owned property of any kind.

Can You Take Someone to Court for Trespassing?

Yes, certainly, though what you would hope to gain in recompense is of course up for debate.

Once again, if someone trespasses on your property defiantly in spite of posted signage, fencing or you specifically warning them against trespassing you might have a case against them on principle alone if you wanted to go after it.

You’ll definitely have a case against them if they cause any damages, or doing so as part of a campaign of stalking or harassment, or are trying to violate your privacy by peeping into your property.

Special Instances of Trespassing in New Jersey

New Jersey has several specific statutes covering special kinds of trespassing, but the one that is most relevant to us is in 2C:18-5.

Simply stated, knowingly or recklessly operating any motor vehicle or riding a horse on someone else’s lands without getting their written permission and keeping it in your possession is a crime, as is knowingly or recklessly damaging any other tangible property while doing so, including crops and plants.

This section has been omitted here for brevity, but make sure you look that up for yourself.

There’s not much else to it, but if you are ever going to take a vehicle or horse onto someone else’s lands it is not enough to get their verbal permission alone: get it in writing and keep it on your person the entire time, no exceptions!

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Ohio State Trespassing Laws

Whether you own property or not, understanding trespassing laws is essential.

If you own property, you’ll need to know precisely where your rights begin and end when it comes to keeping people off of your land and away from your home, and you’ll also need to know so that you don’t accidentally trespass when out on your own adventures, be it hunting, camping or even scouting your bug-out routes.

And though trespassing laws are largely similar throughout the United States, there is plenty of variation from state to state.

Ohio is a state with simple laws concerning trespassing that are pretty easy to understand for anyone.

Signage and fencing, though not required to protect property, is a good idea, and only in the most extreme cases of criminal trespassing is the charge for doing so anything more than a misdemeanor.

But there was a lot more to learn, and we will tell you everything you need to know about Ohio’s trespassing laws in the rest of this article.

Ohio Trespassing Law Overview

• No-trespassing signage and fencing are not required to protect land or other property but are a good idea.
• Most kinds of trespassing in Ohio will only result in fines or misdemeanor charges, though trespassing with the intention of committing another crime might be a felony.
• Trespassing using any off-road motorized vehicle will double the fines incurred if charged with trespassing.

What Constitutes Trespassing in Ohio?

Ohio defines many instances that count as trespassing, but no matter how or why someone is trespassing they typically result in the same charges under Section 2911.21.

Ohio defines criminal trespassing as knowingly entering or remaining upon the land or premises of someone else, specifically without explicit permission or legal authority to do so.

As you will see in the excerpt of the relevant section below, this is the case whether or not the property is posted or fenced, and if someone is allowed to enter or remain upon any premises of another for any reason and refuses to leave when told to do so that also counts as criminal trespass.

Note that section 2911.21 is quite lengthy and contains pretty much everything you need to know about the bulk of Ohio’s trespassing laws, so we will be referring to it in several sections from here on:

Section 2911.21 – Criminal trespass.

(A) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;
…

Does Ohio Require “No Trespassing” Signs?

No. Posting no-trespassing signage is not explicitly required for protection under Ohio law, but it is a good idea since posting signage counts as a notice against trespass to anyone who would see it so long as it is posted in a conspicuous place.

There are a few paragraphs in 2911.21 that refer to posting signage against trespassing. Refer to section 3 of 2911.21 below:

Section 2911.21 – Criminal trespass.

…
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.
…

Is Fencing Required to Protect Property?

No. Just like with the no-trespassing signage above, fencing is not explicitly required to benefit from protection under Ohio law, but it is a good idea. Refer to section 3 from the excerpt above in the previous section.

Anyone who recklessly enters or remains upon the land of another that has been fenced or enclosed to restrict access is guilty of criminal trespassing.

What Other Marks Indicate “No Trespassing”?

None. Unlike a few other states, Ohio does not allow the use of paint markings on posts or tree trunks to mark property against trespassing.

However, it should also be pointed out that neither signage nor fencing is strictly required to benefit from protection under the law, either, so this is less of a concern for anyone who owns property in Ohio.

And for all you travelers, hunters, hikers, and campers out there keep in mind that a property that is otherwise unposted does not need to have any of these marks up, so you cannot depend on them for knowing where property bounds are!

It is always your responsibility to know where you are, where you are going, and whether or not you have permission for being on someone else’s land.

Can Solicitors Ignore “No Trespassing” Signs?

Technically no, but at least concerning suburban and urban neighborhoods most solicitors who are knocking on your door and asking for your time in order to make their pitch will probably not run afoul of Ohio’s trespassing laws.

Sure, it might be considered rude and bad policy, but so long as they leave when you tell them off they probably aren’t breaking the law.

Can Trespassing Result in Arrest in Ohio?

Definitely. Although the majority of trespassing charges are misdemeanors in Ohio, a misdemeanor crime is still serious business and will entail a significant fine and potentially jail time.

It should be noted that trespassing with the intention of committing another crime is far more serious, and even entering or remaining upon someone else’s land unlawfully with the intention of committing a crime might qualify you for a felony under the breaking and entering statute defined in 2911.13. read both the relevant sections of 2911.211 and 2911.13 below:

Section 2911.211 – Aggravated trespass.
(A) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him.
(B) Whoever violates this section is guilty of aggravated trespass, a misdemeanor of the first degree.
…
Section 2911.13 – Breaking and entering
(A) No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony.
(B) No person shall trespass on the land or premises of another, with purpose to commit a felony.
(C) Whoever violates this section is guilty of breaking and entering, a felony of the fifth degree.

Can You Take Someone to Court for Trespassing?

Yes, you can, although this is likely only a good idea in the case of aggravated trespassing or when someone is trespassing in order to harass or stalk you, or is a repeat offender.

Section 2911.21 – Criminal trespass.
…
(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.
(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.
(D)
(1) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.

Special Instances of Trespassing in Ohio

There are a few statutes that cover special instances of trespassing in Ohio, one concerning trespassing while using an off-road motor vehicle which will entail a more serious fine if a person is charged, and then a lengthy and intricate section that covers criminal trespass on a place of public amusement.

For the purposes of section 2911.23, a place of public amusement is a theater, stadium, or any other facility or venue whether or not it is licensed where any live performance, sports competition or other similar activity takes place for the entertainment of the public.

Again, it is quite lengthy and will not be included here for brevity, so make sure you look up section 2911.23 for yourself.

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Indiana State Trespassing Laws

It is important to understand trespassing laws both so that you can understand the full extent of your rights when it comes to keeping unwanted visitors off of your property, and also so that you may avoid running afoul of the law when out and about on your travels.

But since every state has its own set of trespassing laws, laws that can vary broadly in their application and scope, you’ll need to learn the specifics for the state in which you reside and also for States that you own property in, work in, or visit.

Today we will be looking at Indiana’s trespassing laws. Indiana’s laws generally make sense, but they can be a nightmare for regular people because they are lengthy, highly detailed, and seem to be repetitive on most of the important points.

This article will serve as a primer to tell you everything you need to know about the most important parts of Indiana’s trespassing laws.

Indiana Trespassing Law Overview

• Most forms of trespassing are only a misdemeanor in Indiana, but criminally trespassing in a person’s dwelling via breaking and entering is a felony, as are certain repeat offenses.
• No one may trespass upon land or other real property that is conspicuously marked with signage.
• Indiana also allows the use of purple paint markings to post land against trespassing.

What Constitutes Trespassing in Indiana?

In their usual way, the strict definition of trespassing in Indiana is quite lengthy.

Criminal trespass is broadly defined as entering in, remaining in, or remaining upon the property, premises, vehicle, or real property by a person that has no contractual interest in any of the above and does so after having been denied entry by the owner, owner’s agent or other authorized person or who remains in or upon after having been told to leave having had authorization or permission to be in or upon.

It can also be defined as criminally interfering with or preventing a person’s legal or authorized access to any of the above property or vehicle.

Similarly, if you are accompanying any person who’s unlawfully entering in or remaining upon or preventing lawful access to any property or vehicle described above that is likewise considered committing criminal trespass.

All of that is described in section 35-43-2-2 of the Indiana State statutes, but I warn you that those statutes go on for a very long time and seem to repeat themselves ad nauseam with only the slightest variations in verbiage.

Make sure you are sharp and alert before you start in on them!

However, another related instance of criminal trespass is described in 35-43-2-1.5, described as residential entry by way of breaking and entering:

35-43-2-1.5. Residential entry

Sec. 1.5. A person who knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Level 6 felony.

Although a significantly higher charge compared to most types of trespassing described in the statutes, note that no other crime need be committed or planned for this charge to take effect.

Does Indiana Require “No Trespassing” Signs?

No, although they are required around most types of property for trespassing charges to apply from the onset of the instance.

Generally, it is criminal trespass for anyone who is not duly authorized or acting under permission of law to enter property that is posted where they conspicuous no-trespassing sign at the entrances or around the borders of the property.

Is Fencing Required to Protect Property?

No, not for undeveloped land or any property which is posted with a no-trespassing sign or other signage to that effect.

What Other Marks Indicate “No Trespassing”?

Aside from the usual no-trespassing signs, Indiana is one of a handful of states that utilizes so-called purple paint laws for posting property, and undeveloped or larger parcels in particular, against trespassing.

Generally, this involves painting vertical purple markings at about eye level every 100 ft or so on trees or posts around the perimeter of a property.

These markings have about the same force of law behind them as other no-trespassing signage when it comes to barring trespassers.

The following is an excerpt taken from way down in a statute 35-43-2-2 that explicitly spells out the characteristics of these markings as well as the required spacing.

35-43-2-2. Criminal trespass; denial of entry; denial by posting with purple marks; permission to enter; exceptions

…
(d) For the purposes of subsection (c)(4):
(1) each purple mark must be readily visible to any person approaching the property and must be placed:
(A) on a tree:
(i) as a vertical line of at least eight (8) inches in length and with the bottom of the mark at least three (3) feet and not more than five (5) feet from the ground; and
(ii) not more than one hundred (100) feet from the nearest other marked tree; or
(B) on a post:
(i) with the mark covering at least the top two (2) inches of the post, and with the bottom of the mark at least three (3) feet and not more than five (5) feet six (6) inches from the ground; and
(ii) not more than thirty-six (36) feet from the nearest other marked post; and
…

Can Solicitors Ignore “No Trespassing” Signs?

No. If you have posted your property correctly under the law a solicitor who is trying to sell you something cannot ignore it without risking penalty.

However, it should be pointed out that in most state officials, state employees, and various agents who are carrying out their lawfully appointed duties in a legal, lawful way can ignore no-trespassing signs in the course of those duties.

That being said, they cannot ignore them out of hand just because they are state employees or agents.

This is getting into a very tricky area of law, and if you’re dealing with abuse of power or something of that nature with regards to state employees or law enforcement, contact an attorney who is fluent in the matter.

Can Trespassing Result in Arrest in Indiana?

Absolutely. Trespassing and flagrant disregard of posted signage or marks, having multiple trespass charges in your background, or refusing to leave a public place after being told to leave by an owner, owner’s agent, manager, etc. can absolutely result in arrest.

Can You Take Someone to Court for Trespassing?

Yes, you can, and especially when it results in damages to property, breach of peace or quiet domain, or other damages.

It is also pretty easy to take someone to court in Indiana if they have shown a pattern of behavior or already have other charges of trespassing or criminality in their background.

Special Instances of Trespassing in Indiana

Quite a few. One notable example is trespassing in an agricultural operation, which can result in felony charges.

There are way, way too many to list here, but you can once again find pretty much all of them in 35-43-2-2.

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South Carolina State Trespassing Laws

When it comes to trespassing laws, you would be wise not to treat them as an insignificant crime.

Though trespassing laws are largely similar throughout the United States, each and every state has its own variations when it comes to enforcement, requirements, and most importantly penalties.

Take South Carolina for instance, South Carolina is a state with multiple statutes concerning trespassing on a public and private property, but most of them are easy to understand and make sense.

What you’ll definitely need to know (whether or not you are a property owner) is which types of trespassing are misdemeanors and which are felonies, along with the posting and fencing requirements in the state.

Keep reading and we will tell you everything you need to know about South Carolina’s trespass laws.

South Carolina Trespassing Law Overview

• Most kinds of trespassing in South Carolina are misdemeanors, but a few are felonies.
• Posting your property with signage or in closing it with a fence or wall is a good idea for maximum protection under the law.
• In most cases, posting your property with signage counts as prior notice against entry to any would-be trespassers. There are specific requirements for posted signage.

What Constitutes Trespassing in South Carolina?

Unlike most states, South Carolina does not have one specific or even broad definition of trespassing, and so it relies on multiple, smaller statutes to define what trespassing is under specific circumstances.

You’ll find quite a few on South Carolina’s law books, so make sure you look up these statutes for yourself.

But, very generally, trespassing can be defined as entering or remaining upon the lands or other property that don’t belong to you without prior authorization from the owner or owner’s agent, or other legal permission.

Trespassing is also a refusal to leave if, having had prior permission or authorization, it is revoked.

Let’s get started by looking at 16-11-610 concerning entry on another’s lands for various purposes without permission:

16-11-610. Entry on another’s lands for various purposes without permission.

Any person entering upon the lands of another for the purpose of hunting, fishing, trapping, netting; for gathering fruit, wild flowers, cultivated flowers, shrubbery, straw, turf, vegetables or herbs; or for cutting timber on such land, without the consent of the owner or manager, shall be deemed guilty of a misdemeanor and upon conviction shall, for a first offense, be fined not more than two hundred dollars or imprisoned for not more than thirty days, for a second offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days and, for a third or subsequent offense, be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months or both. …

Does South Carolina Require “No Trespassing” Signs?

South Carolina does not truly require the posting of no-trespassing signage to protect property, including vacant land, but it is definitely a good idea to put up these signs around your own property.

These signs can qualify more serious cases of trespassing if they are ignored, and they also count as specific prior notice to any would-be trespasser that entry onto your land, for any reason, is forbidden.

Read the following statute, 16-11-600, carefully. Notice how it says that entry on any land belonging to another person after notice from the owner or tenant against said entry is a misdemeanor.

Reading a little further you will see where it says the posting of no-trespassing signage in four conspicuous places on the borders of the land counts as notice for the purposes of this statute.

Read it for yourself below:

16-11-600. Entry on another’s pasture or other lands after notice; posting notice.

Every entry upon the lands of another where any horse, mule, cow, hog or any other livestock is pastured, or any other lands of another, after notice from the owner or tenant prohibiting such entry, shall be a misdemeanor and be punished by a fine not to exceed one hundred dollars, or by imprisonment with hard labor on the public works of the county for not exceeding thirty days. When any owner or tenant of any lands shall post a notice in four conspicuous places on the borders of such land prohibiting entry thereon, a proof of the posting shall be deemed and taken as notice conclusive against the person making entry, as aforesaid, for the purpose of trespassing.

Is Fencing Required to Protect Property?

No. Fencing is not strictly required to protect property against trespassers but it is an important component of qualifying unlawful entry into enclosed places, described in detail in section 16-11-640.

Essentially, it is unlawful for any person that does not have legal permission or specific authorization to enter upon the lands or then the private property of anyone else between the hours of 6:00 p.m. and 6:00 a.m. if the property is fenced or walled with a closed gate.

There are specific exceptions, including justifiable emergency entry or entry onto premises which are not posted with signage and are unfenced.

Just another good reason to post your property with no-trespassing signage!

16-11-640. Unlawful entry into enclosed places.

It shall be unlawful for any person not an occupant, owner or invitee to enter any private property enclosed by walls or fences with closed gates between the hours of six P.M. and six A.M. The provisions of this section shall not apply to any justifiable emergency entry or to premises which are not posted with clearly visible signs prohibiting trespass upon the enclosed premises. The provisions of this section are supplemental to existing law relating to trespass and punishment therefor. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

What Other Marks Indicate “No Trespassing”?

None. Unlike some other states, South Carolina does not allow the use of purple paint markings, or any other color of paint markings, to serve as notices against trespassing.

An amendment to 16-11-600 for the purpose was introduced a few years back, but apparently it is still jammed in the Senate.

Can Solicitors Ignore “No Trespassing” Signs?

No, and they definitely cannot ignore fencing if you have a closed gate as described above and one of the previous sections.

The only exemptions are for genuine emergency purposes, or in the case of unfenced and unposted land or other property.

Solicitors who violate this statute can face stiff penalties and even a stint in jail!

Can Trespassing Result in Arrest in South Carolina?

Absolutely. Most forms of trespassing are a misdemeanor in South Carolina, but misdemeanors can still result in arrest and they can result in a jail term.

Keep this in mind if you are out hunting, hiking, camping or doing any other kind of rambling so that you do not accidentally trespass.

Can You Take Someone to Court for Trespassing?

Yes, definitely, especially if someone is a repeat offender, caused damage to fencing, walls, plants, crops, livestock, or any other property that you might have.

Special Instances of Trespassing in South Carolina

There are several special instances of trespassing codified in the statutes of South Carolina, with everything from trespassing in a library to trespassing on certain kinds of state-owned and other public property.

But perhaps one of the most important is found in 16-11-617, which covers illegal entry into another’s land for the purpose of cultivating marijuana.

Simply stated, if you enter someone else’s land and grow 25 marijuana plants you are guilty of a felony and will be facing a fine of up to $5,000 and 5 years in prison.

16-11-617. Entry on another’s land for purpose of cultivating marijuana.

It is unlawful for a person to enter on the land of another for the purpose of cultivating or attempting to cultivate marijuana. The provisions of this section are cumulative to other provisions of law. To constitute a violation of this section, a minimum of twenty-five marijuana plants must be cultivated. A person violating the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years and fined not more than five thousand dollars.
…

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New York State Trespassing Laws

Trespassing is sometimes thought of as a lesser crime, but in most states trespassing is no joke: it will invariably result in misdemeanor and sometimes felony charges, and either will result in substantial fines and jail time.

It is imperative that you know the trespassing laws in any state that you live, work or travel in so you don’t accidentally trespass on someone else’s property, but it’s also important so you know exactly where your rights start and stop concerning your own!

Though it is true the trespassing laws in the United States are broadly similar across the land, each state puts their own spin on those laws, like everything else, and that can make for some confusing and potentially costly variations.

New York is a state that is known for top-heavy and lengthy laws, and concerning trespassing, they are no different.

However, the trespassing laws in New York are quite a bit clearer than you might be imagining and easy for anyone to understand.

There are several important concepts that all property owners in the state need to know, and we will tell you about them in this article.

New York Trespassing Law Overview

• Fencing or signage is mandatory to protect empty, vacant land in New York.
• Most forms of trespassing in New York are misdemeanors, but first-degree criminal trespassing is a serious felony.
• Notably, simple trespassing is only a violation in New York.

What Constitutes Trespassing in New York?

Trespassing is distinct from criminal trespassing in New York. Trespass is defined as knowingly entering or remaining unlawfully in or upon any premises. A very broad definition, but certainly a clear one.

Criminal trespassing itself has various definitions, ranging from third-degree to first-degree, with first-degree trespassing looking a lot more like an armed home invasion or stick-up robbery than the trespassing you are probably imagining.

You can read the relevant sections, with the precise definitions for each, below.

Note: Most of the trespassing statutes in New York State are very lengthy and cover all sorts of situations, circumstances and specific types of property to qualify the severity of the trespassing charges. All of the statutes below are abbreviated to only the most important parts for the average person.

Ignorance of the law is no excuse, and it is in your best interest to study and understand the entirety of the statutes on trespassing. Make sure you look up the complete versions:

140.05. Trespass.
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.
(…)
140.10 Criminal trespass in the third degree.
A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property
(a) which is fenced or otherwise enclosed in a manner designed to exclude intruders; or
(…)
140.15 Criminal trespass in the second degree.
A person is guilty of criminal trespass in the second degree when:
1. he or she knowingly enters or remains unlawfully in a dwelling; or
(…)
140.17. Criminal trespass in the first degree.
A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he:
1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, as those terms are defined in section 265.00, and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or shotgun; or
3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two.

Does New York Require “No Trespassing” Signs?

Yes, in many cases. Signage is mandatory for protecting vacant, unimproved property if fencing or other barriers to entry are not present.

This is because entering or remaining upon any vacant or unused land that isn’t fenced or obviously posted against trespassing is not committing criminal trespassing outside of specific notification by the owner, owner’s authorized agent or some other authority that they must stay off of the property.

Read the excerpt from 140.00 and pay attention to the highlighted section:

140.00 Criminal trespass and burglary; definitions of terms.

The following definitions are applicable to this article:

(…)
5. “Enter or remain unlawfully.” A person “enters or remains unlawfully” in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner. A person who enters or remains in or about a school building without written permission from someone authorized to issue such permission or without a legitimate reason which includes a relationship involving custody of or responsibility for a pupil or student enrolled in the school or without legitimate business or a purpose relating to the operation of the school does so without license and privilege.

Is Fencing Required to Protect Property?

Yes, in many cases. Just like signage, fencing is required to protect unused, vacant land from trespassers.

Note that it is one or the other; you don’t have to post signage and put up a fence around the entire property to have the force of law behind you.

What Other Marks Indicate “No Trespassing”?

None. New York does not allow the use of any color of paint markings or any other sort of indicator to serve in place of posted signage.

These laws, usually referred to as purple paint laws, are in effect in some other states and growing more popular all the time, but do not seem to be forthcoming for the State of New York.

Note that, even though many people are familiar with such marks when it comes to property boundaries, they do not have any legal backing or basis for protecting your property, or anyone else’s, against trespassers. You’ll have to use fencing or traditional posted signs instead.

Can Solicitors Ignore “No Trespassing” Signs?

Technically not, but knocking on someone’s door in an urban or suburban area to ask for some of their time in order to make a pitch is highly unlikely to result in arrest or to make a case for you to take them to court.

However, keep in mind that no solicitor can circumvent a locked gate, barred driveway, or some other legitimate barrier that is designed to keep out pedestrian traffic and trespassers.

Can Trespassing Result in Arrest in New York?

Absolutely. Outside of simple trespassing, all other forms of trespassing in New York are misdemeanors or felonies, and any of them can result in arrest.

All will result in serious fines, and at most can entail lengthy incarceration including prison time.

Can You Take Someone to Court for Trespassing?

Yes. This is especially so if the trespassing results in damage or is done in order to commit or further a crime.

Depending on the nature of the trespassing and where it took place you could have a stronger case or a weaker one, but I remind readers that since most forms of trespassing are misdemeanors in New York it should never be taken lightly.

Special Instances of Trespassing in New York

New York has all sorts of special statutes and provisions covering trespassing in the state and notably depending on one’s criminal classification, or record, going to schools and other facilities might be trespassing in its own right.

Also of note is statute 140.17 which covers criminal trespass in the first degree.

Essentially, knowingly and unlawfully entering or remaining in any building in the course of committing a crime when carrying an explosive, deadly weapon, or firearm or in the company of other people who are armed with any of the above is a felony charge.

As mentioned above, this sounds a lot closer to home invasion or robbery than simple trespassing, but that is how New York classifies it.

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Utah State Trespassing Laws

Although sometimes disregarded as aggravating mischief at worst, trespassing can actually turn out to be a pretty serious crime with equally serious punishments.

Laws vary around the United States, and precisely defining exactly what trespassing is and learning what is required to protect property against trespassers means you’ll have to dive into your home state’s statutes on the subject.

Today we are looking at Utah. Utah’s trespassing statutes are notable for a couple of things, namely being extremely intricate but also for precise requirements of giving notice against trespassing one way or another.

Keep reading, and we will help you make sense of Utah’s sometimes confusing laws on the matter.

Utah Trespassing Law Overview

• All forms of trespassing in Utah are misdemeanors.
• Utah requires a notice to be given against trespassing for maximum protection under the law.
• Notice can be given in the form of direct communication, posting signage, or using fencing.
• Utah has strict requirements regarding the operation and recording of private property and persons with drones.

What Constitutes Trespassing in Utah?

In Utah, criminal trespassing is broadly defined as entering or remaining unlawfully in or upon the property of another lacking explicit authorization or authority under the law to be there.

Note, for the purposes of criminal trespassing the state of Utah basically considers a drone under your control to be you!

If you were flying your drone over someone’s property and either don’t have permission or, worse, you know that you are forbidden from doing so you can face serious charges.

As I mentioned above in the opening, Utah law is a little tricky to read being very intricate and often lengthy.

The most relevant parts of section 76-6-206 are included below for your convenience, but make sure you look up the entirety of the text for yourself:

76-6-206. Criminal trespass.

(1) As used in this section:
(a) “Enter” means intrusion of the entire body or the entire unmanned aircraft.
(b) “Remain unlawfully,” as that term relates to an unmanned aircraft, means remaining on or over private property when:
(i) the private property or any portion of the private property is not open to the public; and
(ii) the person operating the unmanned aircraft is not otherwise authorized to fly the unmanned aircraft over the private property or any portion of the private property.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:
(a) the person enters or remains unlawfully on or causes an unmanned aircraft to enter 
and remain unlawfully over property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether the person’s or unmanned aircraft’s presence will cause fear for the safety of another;
(…)

Does Utah Require “No Trespassing” Signs?

No. However, they are a very good idea if you want to protect your property against trespassers.

Though signs are not explicitly required for protection under the law they really help, as anyone who trespasses on your property by ignoring or disregarding posted signage is going to face more serious charges and will not be able to argue in court that they thought they had permission from the property owner.

That counts the other way, too: if you are out and about in the world make sure you never ignore posted no-trespassing signage!

Once again, we return to 76-6-206, just a little farther down this time:

76-6-206. Criminal trespass.

(…)
(b) knowing the person’s or unmanned aircraft’s entry or presence is unlawful, the person enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by:
(i) personal communication to the person by the owner or someone with apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(…)

Is Fencing Required to Protect Property?

No, but just like no-trespassing signage it does count as giving notice to would-be trespassers that they aren’t allowed on the property.

You don’t have to have both, although I wouldn’t fault you for doing so: generally speaking one or the other is entirely sufficient for posting your property effectively and giving notice to strangers that they need to stay off.

What Other Marks Indicate “No Trespassing”?

None. There are some states out there that allow people to use paint markings on trees, posts, and other objects around the perimeter of their property to post it against trespassing, but Utah is not one of them.

You can search for states that have laws like this by searching for “purple paint laws in X “where X is the name of the state.

Can Solicitors Ignore “No Trespassing” Signs?

No, although it is unlikely they will be heavily punished if they are door-knocking in a suburban or urban area.

Considering that a solicitor is knocking on the door directly to ask you for a moment of your time, and in effect asking for permission to be on the property, all you can do is run them off and give them a nasty glare.

Utah does not seem to have a long history of prosecuting these annoying civic transgressions.

However, the situation is different the further out you go into rural or truly remote areas.

Anyone who ignores no-trespassing signage or, way worse, a closed gate is seriously pushing their luck.

Can Trespassing Result in Arrest in Utah?

Definitely. Trespassing is only a misdemeanor in Utah but misdemeanors are still real crimes. These aren’t simple violations we are talking about here where you pay your ticket and go on your way.

In Utah, a misdemeanor charge can land you with a substantial fine and even a stay in jail.

Can You Take Someone to Court for Trespassing?

Yes, you can. Although this is generally ill-advised for random, accidental, or one-off instances of trespassing, if you were dealing with someone who is a repeat offender, who is it trespassing to commit or to further another crime, is specifically targeting you for harassment or stalking, or who damages anything on your property you certainly have cause to take them to court.

If that sounds like a situation you are facing, contact a competent attorney in your area for assistance.

Special Instances of Trespassing in Utah

Utah has several laws on the books concerning trespassing in special circumstances or in restricted areas.

One section describes trespassing in and around state parks, while another one, especially relevant to Utah, is in section 76-6-206.1.

It concerns criminal trespass in abandoned or inactive minds, which happened to be quite common throughout the state. Read it for yourself below:

76-6-206.1. Criminal trespass of abandoned or inactive mines, Penalty.

(1) For purposes of this section:
(a) “Abandoned or inactive mine” means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry.
(b) “Enter” means intrusion of the entire body.
(2) A person is guilty of criminal trespass of an abandoned or inactive mine if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
(a) the person intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine; or
(b) intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property.
(3) A violation of Subsection (2)(a) is a class B misdemeanor.
(4) A violation of Subsection (2)(b) is a class A misdemeanor.

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Arkansas State Trespassing Laws

Most Americans want to keep their property, strictly their property. No one likes trespassers, and no trespassing might be done innocently, other times people will be flagrantly disrespecting your rights and this is when understanding your state’s trespassing laws makes a big difference.

Knowing the exact letter of the law when it comes to dealing with and serving trespassers is important if you yourself want to remain legal while keeping your land free of unwanted guests.

Arkansas is a state with generally dependable laws about trespassing that make sense; however, there are pretty specific requirements for posting signage, other markings, or fencing that will serve as a notice of no trespassing.

Failing to do this means those trespassers might get away without any charges. The rest of this article will tell you what you need to know about Arkansas’ trespassing law.

Arkansas Trespassing Law Overview

• Arkansas State trespassing law has a fairly intricate requirement for posting signage or other indicators against trespassing depending on the type of property.
• Notably, Arkansas law does have an affirmative defense against the charge of trespassing if the person who was trespassing was doing so to retrieve a pet or other animal that was on the property at the time.
• Vacant land that is not fenced and has no posted signage requires a trespasser to be told to leave before trespassing charges can be leveled, and then only if they refuse.

What Constitutes Trespassing in Arkansas?

In Arkansas, trespassing is generally defined as the unlawful entering or remaining in or upon the premises, property, or structure of another person without legal basis under law or explicit permission from the owner of said property.

Whether or not trespassing in Arkansas is a misdemeanor or a felony depends on the type of property and the circumstances of the trespass.

For instance, trespassing in the vehicle of another person or by any premises owned or leased by another person can be felonious if the trespasser has prior convictions for trespassing.

Doing so in an occupiable structure or vehicle, or removing posted signage, fences or other obstacles while trespassing constitutes a class B misdemeanor.

You’ll want to check out Arkansas State statutes section 5-39-101 and 5-39-203 to see all the various permutations of criminal trespass and its charges.

Subchapter 1 – General Provisions § 5-39-101. Definitions
As used in this chapter:

…
(3)
(A) “Enter or remain unlawfully” means to enter or remain in or upon premises when not licensed or privileged to enter or remain in or upon the premises.
(B)
(i) A person who enters or remains in or upon premises that are at the time open to the public does so with license and privilege, regardless of his or her purpose, unless he or she defies a lawful order not to enter or remain on the premises personally communicated to the person by the owner of the premises or another person authorized by the owner.
…

Does Arkansas Require “No Trespassing” Signs?

Yes, in some instances. Some types of land must be lawfully posted against trespassing in any such cases where a specific individual has not been notified by certified mail or by any other authorized server of notice that they are forbidden from trespassing on a specified plot or tract of land.

In such cases, the posted signage does not need to specify the tract of land so long as the signs are posted at conspicuous intervals and invisible places around the perimeter of the property.

This requirement stands for vacant undeveloped, rural, and residential properties.

Notably, there are certain types of land and certain developments that do not require the posting of signage as a notice against trespassing. See the next section.

Subchapter 1 – General Provisions § 5-39-101. Definitions

…
(C) A person who enters or remains upon unimproved and apparently unused land not fenced or otherwise enclosed in a manner designed to exclude an intruder does so with license and privilege unless:
(i) Notice not to enter or remain is personally communicated to the person by the owner or a person authorized by the owner; or
(ii) Notice is given by posting in a conspicuous manner;
…

Is Fencing Required to Protect Property?

Sometimes. Fencing can count as a notice against trespass so long as the fencing is considered sufficient for the task under Arkansas state statute 2-39-101.

Crossing or breaking fencing to access a property will always count as trespassing even without specific signage or specific notice so long as the signage meets the requirements, which are lengthy, and detailed in the statutes.

Notably, the aforementioned affirmative defense against trespassing mentioned above regarding the pursuit of pets or livestock does not cover civil charges against any damage done to fencing.

What Other Marks Indicate “No Trespassing”?

There are specific paint markings that can be utilized for demarcating land in lieu of posted signage.

Arkansas has highly specific requirements for the use of this paint, including its color, its placement, and its specific characteristics.

The paint must be purple in color and placed on trees or posts around the perimeter of the property in vertical bands or stripes that are at least 8 in long between 3 and 5 feet off the ground, no more and no less.

They must also be placed at each road entrance to the property and no more than 100 feet apart elsewhere along the perimeter of the property.

For cultivated land, orchards, and pasture land all of the above requirements apply, only this time the markings may be no more than 1,000 feet apart.

Not for nothing, the specific chemical composition, and type of the paint is also legally important, so make sure you check in with the Arkansas Forestry Service for the details.

Can Solicitors Ignore “No Trespassing” Signs?

No. Though one should keep in mind that Arkansas has its own legal requirements for posting no trespassing signs, and signs that do not meet the legal requirements will not have the backing of law in most cases.

Also keep in mind that many private and public personnel who are going about their legally appointed duties and service of the county, city, or state, as subcontractors or direct employees may be able to ignore any posted no trespassing signs regardless.

Can Trespassing Result in Arrest in Arkansas?

Yes, it can. Keep in mind that most misdemeanor charges of trespassing will only take place if a person is either told to leave when found on the property unlawfully or when previously served or acting in defiance of posted signs or markings.

Said another way, if a person is trespassing on vacant, unposted land, and discovered they will not be arrested straight away for trespassing barring any other criminal activity.

In such a case, if the person refused to leave after being told to depart by the owner, owner’s agent or law enforcement then they could be arrested.

However, any instances of felony trespassing, trespassing with the intent to commit any crime, or trespassing upon residential property might well result in arrest.

Can You Take Someone to Court for Trespassing?

Yes. Trespassing, especially aggravated or repeat trespassing that results in damage, disturbance or breach of privacy means you have a court case in Arkansas, assuming of course that the state does not choose to press charges.

Special Instances of Trespassing in Arkansas

Arkansas has an affirmative defense to the charge of trespassing if a person is only entering upon posted or fenced land for the purposes of retrieving a dog or livestock.

Note that a person doing so is still civilly liable for any damages caused during the capture of the animal!

Subchapter 3 – Offenses Involving Posted and Enclosed Land § 5-39-305. Criminal trespass on premises located in unincorporated area

…
(e) (1) It is an affirmative defense to prosecution under this section if the person who enters the premises of another person is:
(A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and
(B) Either:
(i) The owner of the livestock, dog, or other domesticated animal; or
(ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal.

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Louisiana State Trespassing Laws

No one wants to deal with trespassers on their property. The idea that someone is on our land, and shouldn’t be, is enough to offend anybody. But you cannot fly off the handle just because someone is trespassing.

Understanding trespassing laws and where they intersect with your rights is essential for dealing with trespassers while staying legal and ethical.

Furthermore, understanding your home state’s trespassing laws is imperative to avoid trespassing upon the land of anyone else.

Every state has its own interpretation and variations when it comes to trespassing laws, and the State of Louisiana is no exception.

At the end of the day, Louisiana’s laws are entirely sensible, but it is unfortunate for lay people without a legal background that the statutes are extremely lengthy and sort of difficult to find your way around without a seasoned professional at your side.

We are here to help with that problem by providing you with this useful guide that will familiarize you with the most important parts of Louisiana’s trespassing laws.

Louisiana Trespassing Law Overview

• Louisiana has a progressive penalty schedule in regards to trespassing; repeat offenses will incur greater and greater penalties.
• Signage and fencing are not required for posting property in Louisiana, but they are generally a good idea for protecting your own.
• Louisiana allows property owners to mark the boundaries of their property using purple paint in addition to signs or fencing.
• Louisiana strictly prohibits the use of drones for filming property or the activities of people on the property.

What Constitutes Trespassing in Louisiana?

Louisiana generally defines criminal trespass as entering in or remaining upon any immovable property, structure, or vehicle owned by another person without their express permission or legal authority.

Is also defined as remaining upon or in any such property after obtaining permission when such permission is revoked and being told to depart by the owner or the owner’s authorized agent.

You can read all about this and much more in Louisiana’s Section 63 of the state statutes. Note that this is a very long section, and we will only be showing relevant snippets here throughout the article.

It is highly recommended that you take the time to read the entirety of the section for yourself after completing this guide.

§63. Criminal trespass

A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.
B.(1) No person shall enter upon immovable property owned by another without express, legal, or implied authorization.
(2) For purposes of this Subsection, the phrase “enter upon immovable property” as used in this Subsection, in addition to its common meaning, signification, and connotation, shall include the operation of an unmanned aircraft system as defined by R.S. 14:337 in the air space over immovable property owned by another with the intent to conduct surveillance of the property or of any individual lawfully on the property.
(…)
C.(1) No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.
(2) For purposes of this Subsection, the phrase “remain in or upon property” as used in this Subsection, in addition to its common meaning, signification, and connotation, shall include the operation of an unmanned aircraft system as defined by R.S. 14:337 in the air space over immovable property owned by another with the intent to conduct surveillance of the property or of any individual lawfully on the property.
…

Does Louisiana Require “No Trespassing” Signs?

No, posted signage is not required by the section concerning criminal trespassing, but this same section also notes that any such posted signage counts as notice that entrance is prohibited.

Read it for yourself in paragraph J of section 63 below:

§63. Criminal trespass

J. Although not required by this Section, notice that entrance upon any structure, watercraft, movable, or immovable property owned by another is prohibited may be indicated by either of the following:
(1) A sign or signs posted on or in the property at a place or places where such sign or signs may be reasonably expected to be seen.
…

Is Fencing Required to Protect Property?

No. Similar to posted signage, above, fencing is not strictly required for you to have the force of law behind you when it comes to deterring or prosecuting trespassers.

However, any fencing that is designed to preclude human entry in effect counts as notice against entry in Louisiana.

What Other Marks Indicate “No Trespassing”?

Paint markings. Louisiana is one of several states that have incorporated what are frequently referred to as purple paint laws in the statutes concerning trespassing.

Broadly speaking, these laws allow property owners to mark the balance of their property on posts or trees using, typically, vertical paint markings that are purple in color. That’s the reason for the name!

Louisiana’s versions of these laws are very similar to most other states that use them, specifically that they must be at least 8 inches tall and 1 inch wide, vertically oriented, and placed at about eye level on the post or tree, no less than three feet and no more than 5 feet off the ground.

Each of these markings must be placed no more than 100 feet apart in forested areas.

The exact text that is relevant has been taken directly from section 63:

§63. Criminal trespass

(…)
(2) The placement of identifying purple paint marks on the trees or posts on the property, provided that such marks are:
(a) Vertical lines of not less than eight inches in length and not less than one inch in width.
(b) Placed so that the bottom of the mark is not less than three feet from the ground nor more than five feet from the ground.
(c) Placed at locations that are readily visible to any person approaching the property and no more than one hundred feet apart on forest land, as defined in R.S. 3:3622, or one thousand feet apart on land other than forest land.
…

Can Solicitors Ignore “No Trespassing” Signs?

No. Posting a no-trespassing sign at any entrance to your property, developed or undeveloped, residential or otherwise, serves as a notice against solicitors.

Can Trespassing Result in Arrest in Louisiana?

Absolutely, yes. Although simple criminal trespass usually only results in a violation and a fine, Louisiana has a progressive scale when it comes to punishments.

Repeat offenses can definitely be punished by arrest, and any trespassing that is done in furtherance of a crime or that results in damage could likewise result in arrest.

Can You Take Someone to Court for Trespassing?

Yes. Although before you get bent out of shape and want to hold somebody in civil court over trespassing on your land, know that Louisiana does make exceptions against charges of trespassing and certain specific instances.

For example, when someone is carrying out their duly appointed duties, or are trespassing only with the express purpose of collecting livestock or other domestic animals that have escaped and wandered onto someone else’s land, so long as they do no damage and leave immediately after securing the animal.

Check out paragraph F in section 63 for more:

§63. Criminal trespass

F. The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:
(…)
(5) The owner of domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock.
(6) The owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person.

Special Instances of Trespassing in Louisiana

Lots. Too many to talk about in this short guide, but perhaps the most important is regarding the use of drones for aerial surveillance of private property or the people on private property without the express permission of the property owner.

Louisiana is very serious about this subject, and the fact that you have a drone airborne with a camera transmitting to a base station or just recording to internal memory might be enough to fall afoul of the stature, so all of you drone operators take care while you are in the state.

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New Mexico State Trespassing Laws

No matter where you live, and no matter whether you own your own home, or any other property, or just rent it is definitely in your best interest to learn your state’s trespassing laws.

flag of New Mexico

Only by seeking to learn these laws will you know exactly where your rights start and stop when it comes to keeping people off of your property, and just as importantly what you need to do for the law to back you up.

Although the trespassing laws in the United States are largely similar from coast to coast there is still considerable variation between the states, as with all things.

Looking at New Mexico, for instance, you’ll be happy to see that the laws are entirely logical and easy to understand, with the only potential snag being the specific size and lettering requirements for posting no-trespassing signs. Other than this, there is a lot to like about their clear, clean laws.

Keep reading and we will tell you everything you need to know about New Mexico’s trespass statutes…

New Mexico Trespassing Law Overview

• Trespassing is always a misdemeanor in New Mexico.
• Criminal trespassing in the state is defined as entering property with posted signage or entering property after having being specifically barred from entry.
• Posted signage must adhere to size and font requirements, and include specific information, in the state of New Mexico.

What Constitutes Trespassing in New Mexico?

New Mexico defines criminal trespassing as knowingly entering or remaining upon posted private property without possessing written permission from the owner, owner’s agent or any other person in lawful control of the land.

Note that it specifies written permission! If you have obtained permission to be on someone else’s property for any purpose, you should get it in writing and keep it on you just in case.

You can read about all of this for yourself in section 30-14-1, relevant sections included below for your convenience:

30-14-1. Criminal trespass.

A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if:
(1) the owner or person in control of the land has entered into an agreement with the department of game and fish granting access to the land to the general public for the purpose of taking any game animals, birds or fish by hunting or fishing; or
(2) a person is in possession of a landowner license given to him by the owner or person in control of the land that grants access to that particular private land for the purpose of taking any game animals, birds or fish by hunting or fishing.
B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entry ways.
C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian thereof.
(…)
E. Whoever commits criminal trespass is guilty of a misdemeanor. Additionally, any person who violates the provisions of Subsection A, B or C of this section, when in connection with hunting, fishing or trapping activity, shall have his hunting or fishing license revoked by the state game commission for a period of not less than three years, pursuant to the provisions of Section 17-3-34 NMSA 1978.
…

Does New Mexico Require “No Trespassing” Signs?

New Mexico does not strictly require posted no-trespassing signage for the law to back you up, but it is necessary unless you have specifically notified a person that they have no permission to enter your property.

In fact, one of the statutes makes mention that a notice of no consent to enter is deemed sufficient evidence to the courts so long as such signs are placed at every entrance to the property.

In short, it is in your best interest to post all private property against trespassing if you care about such things, but you must make sure that your signage adheres to the requirements also set down in the New Mexico statutes. See below in section 30-14-6:

30-14-6. No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.

A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.
B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without permission of the owner, lessee, person in lawful possession or his agent. The notices shall:
(1) be printed legibly in English;
(2) be at least one hundred forty-four square inches in size;
(3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;
(4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and
(5) where applicable, state any specific prohibition that the posting is directed against, such as “no trespassing,” “no hunting,” “no fishing,” “no digging” or any other specific prohibition.
…

Is Fencing Required to Protect Property?

No, fencing is not required to qualify criminal trespass in the state of New Mexico. As mentioned above, signage is very important however.

What Other Marks Indicate “No Trespassing”?

None. You cannot use paint marks of any color to give notice against trespassing in New Mexico, unlike some other states.

Even though individuals might know what such markings mean, be they made of orange or purple paint on trees or posts, they have no force of law backing them. Don’t waste your time.

Can Solicitors Ignore “No Trespassing” Signs?

Generally no, although there is not much precedent in New Mexico for solicitors being prosecuted in suburban or urban areas for ignoring no-trespassing signage. However, they can never ignore a closed or barred fence or gate around a driveway or sidewalk.

Can Trespassing Result in Arrest in New Mexico?

It absolutely can, yes. All forms of criminal trespass in New Mexico are misdemeanors, and though misdemeanors are rated as a lesser crime than felonies, they are still crimes complete with serious fines and potential jail sentences.

You should never, ever knowingly trespass on someone else’s land, even if you were just walking on it for no particular purpose.

It goes without saying that trespassing that is done in the furtherance of a crime or the purpose of committing a crime will entail far more severe punishments.

Read about it for yourself in 30-14-1.1:

30-14-1.1. Types of trespass; injury to realty; civil damages.

A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.
B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor.
C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.
D. In the event any person enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, he shall be liable to the owner, lessee or person in lawful possession for damages in an amount equal to double the amount of the appraised value of the damage of the property injured or destroyed.
…

Can You Take Someone to Court for Trespassing?

Yes. Anyone who trespasses on your property in defiance of posted signage, anyone who trespasses that results in damage to fencing or other property, or anyone who trespasses in furtherance of some other crime or does so in order to stalk or harass you definitely gives you grounds for hauling them into court.

Special Instances of Trespassing in New Mexico

New Mexico does not have many special statutes on trespassing, but it is worth pointing out section 30-14-8 which covers breaking and entering.

Specifically, breaking and entering consists of the unauthorized entry of a vehicle, watercraft, dwelling, or other structure, be it movable or immovable, obtained by the breaking or dismantling of any part or via fraud or deception. It is that last part you’ll want to be especially careful of!

Breaking and entering is a felony, so if the law construes your entry into any dwelling or any vehicle as being done by deception you could be facing serious charges.

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Kansas State Trespassing Laws

Trespassing is often thought of as a very minor crime, but it can turn out to be really serious business, especially if it is done in furtherance of another crime or is done wantonly.

It is especially important that all citizens learn and understand property and trespassing laws both so that they can avoid accidentally trespassing on the property of others, and also so they may protect their own dwelling and lands against trespassers.

Kansas is a state with generally clear and easy-to-understand trespassing laws, and aside from a few intricacies regarding fencing and signage they should make sense to pretty much everyone.

This article will serve as your entry-level guide to understanding Kansas trespassing law, and where appropriate we have included the exact text of the state statutes so that you can read it for yourself.

Kansas Trespassing Law Overview

• Trespassing laws cover dwellings, other structures, vehicles, and undeveloped land.
• Depending on the property, posted signage or fencing may be required for the law to back you up if someone trespasses on your property.
• Trespassing on any railroad property is a substantial crime compared to other kinds of trespassing in Kansas.

What Constitutes Trespassing in Kansas?

Kansas law sticks to the broadly traditional interpretation of a criminal trespassing throughout the state statutes.

The statutes defined criminal trespass as the entering in or remaining upon any land, body of water, structure, or vehicle (including aircraft and boats) by any person who is not authorized or privileged by law to do so, or who does so in defiance of an order to stay out and away or to leave the premises by the property’s owner or other authorized agent of the owner.

Note that for criminal trespass charges to apply, the person must be specifically notified against doing so either directly or in writing, or by the property being posted against trespassers, fenced, blocked or otherwise enclosed in such a way as to preclude unhindered access.

You can read the most relevant part of the law in section 21-5808 below:

21-5808. Criminal trespass.

(a) Criminal trespass is entering or remaining upon or in any:
(1) Land, nonnavigable body of water, structure, vehicle, aircraft or watercraft by a person who knows such person is not authorized or privileged to do so, and:
(A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person;
(B) such premises or property are posted as provided in K.S.A. 32-1013, and amendments thereto, or in any other manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or
…

Does Kansas Require “No Trespassing” Signs?

Yes, in some instances. First, if you want to post your land against the taking of wildlife by hunters, including fishermen and trappers.

Second, if you reread the statutes in the first section you will see that the posting of land in accordance with 32-1013 is required to charge someone with trespassing and the absence of direct notification verbally or in writing.

The relevant excerpt of 32-1013 is below:

32-1013. Taking wildlife without permission on land posted “by written permission only”; penalties. 

(a) Any landowner or person in lawful possession of any land may post such land with signs stating that hunting, trapping or fishing on such land shall be by written permission only. It is unlawful for any person to take wildlife on land which is posted as provided in this subsection, without having in the person’s possession the written permission of the owner or person in lawful possession thereof.
…

Is Fencing Required to Protect Property?

Yes, in some instances. In the same way that the posting of signage is required, fencing or other enclosures against entry may serve as a substitute for notification against trespassing.

What Other Marks Indicate “No Trespassing”?

Notably, Kansas is a state that has what are popularly known as purple paint laws.

These laws, broadly speaking, allow paint markings to be placed on posts or trees to notify people against trespassing.

Specifically, Kansas law allows 8 inch or longer vertical lines of a purple paint to be placed on post or trees at around eye level of between 3 and 5 feet from the bottom of the tree or post.

So long as they are readily visible to anyone approaching the property, they can serve instead of fencing or specific no trespassing signage.

You can read the specifics on these markings and the latter half of 32-1013.

32-1013. Taking wildlife without permission on land posted “by written permission only”; penalties.

(…)
(b) Instead of posting land as provided in subsection (a), any landowner or person in lawful possession of any land may post such land by placing identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such paint marks shall be readily visible to any person approaching the land. Land posted as provided in this subsection shall be considered to be posted by written permission only as provided in subsection (a).
…

Can Solicitors Ignore “No Trespassing” Signs?

No. If your property, residential or otherwise, has been posted against trespassing solicitors cannot just ignore it.

Now, it is unlikely for otherwise harmless solicitation to result in the arrest of the person doing the soliciting, but you could definitely have a case for taking them to court if you really wanted to press the issue.

Can Trespassing Result in Arrest in Kansas?

Absolutely. Though most forms of trespassing are merely misdemeanors in the state of Kansas, these misdemeanor charges can result in a substantial fine and even a lengthy stay in jail.

You should never trespass on someone else’s land knowingly for this reason, and you don’t have to put up with anyone trespassing on your land or other property for any reason.

Can You Take Someone to Court for Trespassing?

Yes. Trespassing is a crime, and especially aggravated violations in the form of repeat offenses, trespassing with malice or the intent to further or commit a crime, or a history of trespassing can easily result in grounds for a case if you want to take someone to court.

This is not to say, however, that you did not worry about being dragged to court yourself just because you have never trespassed before or because you didn’t damage anything while trespassing on someone else’s land.

Special Instances of Trespassing in Kansas

Trespassing on railroad properties may result in felony charges in the state of Kansas.

This is defined as entering or remaining upon any railroad property knowing that is our own property, or doing anything recklessly that causes the derailment of a train, rail car, or other rail-mounted equipment.

Also considered trespassing on a real-world property is interfering in any way with the lawful use of a private or public railroad crossing.

Railroad property is defined as, but not limited to specifically under the statutes, as any train, locomotive, railroad car, caboose, rail-mounted equipment, rolling stock, working equipment, switches, signals, safety devices, microwave communication equipment, tracks, bridges, and right of ways.

Also keep in mind that trespassing on railroad property does not require specific notification, defeating of gates, fences, or other barriers, or entering in defiance of signage for you to be charged.

Basically, if you know, or even suspect, that is railroad property or equipment you had better stay well away from it unless you have a specific reason and permission to be there.

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