No person may, without consent, and with the intent to obstruct the enterprise conducted at an agricultural production facility, enter or remain on the agricultural production facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. Notice includes communication by the owner or any person with apparent authority to act for the owner, fencing, other enclosures designed to exclude trespassers or to contain animals, or a sign posted on the property or at the entrance to the agricultural production facility indicating that entry is forbidden. This section does not apply to lawful activities of a governmental agency or emergency service carrying out its duties under law.
S.D. Codified Laws § 40-38-3
Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions
Applied in 1 court decision — leading case 45 F. Supp. 3d 1043 - Christensen v. Quinn (2014)
Most recently applied in 45 F. Supp. 3d 1043 - Christensen v. Quinn (September 2014)
Source: SL 1992, ch 291, § 3; SL 2025, ch 173, § 4.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.