§61-3B-3 Trespass on property other than structure or conveyance.
§61-3B-3. Trespass on property other than structure or conveyance.
(a) It is an unlawful trespass for any person to knowingly, and without being authorized, licensed or invited, to enter or remain on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing or cultivation.
(b) First offense conviction. -- Upon a first trespassing conviction pursuant to subsection (a):
The person is guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.
(c) Second offense conviction. -- Upon a second trespassing conviction pursuant to subsection (a):
The person is guilty of a misdemeanor and shall be fined not less than $500 nor more than $1,000.
(d) Third offense conviction. -- Upon a third and subsequent trespassing conviction pursuant to subsection (a):
The person is guilty of a misdemeanor and shall be fined not less than $1,000 nor more than $1,500.
(e) If the offender defies an order to leave, personally communicated to him by the owner, tenant or agent of such owner or tenant, or if the offender opens any door, fence or gate, and thereby exposes animals, crops or other property to waste, destruction or freedom, or causes any damage to property by such trespassing on property other than a structure or conveyance, he shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 or imprisoned in the county jail for a period not to exceed six months, or both such fine and imprisonment.
(c) If the offender is armed with a firearm or other dangerous weapon with the unlawful and felonious intent to do bodily injury to a human being during his commission of the offense of trespass on property other than a structure or conveyance, such offender shall, notwithstanding section one, article seven, chapter sixty-one of this code, be guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county jail for a term not to exceed six months, or fined not more than $100, or both such fine and imprisonment.
(d) Notwithstanding and in addition to any other penalties provided by law, any person who performs or causes damage to property in the course of a willful trespass shall be liable to the property owner in the amount of twice the amount of such damage. However, this article shall not apply in a labor dispute.