South Dakota Tree Protection Law
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Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.
A person who uses or threatens to use deadly force in ance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be.
(9) Class 6 felony: two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both.
43-16-4. Ownership of tree on land determined by the location of its trunk. Trees whose trunks stand wholly upon the land of one owner, belong exclusively to him, although their roots grow into the land of another. Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
Possession of 2 ounce or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. Possession of more than 2 ounce ? 0.5 lb is a Class 6 felony, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $4,000.
Codified Law 22-35 | South Dakota Legislature. 22-35-5 Criminal trespass--Violation as misdemeanor. 22-35-6 Entering or refusing to leave property after notice--Misdemeanor.
