Criminal trespass--Exceptions

Any person who enters or remains upon private property or waters overlying private property in violation of this chapter is guilty of a criminal trespass in accordance with the applicable provisions of chapters 41-9 and 22-35 , except for unarmed retrieval of lawfully taken small game as authorized in § 41-9-8 and subject to any affirmative defense set forth in § 22-35-7 . However, any contact between recreational equipment and private property underlying any nonmeandered lake incidental to a lawful recreational use is not a criminal trespass. Source: SL 2017 (SS), ch 1 , § 18, eff. June 12, 2017.