§ 5-39-305 - Criminal trespass on land located in unincorporated area.
5-39-305. Criminal trespass on land located in unincorporated area.
(a) (1) A person shall not enter without written permission of the owner or lessee upon another person's land located outside the boundary of any city or town if that land is either:
(A) Lawfully posted;
(B) Crop land; or
(C) Enclosed with a fence sufficient under 2-39-101 et seq.
(2) The posting of land is not a requirement under this section.
(b) (1) Any person who violates this section is deemed guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100).
(2) However, a violation of this section is a Class B misdemeanor if the property was posted pursuant to the laws of this state.
(c) It is an affirmative defense to a prosecution that:
(1) The person did not knowingly enter upon another person's land;
(2) The person was a guest or invitee;
(3) The person was required to enter upon the premises of another person for a business reason or for health and safety reasons;
(4) The person was authorized by law to enter upon the land; or
(5) The privately owned land was made open to the public.
(d) (1) This section does not apply to public land.
(2) This section does not apply to a law enforcement officer in the line of duty.
(e) Nothing in this section repeals any law concerning posting of land or trespass.