State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
SENATE AGRICULTURE AND NATURAL RESOURCES
ENGROSSED NO. SB 183 - 02/14/2013
Introduced by: Senators Brown, Frerichs, Maher, Rave, and Sutton and Representatives
Cronin, Olson (Betty), and Schrempp
FOR AN ACT ENTITLED, An Act to revise provisions relating to hunting trespass and to
increase certain penalties for trespassing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-9-1 be amended to read as follows:
41-9-1. Except as provided in § 41-9-2, no person may fish, hunt, or trap upon any private
land without permission from the owner or lessee of the land. Under the terms of this section,
a person in possession of a valid hunting license and a firearm is deemed to be hunting if the
person is traveling by foot or motor vehicle upon or across private land in an attempt to locate,
flush, drive, pursue, or take game or is en route to a hunting destination.
A violation of this
section is a Class 2 misdemeanor and is subject to § 41-9-8.
Section 2. That § 41-9-8 be amended to read as follows:
41-9-8. Any person who knowingly enters or remains on private property for the purpose
of hunting, fishing, or trapping, in violation of § 41-9-1 or 41-9-2, shall lose hunting, trapping,
or fishing privileges for
one year two years
following the conviction. The sentencing court may
order the revocation of hunting, fishing, or trapping privileges authorized by this section to be
served consecutively with any other revocation of the person's hunting, fishing, or trapping
privileges imposed for a violation for which the person is convicted and for which revocation
of the privileges is authorized under this title. If the person is the holder of a license to hunt,
trap, or fish, the court shall require the license holder to surrender and deliver the license to the
court to be returned to the Department of Game, Fish and Parks. For the purpose of this section,
the term, guilty, has the same meaning as the term, conviction, in § 32-12-53.
Unarmed retrieval of lawfully taken small game from either private land or land controlled
by the Department of Game, Fish and Parks or other public lands, is not a crime or petty offense,
if the retrieval of the small game does not involve the use of a motor vehicle.
It is a Class 2 misdemeanor for any person, while engaged in the retrieval of small game
from private land without permission of the landowner or lessee of the land, to intentionally
drive or flush any small game located on the land toward other hunters of the retriever's same
hunting group located on other parcels of land or rights-of-way. It is a Class 2 misdemeanor for
any person, who is a member of the same hunting group as the person performing the retrieval
without the permission of the landowner or lessee of the land, to intentionally discharge a
firearm at small game, except waterfowl, that originates from the private land during the
This section does not limit the civil remedies available to any landowner.