South Carolina Criminal Trespass Law
Lexington Trespass Defense Attorney


South Carolina's trespassing law is a criminal statute. It is codified in S. C. Code § 16-11-620. Although it is a misdemeanor, prosecuted typically in the Magistrate or Municipal Court, first time offenders can be fined up to $1,000 or sentenced to up to thirty days in the county jail.

In addition to the fine and/or jail sentence you could receive if convicted you will also face having a criminal record that could follow you for the rest of your life. In South Carolina employers are allowed to either not hire you or terminate existing employment on the basis of a criminal conviction such as for trespassing.

Trespass is the unauthorized entry onto the land or building of another. The law applies to private residences, commercial buildings and land. The trespass statute makes it unlawful to enter onto the property without permission of the owner or person in possession of the property after either being warned not to enter or being asked to leave.

Generally it is not against our criminal law to be on someone else's property without permission. It only becomes a criminal act when they have either posted signs, asked you to leave or previously told you (either orally or in writing) not to come on the property. Trespass charges can also be based on situations where someone has climbed over a fence.

Although often times trespass charges are accompanied by other charges, such as burglary or larceny, there is no requirement that the defendant have an ultimate criminal objective.

Defendant's should also keep in mind that although the criminal statute for trespassing carries a limited fine, facts sufficient to constitute an arrest or criminal conviction will also support a civil action for trespass. Civil cases are brought in the form of a private lawsuit, and do not involve the police or criminal court. Although restitution is generally limited in criminal cases to no more than $5,000 (plus the fine and/or jail sentence) - there is no cap on what a civil court could award in damages.