Understanding the Process for Trespass After Notice in South Carolina
By: Morgan Dunn – North Carolina, South Carolina & Georgia Licensed Associate Attorney
with Brownlee Whitlow & Praet
Trespass laws in South Carolina are designed to protect property owners and renters from unauthorized entry or presence on their land. Among the various forms of trespass, “trespass after notice” is one of the most common and clearly defined offenses. Under South Carolina law, it is a misdemeanor criminal offense to remain on or return to private property after being notified not to do so. In addition to being a criminal offense, unwanted entry can also give rise to a civil cause of action for trespass where the plaintiff can recover damages for the unwanted entry. This article outlines the legal framework for trespass after notice, the process of enforcement, and the penalties associated with it.
Legal Definition and Statutory Authority
The criminal offense of trespass after notice is governed by S.C. Code § 16-11-620, which states:
“Any person who, without legal cause or good excuse, enters into the dwelling house, place of business, or on the premises of another person after having been warned not to do so or any person who, having entered into the dwelling house, place of business, or on the premises of another person without having been warned fails and refuses, without good cause or good excuses, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative shall, on conviction be fined not more than two hundred dollars or be imprisoned for not more than thirty days.”
This statute outlines two key elements:
- Entry or remaining on property without permission, and
- Prior notice not to enter or a warning to leave.
The second element is what makes South Carolina a “trespass after notice” state. This means that a crucial first step in trespassing an unwanted person from any premises is to serve the unwanted person with notice.
The law applies to both private and posted property (i.e. property with a “No Trespassing” sign visible to those entering the property), and the warning may be given either orally or in writing. Generally speaking, it is best practice to provide notice in writing.
What Constitutes Legal Notice?
South Carolina law allows several forms of notice:
Verbal Notice:
A property owner or lawful occupant (i.e. resident) may tell an individual directly not to enter or to leave the premises. Although verbal notice may be sufficient notice under SC Code § 16-11-620, written notice is recommended.
Written Notice:
Notice may also be given through a letter, email, or text message, particularly when oral communication is impractical or when documentation is preferred.
What about “Posted: No Trespassing” Signs?
Although signs are not required by statute, SC Code § 16-11-600 makes it a misdemeanor to trespass on “posted” property. “No Trespassing” signs can serve as evidence of prior notice in a prosecution under SC Code § 16-11-620, especially if the defendant was previously seen on the property. Instead of using “No Trespassing” signs, South Carolina property owners can also use a vertical purple paint marking. The marking must be on an immovable object (such as a tree or post), and be at least 8 inches long and 2 inches wide, with the bottom of the mark between 3 and 6 feet above the ground or normal water surface.
Legal Process for Enforcement
1) Issuing Notice to the Trespasser
Before criminal charges can be pursued, the owner or resident must provide some form of warning to the individual. This notice must occur prior to or during the act of trespassing. For example, if a person is seen on the property, the owner or resident can tell them to leave (or serve them with written notice). If the unwanted person returns later or refuses to leave, the offense is complete. Documentation of the warning — whether by recording, written communication, or a witness — can be vital in any legal action.
2) Reporting to Law Enforcement
If the unwanted person ignores the notice and reenters or refuses to leave, the property owner or resident may report the incident to local law enforcement. A responding officer may ask for evidence of the notice (e.g., a message, witness statement, or posted signs) and will determine if the situation merits an arrest or the issuance of a citation. This is why a written notice is recommended.
3) Arrest or Citation
Trespass after notice is a criminal offense classified as a misdemeanor.
A suspect may be:
- Arrested at the scene if they are still present and refusing to leave, or
- Issued a uniform traffic ticket (UTT), which is often used in South Carolina for low-level misdemeanors under SC Code § 22-5-110, or
- The case will then proceed to Magistrate or Municipal Court, depending on the jurisdiction.
Penalties for Trespass After Notice
Under SC Code § 16-11-620, the penalty upon conviction is:
- A fine of up to $100, or
- Imprisonment for up to 30 days, or both.
While this may appear minor, a conviction creates a criminal record, which can have lasting consequences for employment, housing, and other matters.
Defenses to Trespass After Notice
A defendant charged with trespass after notice may raise one or more of the following defenses:
- Lack of notice: If the person was never actually told not to return or to leave, the elements of the offense are not met.
- Lack of intent: If the entry was unintentional or mistaken (e.g., they believed they had permission), this could defeat the charge.
- Legal excuse: For example, emergency responders or utility workers acting within the scope of their duties may have a legal justification for entering private property.
Courts will evaluate these defenses based on the totality of the circumstances, including the credibility of the parties and any documentation presented.
Civil Trespass
In South Carolina, civil trespass involves an unwanted entry onto someone’s private property without permission, after being warned, or failing to leave when asked. The owner can take legal action (i.e. filing a lawsuit) to recover damages related to the entry.
Trespass in the Landlord/Tenant Context
The South Carolina Office of the Attorney General issued an Opinion (hereinafter “Opinion”) addressing a question as to a housing provider’s right to trespass someone who is invited onto the property by a resident. Although the Opinion was published in April 1997, it is still the guiding law on this topic. The Opinion provides that South Carolina law generally protects a guest or invitee of a resident from being charged with trespass – so long as the guest or invitee does not create a nuisance, violate a law, or create a disturbance. However, that general rule can be altered by the Lease (if, for example, the Lease provided that the housing provider maintained the right to control guest access and/or prevent an invitee’s access to the property.) Finally, the Opinion is clear that this general rule applies to subsidized housing too. Trespass is a case-by-case analysis and never can a housing provider trespass anyone without notice.
Conclusion
Trespass after notice in South Carolina is a straightforward but serious criminal offense. Property owners and renters have the right to control access to their land, and individuals who disregard a warning not to enter or to leave may face misdemeanor charges, fines, and possible jail time. Clear notice is the cornerstone of a criminal trespass action, and it forms the legal basis for enforcement. Understanding the process and the law helps both property owners and citizens protect their rights and avoid unnecessary conflict or liability.
*The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information in this article is for general informational purposes only. Information in this article may not constitute the most up-to-date legal or other information. Viewers of this material should contact their attorney to obtain advice with respect to any particular legal matter. No viewer of this material should act or refrain from acting on the basis of information in this presentation without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this article does not create an attorney-client relationship between the reader and Brownlee Whitlow & Praet, PLLC or any contributing law firms. All liability with respect to actions taken or not taken based on the contents of this article are hereby expressly disclaimed.