Trespassing Laws in South Carolina
It’s only illegal to trespass in SC if you’ve been notified by the landowner. But trespassing laws are really complicated—here’s what you need to know.
Written by Bonnie Stinson
Reviewed by Melanie Reiff
Trespassing laws in South Carolina are complicated. It’s always illegal to enter someone else’s pasture or to harvest their raw materials. But it’s not considered trespassing to enter private property unless notice has been given.
With inclement weather patterns and sneaky insects, homeowners in South Carolina already have enough to worry about. But trespassers could cause damage to your personal property—and they could get away with it unless you know how to defend yourself. Whether you’re in Myrtle Beach or Columbia, you could be vulnerable to trespassers.
Here’s a quick guide to trespassing laws in SC from
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What’s considered trespassing in South Carolina?
It is considered trespassing in South Carolina when someone enters a property—private or pasture—after being warned not to enter, either verbally or in writing. This means that it is not actually considered trespassing unless the person is notified by the landowner.
Trespassing on private property
It is considered trespassing to enter private property without the permission of the owner, even if no notice has been posted. However, in this case, the trespasser could easily argue that they did not know entry was unauthorized.
It is always illegal to enter private property in South Carolina to harvest raw materials, plants, or animals or to grow marijuana.
Trespassing on agricultural land
It is illegal to enter livestock pastures in South Carolina after notice from the owner or tenant. Four conspicuous places of notice on the borders of a property are considered enough notice to charge someone for trespassing.
Consequences of trespassing in South Carolina
The state of South Carolina imposes a variety of punishments on trespassers, depending on the type of trespass charges. In any situation, trespassing is considered a misdemeanor under the S.C. code of criminal law.
A trespasser who simply enters a property without permission could face the following consequences:
- Simple trespassing after notice: 0 to $100 fine and up to 30 days in county jail
If someone enters cultivated lands to hunt, fish, trap, or harvest raw materials without permission, this is also considered criminal trespass.
These activities deprive the property owner of some of the value of their land. As such, they carry similar penalties to basic trespassing—but note that this Title in the South Carolina Code does not require posting signage to prosecute for this type of crime:
- First offense: 0 to $200 fine or up to 30 days in jail
- Second offense: $100 to $200 fine or up to 30 days in jail
- Third offense: $500 to $1,000 file or up to 6 months in jail
If the trespasser destroys or damages any fencing or barriers, they could face additional consequences such as a $5-30 fine or between 5 and 30 days in jail.
For altering or removing land markers, the trespasser could face a fine between 0 and $100 and up to 3- days in jail.
If the trespasser has planted at least 25 marijuana plants on someone else’s property, this is considered a felony. It carries a fine of up to $5,000 and up to five years of jail time.
Operating certain motor vehicles unlawfully could carry a fine between 0 and $200. Parking on private property without permission carries no fine, but the owner must pay for the storage and towing fees to retrieve their vehicle.
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How to prevent trespassing on your South Carolina property
You can’t always be present to issue a verbal warning to trespassers—and verbal warnings can be difficult to prove in municipal court. Clear signage on your property will discourage trespassers and give you legal grounds to prosecute if you catch a trespasser.
No trespassing signs
These notifications should be posted every 100 feet and at the corners and entry points of the property. You can purchase “no trespassing” signs online or make your own. They should be highly visible and securely affixed.
Recently, the Governor signed the “purple paint bill” into South Carolina law. This law allows landowners to use clearly visible purple-painted markings to demarcate their property lines. Disclaimer: the marks must be on permanent objects and conform to specific sizing requirements for visibility.
Call law enforcement if you need help dealing with trespassers. It’s also worth getting a free consultation with a law firm to understand your rights. The trespasser will probably hire a criminal defense attorney if you pursue charges.
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FAQs
How do you put someone on trespass notice in SC?
To put someone on trespass notice, you must send them a certified letter through the post office. Make a copy of the letter for your own records. Request a return receipt and restricted delivery. You can
use this form
or get one from your local Sheriff’s office.How long does a no trespassing order last in SC?
SC laws are unclear about how long a trespassing order is valid. It could be anywhere between six months and two years. Displaying “no trespassing” signs on your property is a good backup strategy.
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