The love for exploration is human nature. So, there are times you may want to discover what’s on the other side of the fence. Unfortunately, crossing to the other side of the fence could mean being at risk of facing trespassing charges.
Typically, trespassing refers to the entry of another person’s or entity’s property without authorization. In all states, trespassing is a crime that is punishable by fines and jail time.
This guide focuses on trespassing laws in Myrtle Beach, South Carolina, and how you can avoid charges.
What Exactly Is Criminal Trespassing in Myrtle Beach
In South Carolina, Myrtle Beach included, a person cannot be charged with trespassing unless they have been served a notice of trespass. This means entering another person’s property when you do not have notice of trespass may not amount to trespass.
However, if you enter and the owner asks you to leave but fails to heed the warning, the defendant has a right to call the police on you for trespassing. The only exception is if you have a legal right to be there, for example, when a law enforcement officer is executing their constitutionally mandated duties.
Under South Carolina law, trespass is a misdemeanor punishable by a fine or up to 30 days in jail for first-time offenders. For repeat offenders, the penalties can be much higher. If you are facing trespass charges in North Carolina, working with an experienced trespass lawyer is vital to minimize your chances of a conviction.
Situations That May Give Rise to Trespass Charges on Private Property
Under South Carolina law, entering another person’s property after receiving a written or verbal notice against trespassing is a crime. If the part of the property where the trespass has occurred is pasture land, posting signs prohibiting trespass in the area is sufficient to warrant an arrest of someone that gets into the property.
If the defendant’s motive for entering another’s property is to gather resources such as fruit, flowers, game, or fish, they will be guilty of trespassing even when it is their first time on the property.
Growing marijuana on private land is not uncommon in South Carolina, especially in large tracts of inhabited land. If you face a trespassing charge under such circumstances, you could be looking at fines of up to $5,000 and jail time not exceeding five years.
Another situation that can give rise to a trespass charge in South Carolina is entering a gated compound between 6 pm to 6 am while there is a visible sign warning against trespassing.
What a Conviction Means
First-time offenders rarely get anything more than a fine after a conviction for trespassing. While it may sound like a slap in the wrist for many people, it can have far-reaching consequences on a person’s life because the conviction can remain on a criminal record for up to 10 years.
South Carolina law allows employers to reject job seekers based on their criminal history, even for minor crimes such as trespassing on your record. They can also terminate an existing employee if a background check reveals they have a criminal history.
How to Avoid Trespassing Charges
The best way to ensure you avoid trespassing is to stay off privately owned property if you do not have the owner’s consent. There could be situations where you could trespass accidentally. Under such circumstances, getting off another person’s property would be best as soon as you realize you are trespassing.
If you happen to stumble upon the property owner and they ask you to leave, it’s best to leave. If, after verbal communication from the property owner or their representative, you still stay at the property, the property owner has a right to call the police on you.