5-39-305. Criminal trespass on premises located in unincorporated area.

5-39-305. Criminal trespass on premises located in unincorporated area. (a)(1) A person shall not purposely enter without written permission of the owner or lessee upon another person's premises located outside the boundary of any city or town if those premises are either: (A) Lawfully posted; (B) Crop land or timber land; or (C) Enclosed with a fence sufficient under § 2-39-101 et seq. (2) The posting of premises is not a requirement under this section. (b) Criminal trespass on premises located in an unincorporated area is a: (1) Class D felony if the person has two (2) or more convictions for a Class A misdemeanor violation of this section or § 5-39-203; (2) Class A misdemeanor if: (A) At the time of the criminal trespass on premises located in an unincorporated area, the person is in possession of one (1) or more of the following: (i) A killing device; (ii) A harvesting device; (iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or (iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter; (B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or (C) The person has a prior conviction for a violation of this section; (3) Class B misdemeanor if: (A) The premises involved is an occupiable structure; or (B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102; or (4) Violation with a fine not to exceed one hundred dollars ($100) if otherwise committed. (c) It is an affirmative defense to a prosecution that: (1) The person was a guest or invitee; (2) The person was required to enter upon the premises of the other person for a business reason or for health and safety reasons; (3) The person was authorized by law to enter upon the premises; (4) The privately owned premises were made open to the public; or (5) The person owns or is employed by a person or entity that owns property adjoining the premises and is traveling over the premises with good faith or for a legitimate reason. (d) This section does not apply to: (1) Public land; (2) A law enforcement or wildlife officer acting in the line of duty; or (3) The following persons who are acting in the line of duty or within the scope of their employment: (A) A law enforcement officer; (B) A firefighter; (C) An emergency first responder; (D) An employee of a state agency, court, or school who is tasked with monitoring, supervising, or making direct contact with a minor or the parents of a minor concerning the well-being of the minor; or (E) An employee of a federal, state, or local agency, commission, board, political subdivision, school district, or municipality who has entered onto or remains on the premises for a purpose directly relating to the employee's employment with the federal, state, or local agency, commission, board, political subdivision, school district, or municipality. (e)(1) It is an affirmative defense to prosecution under this section if the person who enters the premises of another person is: (A) Temporarily on the premises of the other person for the sole purpose of recovering livestock, a dog, or any other domesticated animal; and (B) Either: (i) The owner of the livestock, dog, or other domesticated animal; or (ii) An employee or agent of the owner of the livestock, dog, or other domesticated animal. (2) A person who enters the premises of another person as described in subdivision (e)(1) of this section is subject to civil liability for any property damage that occurs in the course of recovering the livestock, dog, or other domesticated animal. (f) This section does not repeal any law concerning posting of land or trespass.