Can a city cite you for trespassing if no signs are posted?

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Can a city cite you for trespassing if no signs are posted?

I live near Aiken SC and there is a pond nearby
my home in the country. I know the pond is
owned by the city of Aiken and there are no
signs. The gate is locked so I am wondering if
I could still be cited for trespassing by
walking in and fishing even though it is city
land and there are no signs. Thank you for the
response.

Asked on June 15, 2018 under Criminal Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, of course you can be cited for trepassing. Trespassing is nothing more than being on land where you know you don't have a right to be. You know the land is owned by the city; you know it's not a public park since it is gated and locked; you therefore know that it is someone else's property and they don't want you there. That is sufficient for trespassing.


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