What Is Criminal Trespass in South Carolina?

Criminal trespass in South Carolina occurs when someone intentionally enters or remains on another person’s property without their permission. This includes situations where the trespasser has been clearly informed not to enter the property, has ignored posted signs (“No Trespassing” signs) showing that entry is forbidden, or remains on the property after being asked to leave (South Carolina Code § 16-11-620).

Trespass offenses in South Carolina may be broadly classified as follows:

• Trespassing on private property: This involves occupying houses, land, commercial buildings, and other property without permission.
• Trespassing on posted or enclosed/fenced land with posted signs warning of prohibited entry: This may be hunting land or any land that is posted with "no trespassing" or other signs.
• Trespassing on public property: This may be schools, churches, parks, or other public property.

According to § 16-11-600, entering a property after the owner or tenant has given notice not to enter (posted signs, "purple paint" markings, or a prior verbal or written warning) constitutes a misdemeanor.

How to Look Up Public Criminal Trespass Records in South Carolina

Interested parties may look up criminal trespass records in South Carolina using the following resources:

South Carolina Public Index: Using a case number, party name, or tax map number, requesters may search trial court case records via the South Carolina Judicial Branch's "Public Index". Basic docket and case entries (court case number, parties involved, filing date, and status, etc.) are public (free), but copying and certification fees may apply.

Statewide Criminal History Check: Interested parties may conduct a name-based search of criminal records (for a non-refundable fee of $25) through the South Carolina Law Enforcement Division (SLED) "CATCH" (Citizens Access to Criminal Histories) database. Searches usually display criminal records submitted through fingerprinting. However, some records may not appear if they are only name-based or have not yet been processed.

County or Clerk's Office: In situations where online records are incomplete or believed to be outdated, information seekers may contact the Clerk of Court's office in the county where the alleged trespass occurred. To obtain actual copies of court documents, requesters typically have to submit an in-person request and pay copying fees.

Types of Criminal Trespass Offenses

South Carolina law recognizes several types of criminal trespass offenses, depending on the severity of the act and where it occurred. Some of the most common types of criminal trespass include:

• Trespass on land after notice (§ 16-11-600): This involves entering someone's land after notice from the owner or tenant forbidding such entry. This is a misdemeanor under state law.
• Trespass after notice (§ 16-11-620): This is the most popular type of trespass. Classified as a misdemeanor, this offense involves entering or remaining after being instructed not to, or after noticing posted signs or "purple paint" markings.
• Trespass on enclosed or fenced property at night (§ 16-11-640): This provision involves unauthorized entry into a private property between 6.00 p.m. and 6:00 a.m. by anyone who is not an occupant, owner, or invitee. Although classified as a misdemeanor, this type of trespass may result in harsher punishments due to the safety and security concerns it raises.

Other specialized trespass laws include those concerning railroads (S.C. Code § 58-17-4096), utilities (S.C. Code § 16-11-740, 16-11-750, and 16-13-385), or schools (S.C. Code § 16-11-620). Penalties for specialized trespass offenses may increase if property damage or intent to commit another crime is proven.

Although criminal trespass cannot, on its own, constitute a felony under South Carolina law, the presence of related crimes, such as burglary or malicious injury, may lead to additional charges.
Individuals wishing to understand how trespassing fits into the broader categories of offenses in the state may review the guide on types of crimes in South Carolina.

Penalties for Criminal Trespass in South Carolina

Typically, most South Carolina criminal trespass offenses are classified as misdemeanors and are heard in magistrate or municipal courts. The standard penalty for entering after notice or refusing to leave on request under S.C. Code § 16-11-620 is a jail term of up to 30 days or a fine of up to $200.

Trespass on enclosed or fenced property at night (between 6.00 a.m. and 6.00 p.m.) carries the standard penalty for trespassing in addition to any other penalties provided under other trespass or unlawful entry statutes.

Under South Carolina law, criminal trespass is a misdemeanor and cannot, on its own, rise to the level of a felony. However, penalties and exposure may increase if the offense is connected to other crimes (e.g., burglary, malicious injury, or repeated violations). Being armed, causing damage, or returning after prior warnings are other factors that may trigger different offenses or enhancements.

Can You Be Arrested for Criminal Trespass in South Carolina?

Yes. Under S.C. Code § 17-13-30, sheriffs and deputies may arrest someone without a warrant for offenses committed in their view. This means officers may arrest someone who unlawfully enters or refuses to leave a property with a posted sign warning against unauthorized entry.

Suppose a trespass offense has just been committed within moments of law enforcement's arrival. In that case, a warrantless arrest may be justifiable under the Supreme Court's limited probable cause ("freshly committed") doctrine. Arrests for misdemeanors not witnessed by officers in South Carolina typically require a warrant.

How Criminal Trespass Differs from Burglary or Breaking and Entering in South Carolina

In South Carolina, criminal trespass involves being on property without permission after notice (by signs, purple paint markings, or a direct warning) or refusing to leave (S.C. Code §§ 16-11-600, 16-11-620). This is an offense even if the trespasser has no intention of committing another crime. Simply being in a place where one lacks the license or privilege to be is sufficient to warrant a trespass charge.

In contrast, burglary, as defined in § 16-11-311, 16-11-312, and 16-11-313, requires entering a building or dwelling without consent with the intent to commit a crime inside. Penalties typically increase based on the severity of the trespass offense (degree). South Carolina's Criminal Code does not have a general "breaking and entering" offense. Most new laws define burglary by degree (i.e., first-, second, and third-degree burglary) and impose fixed penalties. Breaking and entering is not a required element of burglary. However, aggravating factors matter.

Compared to criminal trespass, burglary is a more serious offense because it involves the intent to commit a crime. This explains its classification as a felony, regardless of the offense's degree.

Can a Criminal Trespass Charge Be Dismissed or Reduced in South Carolina?

Yes. South Carolina prosecutors often offer defendants diversion or negotiated pleas for first-time, nonviolent offenses such as criminal trespass.

South Carolina's Pre-Trial Intervention (PTI) program is governed by S.C. Code § 17-22-10 through § 17-22-170. Each circuit solicitor (similar to a district attorney in other states) is responsible for administering the PTI in their circuit court. The PTI program allows eligible defendants to complete specified conditions and have their arrest record expunged. Following the successful completion of the program, the solicitor is expected to enter a non-criminal disposition. Thereafter, the defendant may petition to have arrest records expunged.

Eligibility for the PTI depends on factors such as whether justice is served outside the traditional system or if the offender poses a risk to the community. Individuals who have been previously admitted into a diversion program are typically not considered for the PTI.

Besides diversion, prosecutors may offer plea bargains that reduce a trespass charge to a lesser offense or impose fines without jail terms, depending on facts, notice to leave, prior record, and victim input. Individuals whose cases were dismissed, nol-prossed, or acquitted typically qualify for expungement of arrest records under § 17-1-40 (subject to law-enforcement retention "under seal").

Will a South Carolina Criminal Trespass Charge Stay on Your Record?

A South Carolina criminal trespass charge will appear in court files and SLED criminal history reports until it is expunged. State background checks are operated by SLED (fee $25 per name) and are updated whenever an expungement order is processed.

South Carolina law (§ 17-1-40) allows defendants to expunge arrest and booking records of cases that were dismissed, nol-prossed, or acquitted. Once expunged, these cases will no longer appear on public search portals or in background checks. The law, however, allows some agencies to retain limited materials under seal for law enforcement purposes.

For individuals who completed Pre-Trial Intervention (PTI), the solicitor is expected to enter a non-criminal disposition, after which they may apply to have the arrest records destroyed.

Individuals convicted of a summary-level trespass offense, punishable by not more than 30 days and/or a fine up to $1,000, may be eligible to expunge the conviction after three years. However, this depends on applicants not having any subsequent convictions and on their paying all obligations.

Expungement or Record Sealing Options in South Carolina

In South Carolina, the central remedy for removing eligible criminal records from public view is expungement, not general record sealing.

Per § 17-1-40, non-conviction records (dismissals, acquittals, and nolle prosequi) are eligible for expungement. Nonetheless, agencies may retain limited under-seal access for law enforcement.

Individuals who complete PreTrial Diversion may also apply for a court order to destroy related arrest records.

Qualified persons may also apply to the solicitor's office for the expungement of certain low-level convictions under § 22-5-910 and § 17-22-910. Before applying, applicants are expected to undergo a conviction-free waiting period (commonly three years for offenses with a maximum of 30 days and fines up to $1,000).