22-35-6. Any person individual who, knowing that he or she the individual is not privileged to do so, enters or remains in any place premises where notice against trespass is given, is guilty of a Class misdemeanor. Notice may be given by: (1) Actual communication to the person individual who subsequently commits the trespass; (2) Posting in a manner reasonably likely to come to the attention of trespassers; or (3) Fencing or other enclosure which that a reasonable person would recognize as being designed to exclude trespassers; is guilty of a Class 2 misdemeanor. However, if such trespasser trespasserIf the individual defies an order to leave, leave and not return, personally communicated to him or her the individual by the owner or lessee of the premises or in writing by any other authorized person, person as provided in section of this Act, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor. Only a law enforcement officer as defined in § 23-3-27 or 23-3-27.1, or U.S.C. § 1515 (September 13, 1994), may arrest an individual for a violation of this section. 21