Utah Code 76-6-206.2. Criminal trespass on state park lands
Current as of: 2024 | Check for updates
|
Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-6-206.2
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) As used in this section:(1)(a)(i) “Authorization” means specific written permission by, or contractual agreement with, the Division of State Parks.(1)(a)(ii) “Criminal trespass” means the elements of the crime of criminal trespass, as set forth in Section 76-6-206.(1)(a)(iii) “Division” means the Division of State Parks created in Section 79-4-201.(1)(a)(iv) “State park lands” means all lands administered by the division.(1)(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits criminal trespass on state park lands and is liable for the civil damages prescribed in Subsection (5) if, under circumstances not amounting to a greater offense, and without authorization, the actor:
(2)(a) constructs improvements or structures on state park lands;
(2)(b) uses or occupies state park lands for more than 30 days after the cancellation or expiration of authorization;
(2)(c) knowingly or intentionally uses state park lands for commercial gain;
(2)(d) intentionally or knowingly grazes livestock on state park lands, except as provided in Section 72-3-112; or
(2)(e) remains, after being ordered to leave by a person with actual authority to act for the division, or by a law enforcement officer.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) A person does not commit criminal trespass if that person enters onto state park lands:
(4)(a) without first paying the required fee; and
(4)(b) for the sole purpose of pursuing recreational activity.
(5)
(5)(a) In addition to an order for restitution under Section 77-38b-205, an actor who commits any act described in Subsection (2) may also be liable for civil damages in the amount of three times the value of:
(5)(a)(i) damages resulting from a violation of Subsection (2);
(5)(a)(ii) the water, mineral, vegetation, improvement, or structure on state park lands that is removed, destroyed, used, or consumed without authorization;
(5)(a)(iii) the historical, prehistorical, archaeological, or paleontological resource on state park lands that is removed, destroyed, used, or consumed without authorization; or
(5)(a)(iv) the consideration which would have been charged by the division for unauthorized use of the land and resources during the period of trespass.
(5)(b) Civil damages awarded under Subsection (5)(a):
(5)(b)(i) may be collected in a separate action by the division; and
(5)(b)(ii) shall be deposited into the State Park Fees Restricted Account as established in Section 79-4-402.