Utah Code 76-6-206.4. Criminal trespass by long-term guest to a residence
Current as of: 2024 | Check for updates
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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 76-6-206.4
- Act: means a voluntary bodily movement and includes speech. 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.
- Dwelling: means a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present. See Utah Code 76-6-201
- Enter: means :(4)(a) intrusion of any part of the body; or(4)(b) intrusion of any physical object under control of the actor. See Utah Code 76-6-201
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) As used in this section:(1)(a)(i) “Burglary” means an offense described in Section76-6-202 ,76-6-203 , or76-6-204 .(1)(a)(ii) “Long-term guest” means an individual who is not a tenant, nor the immediate family member of an owner or tenant, but who is given express or implied permission by an owner or tenant of the residence or someone with apparent authority to act for an owner or tenant to enter a portion of a residence or temporarily occupy a portion of a residence:(1)(a)(ii)(A) for a period of time longer than 48 hours; and(1)(a)(ii)(B) without providing the owner or tenant of the residence compensation or entering into an agreement that the individual provide labor in lieu of providing the owner or primary occupant compensation for occupying the residence.(1)(a)(iii) “Residence” means an improvement to real property used or occupied as a primary or secondary dwelling.(1)(a)(iv) “Tenant” means a person who has the right to occupy a residence under a rental agreement or lease, or has a tenancy by operation of law.(1)(b) Terms defined in Sections76-1-101.5 and76-6-201 apply to this section.
(2)
(2)(a) Except as provided in Subsection (2)(b), a long-term guest commits criminal trespass of a residence if the long-term guest, in circumstances not amounting to burglary, remains in a residence after receiving notice to leave the residence from:
(2)(a)(i) an owner;
(2)(a)(ii) a tenant; or
(2)(a)(iii) someone with apparent authority to act for an owner or a tenant.
(2)(b) A long-term guest does not commit criminal trespass if:
(2)(b)(i) the long-term guest has express permission to remain in the residence from a separate owner or tenant; and
(2)(b)(ii) the express permission is not:
(2)(b)(ii)(A) revoked by the owner or tenant described in Subsection (2)(b)(i); or
(2)(b)(ii)(B) rendered void under Subsection (2)(c).
(2)(c) The express permission described in Subsection (2)(b) is void if:
(2)(c)(i) the long-term guest or a visitor of the long-term guest:
(2)(c)(i)(A) uses or distributes illegal drugs at the residence;
(2)(c)(i)(B) distributes alcohol to a minor at the residence;
(2)(c)(i)(C) commits a crime against a person or property at the residence; or
(2)(c)(i)(D) commits a behavior that threatens or substantially endangers the security, safety, well-being, or health of other persons at the residence or threatens or damages property at the residence; or
(2)(c)(ii) the long-term guest commits a felony after occupying the residence, regardless of whether the long-term guest enters into a plea agreement for a lower offense and regardless of where the felony takes place.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) Before a law enforcement officer escorts a long-term guest from a residence for a violation of Subsection (2), the law enforcement officer shall provide the long-term guest a reasonable time for the long-term guest to collect the long-term guest’s personal belongings.