Utah Code 76-8-807. Trespassing at a war or defense facility
Current as of: 2024 | Check for updates
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(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-8-807
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Arrest: Taking physical custody of a person by lawful authority.
- Peace officer: means an employee of a police or law enforcement agency that is part of or administered by the state or a political subdivision of the state, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or a political subdivision of the state. See Utah Code 76-8-101
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) An actor commits trespassing at a war or defense facility if:
(2)(a) the actor intentionally enters a facility engaged in, or preparing to engage in, the manufacture, transportation, or storage of a product to be used in the preparation of the United States government or of a state government for defense or for war or in the prosecution of war by the United States government;
(2)(b) the actor does not have permission from the owner of the facility to enter; and
(2)(c) the facility has posted signs reading “No Entry Without Permission.”
(3) A violation of Subsection (2) is a class C misdemeanor.
(4)
(4)(a) A peace officer or individual employed as a watchman, a guard, or in a supervisory capacity on the premises of a facility under this section may stop an individual found on the premises and detain the individual for the purpose of demanding the individual’s name, address, and reason for being on the premises.
(4)(b) If the peace officer or individual employed as a watchman, a guard, or in a supervisory capacity on the premises of a facility under this section has reason to believe that an individual stopped on the facility’s premises has no right to be there, the peace officer or employee may:
(4)(b)(i) release the individual; or
(4)(b)(ii) arrest the individual without a warrant on the charge of violating this section.