Utah Code 76-6-206. Criminal trespass
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 A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-6-206
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Enter or remain unlawfully: means a person enters or remains in or on any premises when:
(3)(a) at the time of the entry or remaining, the premises or any portion of the premises are not open to the public; and(3)(b) the actor is not otherwise licensed or privileged to enter or remain on the premises or any portion of the premises. See Utah Code 76-6-201- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5(1)(a) As used in this section:(1)(a)(i) “Enter” means intrusion of the entire body or the entire unmanned aircraft.(1)(a)(ii) “Graffiti” means the same as that term is defined in Section76-6-101 .(1)(a)(iii) “Remain unlawfully,” as that term relates to an unmanned aircraft, means remaining on or over private property when:(1)(a)(iii)(A) the private property or any portion of the private property is not open to the public; and(1)(a)(iii)(B) the person operating the unmanned aircraft is not otherwise authorized to fly the unmanned aircraft over the private property or any portion of the private property.(1)(b) Terms defined in Sections76-1-101.5 and76-6-201 apply to this section.(2) An actor commits criminal trespass if, under circumstances not amounting to burglary as defined in Section76-6-202 ,76-6-203 , or76-6-204 or a violation of Section76-10-2402 regarding commercial obstruction:(2)(a) the actor enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property and:(2)(a)(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti;(2)(a)(ii) intends to commit any crime, other than theft or a felony; or(2)(a)(iii) is reckless as to whether the actor’s or unmanned aircraft’s presence will cause fear for the safety of another;(2)(b) knowing the actor’s or unmanned aircraft’s entry or presence is unlawful, the actor enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by:(2)(b)(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;(2)(b)(ii) fencing or other enclosure obviously designed to exclude intruders; or(2)(b)(iii) posting of signs reasonably likely to come to the attention of intruders;(2)(c) the actor enters a condominium unit in violation of Section57-8-7 (8); or(2)(d) the actor enters a sex-designated changing room in violation of Subsection63G-31-302 (3).(3)(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) , (b), or (d) is a class B misdemeanor.(3)(b) The following is a class A misdemeanor:(3)(b)(i) if a violation of Subsection (2)(a) or (b) is committed in a dwelling;(3)(b)(ii) if a violation of Subsection (2)(d) is committed while also committing the offense of:(3)(b)(ii)(A) lewdness under Section76-9-702 ;(3)(b)(ii)(B) lewdness involving a child under Section76-9-702.5 ;(3)(b)(ii)(C) voyeurism under Section76-9-702.7 ; or(3)(b)(ii)(D) loitering in a privacy space under Section76-9-702.8 ; or(3)(b)(iii) if a violation of Subsection (2)(d) is committed in a sex-designated privacy space, as defined in Section76-9-702.8 , that is not designated for individuals of the actor’s sex.(3)(c) A violation of Subsection (2)(c) is an infraction.(4) It is a defense to prosecution under this section that:(4)(a) the property was at the time open to the public; and(4)(b) the defendant complied with all lawful conditions imposed on access to or remaining on the property.(5) In addition to an order for restitution under Section77-38b-205 , an actor who commits a violation of Subsection (2) may also be liable for:(5)(a) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater; and(5)(b) reasonable attorney fees not to exceed $250, and court costs.(6) Civil damages under Subsection (5) may be collected in a separate action by the property owner or the owner’s assignee. - Enter or remain unlawfully: means a person enters or remains in or on any premises when: