Utah Code 76-8-703. Criminal trespass upon an institution of higher education
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 76-8-703
- 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
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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) “Chief administrative officer” means the same as that term is defined in Section 53B-20-107 .
(1)(a)(ii) “Enters” means intrusion of the entire body.
(1)(a)(iii) “Institution of higher education” means the same as that term is defined in Section 53B-20-107 .
(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits criminal trespass upon an institution of higher education if the actor enters or remains on property that is owned, operated, or controlled by an institution of higher education:
(2)(a) after being ordered to leave by the chief administrative officer; or
(2)(b) without authorization if notice against entry or remaining has been given by:
(2)(b)(i) personal communication to the person by the chief administrative officer or a person with apparent authority to act for the institution of higher education;
(2)(b)(ii) the posting of signs reasonably likely to come to the attention of a trespasser;
(2)(b)(iii) fencing or other enclosure obviously designed to exclude a trespasser; or
(2)(b)(iv) a current order of suspension or expulsion.
(3)
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(3)(b) A violation of Subsection (2) is a class A misdemeanor if the actor has previously been convicted two or more times of a violation of Subsection (2).
(4) The mere carrying or possession of a firearm on the campus of a state institution of higher education, as defined in Section 53B-3-102 , does not warrant an order to leave under Subsection (2)(a) if the individual carrying or possessing the firearm is otherwise complying with all state laws regulating the possession and use of a firearm.
(5) If an employee or student of an institution of higher education is ordered to leave under Subsection (2)(a) or receives a notice against entry or remaining under Subsection (2)(b), the institution of higher education shall afford the employee or student the process required by the institution of higher education’s rules and regulations.