| (1) |
Attorney's NoteUnder 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 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 41-22-12.5- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Cross-country: means across natural terrain and off an existing highway, road, route, or trail. See Utah Code 41-22-2
- Land: includes :Utah Code 68-3-12.5
- Motor vehicle: includes an off-highway vehicle. See Utah Code 41-22-2
- Operate: means to control the movement of or otherwise use an off-highway vehicle. See Utah Code 41-22-2
- Owner: means a person, other than a person with a security interest, having a property interest or title to an off-highway vehicle and entitled to the use and possession of that vehicle. See Utah Code 41-22-2
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (a) |
A person may not operate or accompany a person operating a motor vehicle on privately-owned land of any other person, firm, or corporation without permission from the owner or person in charge. |
| (b) |
A person operating or accompanying a person operating a motor vehicle may not refuse to immediately leave private land upon request of the owner or person in charge of the land. |
| (c) |
Subsections (1)(a) and (b) do not apply to prescriptive easements on privately owned land. |
| (d) |
A person who violates Subsection (1)(a) is guilty of an infraction. |
| (e) |
A person who violates Subsection (1)(b) is guilty of a class C misdemeanor. |
| (f) |
| (i) |
As part of any sentence for a conviction of a violation of this Subsection (1), the court shall order the person to perform community service in the form of repairing any damage to the land or infrastructure caused by the unlawful motor vehicle travel, with a minimum sentence calculated as described in Subsection (1)(f)(iii). |
| (ii) |
The court shall order the community service described in Subsection (1)(f)(i) to occur at the location or locations where the person caused damage to the private land or infrastructure. |
| (iii) |
For the community service required in Subsection (1)(f)(i), the court shall:
| (A) |
determine the approximate value of the damage caused by the unlawful cross-country motor vehicle travel; and |
| (B) |
calculate the number of hours of community service required to cover the cost of the damage caused by dividing the approximate value determined pursuant to Subsection (1)(f)(iii)(A) by a rate of $25 per hour. |
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| (2) |
A person operating or accompanying a person operating a motor vehicle may not obstruct an entrance or exit to private property without the owner’s permission. |
| (3) |
A person may not:
| (a) |
tear down, mutilate, or destroy any sign, signboards, or other notice which regulates trespassing for purposes of operating a motor vehicle on land; or |
| (b) |
tear down, deface, or destroy any fence or other enclosure or any gate or bars belonging to the fence or enclosure. |
|
| (4) |
| (a) |
A violation of Subsection (2) is an infraction. |
| (b) |
A violation of Subsection (3) is a class C misdemeanor. |
|
| (5) |
| (a) |
| (i) |
As part of any sentence for a conviction of a violation of Subsection (2) or (3), the court shall order the person to perform community service in the form of repairing any damage to the land or infrastructure caused by the unlawful motor vehicle travel, with a minimum sentence calculated as described in Subsection (5)(b). |
| (ii) |
The court shall order the community service described in Subsection (5)(a)(i) to occur at the location or locations where the person caused damage to the land or infrastructure. |
|
| (b) |
For the community service required in Subsection (5)(a), the court shall:
| (i) |
determine the approximate value of the damage caused by the unlawful cross-country motor vehicle travel; and |
| (ii) |
calculate the number of hours of community service required to cover the cost of the damage caused by dividing the approximate value determined pursuant to Subsection (5)(b)(i) by a rate of $25 per hour. |
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Amended by Chapter 143, 2022 General Session
