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 :

  (a)	intrusion of any part of the body; or

  (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: (a)  at the time of the entry or remaining, the premises or any portion of the premises are not open to the public; and (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 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. (a)  As used in this section: (i)  “Enter” means intrusion of the entire body or the entire unmanned aircraft. (ii)  “Graffiti” means the same as that term is defined in Section 76-6-101. (iii)  “Remain unlawfully,” as that term relates to an unmanned aircraft, means remaining on or over private property when: (A)  the private property or any portion of the private property is not open to the public; and (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. (b)  Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.

  (2)

  An actor commits criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction: (a)  the actor enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property and: (i)  intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti; (ii)  intends to commit any crime, other than theft or a felony; or (iii)  is reckless as to whether the actor’s or unmanned aircraft’s presence will cause fear for the safety of another; (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: (i)  personal communication to the actor by the owner or someone with apparent authority to act for the owner; (ii)  fencing or other enclosure obviously designed to exclude intruders; or (iii)  posting of signs reasonably likely to come to the attention of intruders; or (c)  the actor enters a condominium unit in violation of Subsection 57-8-7(8).

  (3)	(a)  Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) or (b) is a class B misdemeanor. (b)  If a violation of Subsection (2)(a) or (b) is committed in a dwelling, the violation is a class A misdemeanor. (c)  A violation of Subsection (2)(c) is an infraction.

  (4)	It is a defense to prosecution under this section that: (a)  the property was at the time open to the public; and (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 Section 77-38b-205, an actor who commits a violation of Subsection (2) may also be liable for: (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 (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.

  Amended by Chapter 111, 2023 General Session