76-6-206.1. Criminal trespass of abandoned or inactive mines.
(1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
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class A misdemeanor | up to 364 days | up to $2,500 | class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-6-206.1
(a) |
For purposes of this section:
(i) |
“Abandoned or inactive mine” means an underground mine which is no longer open for access or no longer under excavation and has been clearly marked as closed or protected from entry. |
(iii) |
“Enter” means intrusion of the entire body. |
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(2) |
An actor commits criminal trespass of an abandoned or inactive mine if, under circumstances not amounting to burglary, the actor:
(a) |
intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine; or |
(b) |
intentionally and without authority removes, destroys, or tampers with any warning sign, covering, fencing, or other method of protection from entry placed on, around, or over any mine shaft, mine portal, or other abandoned or inactive mining excavation property. |
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(3) |
(a) |
A violation of Subsection (2)(a) is a class B misdemeanor. |
(b) |
A violation of Subsection (2)(b) is a class A misdemeanor. |
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Amended by Chapter 111, 2023 General Session