76-6-206.2. Criminal trespass on state park lands.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 76-6-206.2- 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.
- Land: includes :Utah Code 68-3-12.5
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
- written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5
| (a) |
As used in this section:
| (i) |
“Authorization” means specific written permission by, or contractual agreement with, the Division of State Parks. |
| (ii) |
“Criminal trespass” means the elements of the crime of criminal trespass, as set forth in Section 76-6-206. |
| (iii) |
“Division” means the Division of State Parks created in Section 79-4-201. |
| (iv) |
“State park lands” means all lands administered by the division. |
|
|
| (2) |
An actor commits criminal trespass on state park lands and is liable for the civil damages prescribed in Subsection (5) if, under circumstances not amounting to a greater offense, and without authorization, the actor:
| (a) |
constructs improvements or structures on state park lands; |
| (b) |
uses or occupies state park lands for more than 30 days after the cancellation or expiration of authorization; |
| (c) |
knowingly or intentionally uses state park lands for commercial gain; |
| (d) |
intentionally or knowingly grazes livestock on state park lands, except as provided in Section 72-3-112; or |
| (e) |
remains, after being ordered to leave by a person with actual authority to act for the division, or by a law enforcement officer. |
|
| (3) |
A violation of Subsection (2) is a class B misdemeanor. |
| (4) |
A person does not commit criminal trespass if that person enters onto state park lands:
| (a) |
without first paying the required fee; and |
| (b) |
for the sole purpose of pursuing recreational activity. |
|
| (5) |
| (a) |
In addition to an order for restitution under Section 77-38b-205, an actor who commits any act described in Subsection (2) may also be liable for civil damages in the amount of three times the value of:
| (i) |
damages resulting from a violation of Subsection (2); |
| (ii) |
the water, mineral, vegetation, improvement, or structure on state park lands that is removed, destroyed, used, or consumed without authorization; |
| (iii) |
the historical, prehistorical, archaeological, or paleontological resource on state park lands that is removed, destroyed, used, or consumed without authorization; or |
| (iv) |
the consideration which would have been charged by the division for unauthorized use of the land and resources during the period of trespass. |
|
| (b) |
Civil damages awarded under Subsection (5)(a):
| (i) |
may be collected in a separate action by the division; and |
| (ii) |
shall be deposited into the State Park Fees Restricted Account as established in Section 79-4-402. |
|
|
Amended by Chapter 111, 2023 General Session
