76-6-206.3. Criminal trespass on agricultural land or range land.
| (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
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Terms Used In Utah Code 76-6-206.3- 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
- 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.
- 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) |
“Agricultural or range land” and “land” mean land as defined under Subsections (1)(a)(iv) and (v). |
| (ii) |
“Authorization” means specific written permission by, or contractual agreement with, the owner or manager of the property. |
| (iii) |
“Criminal trespass” means the elements of the crime of criminal trespass under Section 76-6-206. |
| (iv) |
“Land in agricultural use” has the same meaning as in Section 59-2-502. |
| (v) |
| (A) |
“Range land” means privately owned land that is not fenced or divided into lots and that is generally unimproved. |
| (B) |
“Range land” includes land used for livestock. |
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| (2) |
An actor commits criminal trespass on agricultural or range land and is liable for the civil damages under Subsection (5) if, under circumstances not amounting to a greater offense, and without authorization or a right under state law, the actor enters or remains on agricultural or range land regarding which notice prohibiting entry is given by:
| (a) |
personal communication to the actor by the owner of the land, an employee of the owner, or a person with apparent authority to act for the owner; |
| (b) |
fencing or other form of enclosure a reasonable person would recognize as intended to exclude intruders; or |
| (c) |
posted signs or markers that would reasonably be expected to be seen by persons in the area of the borders of the land. |
|
| (3) |
A violation of Subsection (2) is a class B misdemeanor. |
| (4) |
In addition to an order for restitution under Section 77-38b-205, an actor who commits any 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; |
| (b) |
reasonable attorney fees not to exceed $250; and |
|
| (5) |
Civil damages under Subsection (4) may be collected in a separate action by the owner of the agricultural or range land or the owner’s assignee. |
Amended by Chapter 111, 2023 General Session
