76-6-206.5. Cutting, destroying, or rendering ineffective fencing of agricultural or range land.
Attorney's Note
Under 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 76-6-206.5
- 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
- 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.
| (2) |
An actor commits cutting, destroying, or rendering ineffective the fencing of agricultural or range land if the person willfully cuts, destroys, or renders ineffective any fencing or other form of enclosure a reasonable person would recognize as intended to exclude intruders. |
| (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 a violation of Subsection (2) may also be liable for:
| (a) |
statutory damages in the amount of $500; |
| (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. |
Enacted by Chapter 111, 2023 General Session
