76-6-206.6. Criminal trespass on private property for recreational purposes related to use of public waters.
| (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 76-6-206.6- 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
| (a) |
As used in this section:
| (i) |
“Bank” means the land within three feet of a public water. |
| (ii) |
“Private property” means the bed or bank of a non-navigable freshwater stream or river that flows through privately owned land and is privately owned. |
| (iii) |
“Private property to which access is restricted” means the same as that term is defined in Section 73-29-102. |
| (iv) |
“Recreational purpose” includes one or more of the following:
| (J) |
engaging in water sports; |
| (L) |
viewing or enjoying historical, archaeological, scenic, or scientific sites. |
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| (2) |
An actor is guilty of criminal trespass if for recreational purposes, under circumstances not amounting to a greater offense, and without authorization or a right under state law:
| (a) |
the actor touches or remains unlawfully on private property to which access is restricted in violation of Section 73-29-201 and:
| (i) |
intends to cause annoyance or injury to a person or damage to property; |
| (ii) |
intends to commit a crime, other than theft or a felony; or |
| (iii) |
is reckless as to whether the actor’s presence will cause fear for the safety of another; or |
|
| (b) |
knowing the actor’s touching or presence is unlawful, the actor touches or remains on private 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. |
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| (3) |
A violation of Subsection (2) is a class B misdemeanor. |
| (4) |
It is a defense to prosecution under this section that:
| (a) |
| (i) |
the private property was at the time open to the public; and |
| (ii) |
the actor complied with all lawful conditions imposed on access to or remaining on the private property; |
|
| (b) |
the actor acted in compliance with an express easement; or |
| (c) |
the actor touched the private property as allowed by Section 73-29-202. |
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| (5) |
In addition to an order for restitution under Section 77-38b-205, an actor who violates Subsection (2) is also liable for:
| (a) |
statutory damages in the amount of the greater of:
| (i) |
three times the value of damages resulting from the violation of Subsection (2); or |
|
| (b) |
reasonable attorney fees not to exceed $250; and |
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| (6) |
Civil damages under Subsection (5) may be collected in a separate action by the private property owner or the owner’s assignee. |
Enacted by Chapter 474, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 46, Chapter 111.
