Utah Code Section 76-6-206.4. 2010 Utah Code Title 53A - State System of Public Education Chapter 03 - Local School Boards 53A-3-503 - Criminal trespass upon school property -- Penalty. Trespassing Charges There are two common ways to commit trespassing in Utah. (2) A long-term guest is guilty of criminal trespass of a residence if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204, the long-term guest remains in a residence after the long-term guest receives notice against remaining in the residence by personal communication to the long-term guest by the person who is the primary occupant of the residence or someone with apparent authority to act for the primary occupant. If you, your child, or one of your family members is convicted of criminal trespassing, he or she could face harsh penalties, including expensive fines, months in jail, and the creation of a criminal record. Utah. Entering onto another’s property with the intent to damage the property 2. Every state has statutes determining criminal and civil liability for individuals that improperly go onto another person's private property. (e) “Range land” means privately owned land that is not fenced or divided into lots and that is generally unimproved. (1) A person is guilty of criminal trespass upon school property if the person does the following: (a) enters or remains unlawfully upon school property, and: (i) intends to cause annoyance or injury to … Violating the prohibitions of the statue will result in misdemeanor charges. Prosecution … 3; Refusing to leave the property of another upon the owner’s request. (2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction: (a) the person enters or remains unlawfully on or causes an unmanned aircraft to enterand remain unlawfully over property and: (i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107; (ii) intends to commit any crime, other than theft or a felony; or. However, if the intrusion was into a dwelling, then Criminal Trespass is charged as a class A misdemeanor. The Utah Wildlife Code 23-20-14 states that "While taking wildlife or engaging in wildlife related activities, a person may not: (1) without permission of the owner or person in charge, enter upon privately-owned land of any person, firm or corporation., (2) refuse to immediately … Utah Criminal Trespass Consequences In most cases, Criminal Trespass is prosecuted as a class B misdemeanor in Utah. (b) “Criminal trespass” means the elements of the crime of criminal trespass, as set forth in Section 76-6-206. Required fields are marked *. Trespassing in Utah is a misdemeanor. (2) A person is guilty of the class B misdemeanor criminal offense of 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 person enters or remains on agricultural or range land regarding which notice prohibiting entry is given by: (a) personal communication to the person 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. Additionally there no legal proscriptions for notification of trespassing by closure of private land, either by marks or by sign. (ii) the person operating the unmanned aircraft is not otherwise authorized to fly the unmanned aircraft over the private property or any portion of the private property. All information is provided without warranty of any kind. The current law allows you to float on the surface of the water, even if you're floating over private property that is closed to trespass. Utah defines entering or remaining unlawfully simply as entering or remaining upon any premises that is not open to the public when a person knows they are unlicensed or otherwise unauthorized to be on the premises at the time. (4) In addition to restitution, as provided in Section 76-3-201, a person who commits any violation of Subsection (2) or (3) may also be liable for: (a) statutory damages in the amount of the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater; and. (d) “State park lands” means all lands administered by the division. (4) Before a law enforcement officer escorts an individual from a residence for a violation of this section, the law enforcement officer shall provide the individual a reasonable time for the individual to collect the individual’s personal belongings. Utah Trespassing Laws: What You Need to Know. Read your lease agreement carefully! 12 mins ago “This Week Will Be Lit” >> Maybe POTUS’s Last Chance? What does the law allow? Would prohibit drones from flying higher than 400 feet or faster than 100 mph. To access the statutes, go to the Utah Laws and Legal Information section of the Nolo site and find the link to your state laws. Trespassing is a criminal offense, while squatting is usually a civil matter. 76-6-206.2. (c) “Division” means the Division of Parks and Recreation, created in Section 79-4-201. (c) posted signs or markers that would reasonably be expected to be seen by persons in the area of the borders of the land. (b) reasonable attorney fees not to exceed $250, and court costs. … DISCLAIMER: You may not use our service or the information it provides to make decisions about consumer credit, employment, insurance, tenant screening, or any other purpose that would require Fair Credit and Reporting Act (FCRA) compliance. (e) remains, after being ordered to leave by someone with actual authority to act for the division, or by a law enforcement officer. Utah contains several specific statutes restricting access to abandoned mines, state parks and other lands. GoLookUp does not make any representation or warranty about the accuracy of the information available through our website or about the character or integrity of the person about whom you inquire. (5) In addition to restitution, as provided in Section 76-3-201, a person who commits any act described in Subsection (2) may also be liable for civil damages in the amount of three times the value of: (a) damages resulting from a violation of Subsection (2); (b) the water, mineral, vegetation, improvement, or structure on state park lands that is removed, destroyed, used, or consumed without authorization; (c) the historical, prehistorical, archaeological, or paleontological resource on state park lands that is removed, destroyed, used, or consumed without authorization; or. Utah Territorial Laws Laws of Utah (Session Laws, 1851-ongoing) Rules. Utah Trespassing Law Overview. Utah also has a handful of specific state statutes that restrict trespassing on park land, abandoned mines and surrounding properties, and agricultural or range land specifically. Utah law allows an owner (or primary occupant, or someone with "apparent authority" to act for the primary occupant) of a residence to remove a guest who has overstayed their welcome without going through a court process if certain requirements are met. Criminal trespass on state park lands, Penalties. (ii) each structure appurtenant to or connected with the structure or vehicle. This section is much the same as the first one be covered on criminal trespassing, in that unlawfully entering range land in defiance of notice prohibiting entry is trespassing. https://www.survivalsullivan.com/utah-trespassing-laws/. This land includes land used for livestock. (These terms have special meanings under the Fair Credit Reporting Act, 15 USC 1681 et seq., ("FCRA"), which are incorporated herein by reference.) Definition For the purpose of this chapter “estray” means any unbranded sheep, … Utah also has a section just for covering trespassing on agricultural land or range land: (a) “Agricultural or range land” and “land” mean land as defined under Subsections (1)(d) and (e). Entering any closed, abandoned, blocked or otherwise entry-restricted mine in Utah without authority, or removing, damaging or otherwise tampering with any warning sign or barricade placed over or near the entrance, is trespassing, and a misdemeanor. Mugshots and/or arrest records published on this website are in no way an indication of guilt and do not represent any evidence an actual crime has been committed. Your email address will not be published. (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless the violation is committed in a dwelling, in which event the violation is a class A misdemeanor. 76-6-206.1. This also includes a vehicle adapted for the same purpose, no matter what type. This is a fairly broad interpretation that can be applied to violators and all kinds of circumstances, so take no chances messing around on property you know you shouldn’t be on or in while in the State of Utah. (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. Criminal Trespass is defined in this section as the entering by a person or by an unmanned aircraft into, onto or over any property where they do not have a legal lawful right to be with the intent to cause annoyance or commit some other crime, or knowingly doing so unlawfully in defiance of a posted notice against entry. 1 hour ago “This Week Will Be Lit” >> Maybe POTUS’s Last Chance? 11 mins ago Effective Security, Traps & Alarms for Your Home. 4; Refusing to leave a public building during … https://modernsurvivalblog.com/current-events/last-chance-for-trump/, Copyright All right reserved Theme: Default Mag by, Utah Trespassing Laws: What You Need to Know. 76-6-206. Depending on the circumstances and the law in place where the act occurs, trespassing may be considered a crime, a civil wrong (called a "tort"), or both. You might think you have a pretty good grip on the English language, but legislators are notorious for altering the meaning of common words for taking on additional meaning that can change the interpretation of entire swaths of the law. Next, the first of a few specific trespassing statutes in Utah, this one covering abandoned or inactive mines which are found in some abundance throughout the state: (a) “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. View the 2019 Utah Code | View Other Versions of the Utah Code. Disclaimer: Mugshots and arrest records are public records available online. The owner who has rented out the apartment or mobile home space cannot interfere in the legal tenant’s power to decide who lives in the premises. (b) the actor complied with all lawful conditions imposed on access to or remaining on the property. Criminal trespass by long-term guest to a residence. How about that? (b) “Building” does not include a railroad car. To review Utah's trespass laws, see Utah Code Sections 23-20-14, 76-6-206 and 76-6-206.3. You will notice reading the above that Utah’s definition for “building” includes its typical meaning but also the added connotation that it is a structure intended for the overnight occupation of people sleeping therein. Justia US Law US Codes and Statutes Utah Code 2006 Utah Code Title 76 — Utah Criminal Code Chapter 06 — Offenses Against Property 76-6-206 — Criminal trespass. Criminal trespass on agricultural land or range land. (c) “Criminal trespass” means the elements of the crime of criminal trespass under Section 76-6-206. 12 mins ago Effective Security, Traps & Alarms for Your Home. Landlord Tenant – Summary of Residential Landlord Tenant Law – Utah. §§ 56-2-6 to 56-2-12 Current through the 2011 third special session Chapter 25. For example, a trespasser who steals something from the homeowner's property may be guilty of the crime of burglary. The Code for Crown Prosecutors. Many state laws only apply to agricultural land. Violating this statute is a misdemeanor, either Class B or Class A depending on which subsection is violated. 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408; https://senate.utah.gov; Contact a Senator; House of Representatives. (3) A violation of Subsection (2) is a class B misdemeanor. However, squatting can be treated as a criminal behavior if the property owner or landlord has established that the individual in question is unwelcome. Keep the following in mind: Squatters or trespassers may falsely claim that they have a right to be on the property. Note: This summary is not intended to be a detailed, all-inclusive discussion, but rather an overview of typical provisions of general residential landlord-tenant law, as set forth in the Uniform Landlord Tenant Law. Trespass to the person comes in three variants: assault, which is "to act in such a way that the claimant believes he is about to be attacked"; battery, "the intentional and direct application of force to another person"; and false imprisonment, "depriving the claimant of … 76-6-206.3. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Along with a few other stipulations, notice must be given verbally or “in a way that will reasonably likely to come to the attention of intruders.” There are both criminal and civil trespass laws. Criminal trespass is a serious offense under Utah Code § 76-6-206. 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