76-6-206.1. Criminal trespass of abandoned or inactive mines -- Penalty.
(1) For purposes of this section:
(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.
(b) "Enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass of an abandoned or inactive mine if, under
circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
(a) the person intentionally enters and remains unlawfully in the underground workings of
an abandoned or inactive mine; or
(b) intentionally and without authority removes, destroys, or tampers with any warning
sign, covering, fencing, or other method of protection from entry placed on, around, or over any
mine shaft, mine portal, or other abandoned or inactive mining excavation property.
(3) A violation of Subsection (2)(a) is a class B misdemeanor.
(4) A violation of Subsection (2)(b) is a class A misdemeanor.
Enacted by Chapter 223, 1997 General Session
Download Code Section Zipped WordPerfect 76_06_020601.ZIP 2,173 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, July 23, 2008