76-6-206.2. Criminal trespass on state park lands -- Penalties.
(1) For purposes of this section:
(a) "Authorization" means specific written permission by, or contractual agreement with,
the Division of Parks and Recreation.
(b) "Criminal trespass" means the elements of the crime of criminal trespass, as set forth
in Section 76-6-206.
(c) "Division" means the Division of Parks and Recreation, as referred to in Section
63-11-3.1.
(d) "State park lands" means all lands administered by the division.
(2) A person is guilty of criminal trespass on state park lands and is liable for the civil
damages prescribed in Subsection (5) if, under circumstances not amounting to a greater offense,
and without authorization, the person:
(a) constructs improvements or structures on state park lands;
(b) uses or occupies state park lands for more than 30 days after the cancellation or
expiration of authorization;
(c) knowingly or intentionally uses state park lands for commercial gain;
(d) intentionally or knowingly grazes livestock on state park lands, except as provided in
Section 72-3-112; or
(e) remains, after being ordered to leave by someone with actual authority to act for the
division, or by a law enforcement officer.
(3) A person is not guilty of criminal trespass if that person enters onto state park lands:
(a) without first paying the required fee; and
(b) for the sole purpose of pursuing recreational activity.
(4) A violation of Subsection (2) is a class B misdemeanor.
(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
(d) the consideration which would have been charged by the division for unauthorized
use of the land and resources during the period of trespass.
(6) Civil damages under Subsection (5) may be collected in a separate action by the
division, and shall be deposited in the State Parks Fees Restricted Account as established in
Section 63-11-66.
Enacted by Chapter 103, 2004 General Session
Download Code Section Zipped WordPerfect 76_06_020602.ZIP 2,963 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, July 23, 2008