S.B. 99

1

DAMAGES FOR TRESPASS IN STATE PARKS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Thomas V. Hatch
5
6 LONG TITLE
7 General Description:
8 This bill amends the civil damages provision for criminal trespass on state park lands to
9 provide for single damages rather than treble damages.
10 Highlighted Provisions:
11 This bill:
12 . amends the civil damages provision for criminal trespass on state park lands to
13 provide for single damages rather than treble damages; and
14 . makes technical amendments.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-6-206.2, as enacted by Chapter 103, Laws of Utah 2004
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-6-206.2 is amended to read:
25 76-6-206.2. Criminal trespass on state park lands -- Penalties.
26 (1) For purposes of this section:
27 (a) "Authorization" means specific written permission by, or contractual agreement

28 with, the Division of Parks and Recreation.
29 (b) "Criminal trespass" means the elements of the crime of criminal trespass, as set
30 forth in Section 76-6-206 .
31 (c) "Division" means the Division of Parks and Recreation, as referred to in Section
32 [ 63-11-3.1 ] 63-11-17.1 .
33 (d) "State park lands" means all lands administered by the division.
34 (2) A person is guilty of criminal trespass on state park lands and is liable for the civil
35 damages prescribed in Subsection (5) if, under circumstances not amounting to a greater
36 offense, and without authorization, the person:
37 (a) constructs improvements or structures on state park lands;
38 (b) uses or occupies state park lands for more than 30 days after the cancellation or
39 expiration of authorization;
40 (c) knowingly or intentionally uses state park lands for commercial gain;
41 (d) intentionally or knowingly grazes livestock on state park lands, except as provided
42 in Section 72-3-112 ; or
43 (e) remains, after being ordered to leave by someone with actual authority to act for the
44 division, or by a law enforcement officer.
45 (3) A person is not guilty of criminal trespass if that person enters onto state park
46 lands:
47 (a) [without] after first paying the required fee; and
48 (b) for the sole purpose of pursuing recreational activity.
49 (4) A violation of Subsection (2) is a class B misdemeanor.
50 (5) In addition to restitution, as provided in Section 76-3-201 , a person who commits
51 any act described in Subsection (2) may also be liable for civil damages [in the amount of three
52 times] for the value of:
53 (a) damages resulting from a violation of Subsection (2);
54 (b) the water, mineral, vegetation, improvement, or structure on state park lands that is
55 removed, destroyed, used, or consumed without authorization;
56 (c) the historical, prehistorical, archaeological, or paleontological resource on state
57 park lands that is removed, destroyed, used, or consumed without authorization; or
58 (d) the consideration which would have been charged by the division for unauthorized

59 use of the land and resources during the period of trespass.
60 (6) Civil damages under Subsection (5) may be collected in a separate action by the
61 division, and shall be deposited in the State Parks Fees Restricted Account as established in
62 Section 63-11-66 .




Legislative Review Note
as of 12-20-04 10:49 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel