H.B. 223 Enrolled

1

TRESPASS LAW AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kerry W. Gibson
5 Senate Sponsor: Darin G. Peterson
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding criminal trespass.
10 Highlighted Provisions:
11 This bill:
12 . increases the penalties for each of two specified types of criminal trespass to one
13 higher level of misdemeanor.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-6-206, as last amended by Chapter 225, Laws of Utah 2001
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-6-206 is amended to read:
24 76-6-206. Criminal trespass.
25 (1) [For purposes of] As used in this section, "enter" means intrusion of the entire
26 body.
27 (2) A person is guilty of criminal trespass if, under circumstances not amounting to
28 burglary as defined in Section 76-6-202 , 76-6-203 , or 76-6-204 or a violation of Section
29 76-10-2402 regarding commercial terrorism:

30 (a) he enters or remains unlawfully on property and:
31 (i) intends to cause annoyance or injury to any person or damage to any property,
32 including the use of graffiti as defined in Section 76-6-107 ;
33 (ii) intends to commit any crime, other than theft or a felony; or
34 (iii) is reckless as to whether his presence will cause fear for the safety of another;
35 (b) knowing his entry or presence is unlawful, he enters or remains on property as to
36 which notice against entering is given by:
37 (i) personal communication to the actor by the owner or someone with apparent
38 authority to act for the owner;
39 (ii) fencing or other enclosure obviously designed to exclude intruders; or
40 (iii) posting of signs reasonably likely to come to the attention of intruders; or
41 (c) he enters a condominium unit in violation of Subsection 57-8-7 (7).
42 (3) (a) A violation of Subsection (2)(a) or (b) is a class [C] B misdemeanor unless it
43 was committed in a dwelling, in which event it is a class [B] A misdemeanor.
44 (b) A violation of Subsection (2)[(b)](c) is an infraction.
45 (4) It is a defense to prosecution under this section that [the]:
46 (a) the property was open to the public when the actor entered or remained; and
47 (b) the actor's conduct did not substantially interfere with the owner's use of the
48 property.