H.B. 223

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 . includes as the offense of criminal trespass the act of entering property with the
13 intent to commit a theft or felony; and
14 . increases the penalties for each of two specified types of criminal trespass to one
15 higher level of misdemeanor.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-6-206, as last amended by Chapter 225, Laws of Utah 2001
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-6-206 is amended to read:
26 76-6-206. Criminal trespass.
27 (1) [For purposes of] As used in this section, "enter" means intrusion of the entire

28 body.
29 (2) A person is guilty of criminal trespass if, under circumstances not amounting to
30 burglary as defined in Section 76-6-202 , 76-6-203 , or 76-6-204 or a violation of Section
31 76-10-2402 regarding commercial terrorism:
32 (a) he enters or remains unlawfully on property and:
33 (i) intends to cause annoyance or injury to any person or damage to any property,
34 including the use of graffiti as defined in Section 76-6-107 ;
35 (ii) intends to commit any crime, other than theft or a felony; or
36 (iii) is reckless as to whether his presence will cause fear for the safety of another;
37 (b) knowing his entry or presence is unlawful, he enters or remains on property as to
38 which notice against entering is given by:
39 (i) personal communication to the actor by the owner or someone with apparent
40 authority to act for the owner;
41 (ii) fencing or other enclosure obviously designed to exclude intruders; or
42 (iii) posting of signs reasonably likely to come to the attention of intruders; or
43 (c) he enters a condominium unit in violation of Subsection 57-8-7 (7).
44 (3) (a) A violation of Subsection (2)(a) or (b) is a class [C] B misdemeanor unless it
45 was committed in a dwelling, in which event it is a class [B] A misdemeanor.
46 (b) A violation of Subsection (2)[(b)](c) is an infraction.
47 (4) It is a defense to prosecution under this section that [the]:
48 (a) the property was open to the public when the actor entered or remained; and
49 (b) the actor's conduct did not substantially interfere with the owner's use of the
50 property.




Legislative Review Note
as of 12-28-05 2:06 PM

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