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This document includes House Committee Amendments incorporated into the bill on Tue, Feb 9, 2010 at 10:58 AM by lerror. --> 1
7 LONG TITLE
8 General Description:
9 This bill H. [
10 professional land surveyor for criminal trespass.
10a person is a professional surveyor or county surveyor. .H
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . H. [
15 professional land surveyor for criminal trespass
15a person is a professional surveyor or county surveyor .H ; and
16 . makes technical corrections.
17 Monies Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 76-6-206, as last amended by Laws of Utah 2006, Chapter 210
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-6-206 is amended to read:
27 76-6-206. Criminal trespass.
28 (1) As used in this section, "enter" means intrusion of the entire 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) [
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 [
38 (b) knowing [
39 remains on property as to which notice against entering is given by:
40 (i) personal communication to the actor by the owner or someone with apparent
41 authority to act for the owner;
42 (ii) fencing or other enclosure obviously designed to exclude intruders; or
43 (iii) posting of signs reasonably likely to come to the attention of intruders; or
44 (c) [
45 (3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was
46 committed in a dwelling, in which event it is a class A misdemeanor.
47 (b) A violation of Subsection (2)(c) is an infraction.
48 (4) H. (a) As used in this Subsection (4):
48a (i) "Professional land surveying or the practice of land surveying" is as defined
48b in Section 58-22-102.
48c (ii) "Professional land surveyor" is as defined in Section 58-22-102.
48d (iii) "Surveyor" means a professional land surveyor and a county surveyor.
48e (b) .H It is a defense to prosecution under this section that:
49 H. [
50 H. [
51 property H. [
51a (ii)(A) the actor:
51b (I) is a surveyor or a designee of the surveyor engaged in professional
51c land surveying or the practice of land surveying; or
51d (II) in the case of a county surveyor or designee of the county surveyor,
51e acting under the scope of authority under Title 17, Chapter 23, County Surveyor; and
51f (B) the actor's conduct did not substantially interfere with the owner's use of the
53 (i) "Professional land surveying or the practice of land surveying" is as defined in
54 Section 58-22-102 .
55 (ii) "Professional land surveyor" is as defined in Section 58-22-102 .
56 (iii) "Surveyor" means a professional land surveyor and a county surveyor.
57 (b) A surveyor does not commit criminal trespass if when the surveyor enters and
58 remains on the property, the surveyor:
59 H. [
60 (B) in the case of a county surveyor or a designee of the county surveyor, is acting
61 under the scope of authority under Title 17, Chapter 23, County Surveyor; and
62 (ii) is not acting in violation of this section.
Legislative Review Note
as of 1-28-10 10:20 AM