CALL/TXT TRESPASSING CHARGES LAWYER JAKE GUNTER (801) 373-6345Being charged with trespassing can be a very stressful event. Sometimes you had not clue that you where trespassing and still got charged.
If you have received trespassing charges in a Utah Justice or District Court, call Jake Gunter. Let his 20 years of courtroom experience work for you.
First, you generally can’t accidentally trespass in Utah. You have to intentionally, knowingly or reckless trespass. An accident not trespassing.
Second, the prosecution has to prove beyond a reasonable doubt to convict someone of trespass in Utah.
A person is guilty of criminal trespass if:
(a). The person enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property and:
(i). intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti;
(ii). intends to commit any crime, other than theft or a felony; or
(iii). is reckless as to whether the actor’s or unmanned aircraft’s presence will cause fear for the safety of another;
(b). Knowing the actor’s or unmanned aircraft’s entry or presence is unlawful, the actor enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by:
(i). personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(ii). fencing or other enclosure obviously designed to exclude intruders; or
(iii). posting of signs reasonably likely to come to the attention of intruders; or
Trespassing is more than just being on someone’s property without their consent. You have to intend to trespass, and further cause property damage, intend to commit a crime or not leave after you are told to leave.
Common Misdemeanor Probationary Terms for Trespassing.If you are convicted of trespassing in Utah, these are common probationary terms.
(1). Court Probation. 12 months court probation for misdemeanor offenses. Court probation, or otherwise called bench probation is the lowest level of probation. While Adult Probation & Parole through the Department of Corrections is the highest level of probation.
(2). Fine. A bail schedule fine will be assessed at the current rate of $690. Most fines can be paid lump sum or over time. All fines need to be paid during the probationary period.
(3). Jail. Misdemeanor trespass convictions normally never get jail time. The max jail time is 180 days for a Class B Misdemeanor. 364 days max for a Class A Misdemeanor. Prison time is impossible for Misdemeanor offenses in Utah.
(4). Restitution. Restitution is mandatory in any criminal sentencing. If you vandalized the property, restitution will be assessed.
(5). Permanent Trespassing. The sentencing court will often permanently trespass you from a store until the store decides to lift it. Further, the store may trespass you. All trespassing notices are part of your probation.
Infraction: Jail or incarceration is impossible unless you are held in contempt of court by flipping off the judge.
Class C Misdemeanor: 90 Days in the County Jail. Max Fine is $750 or community service.
Class B Misdemeanor: 180 Days in the County Jail. Max Fine is $1,000 or community service. Common trespassing charges are Class B.
Class A Misdemeanor: 364 Days in the County Jail. Max Fine is $2,500 or community service. Trespassing to a dwelling is a Class A and more serious to judges because it was someone’s home.
Can Trespassing be a Felony?Simple trespassing is not a felony is Utah.
You can always get sued civilly for trespassing in Utah, regardless of whether you were criminally charged or not. Like Utah’s simple Retail Theft statute, the Misdemeanor trespassing statute has a built in civil treble damages and reasonable attorney fee clause.
Civil damages under the criminal trespass statute are:
(1). Statutory damages in the amount of three times (called treble) the value of damages or $500, whichever is greater; and,
(2). Reasonable attorney fees not to exceed $250, and court costs.
(3). All civil damages are in addition to any criminal restitution available under Utah’s criminal restitution laws.
All Misdemeanor trespassing convictions are expungeable so long as you successfully complete probation and you otherwise qualify for an expungement.
(1). Felony. 7 years after the case closes successfully.
(2). Misdemeanor A. 5 years after probation closes successfully.
(3). Misdemeanor B. 4 years after probation closes successfully.
(4). Misdemeanor C. Attempted Retail Theft. 3 years after probation closes successfully.
(5). Pleas in Abeyances. 30 days after probation closes successfully.
(6). Not Guilty Verdicts. Immediately.
(7). Charges, but No Filings. 180 days.
If you are told to leave a public place by the owner or owner’s agent and you refuse, you can be charged with trespass.
If signs are clearly on the property stating “No Trespassing” and you enter the property anyways, you are guilty of trespassing.
Often times as part of any criminal sentencing you will be trespassed by the court and trespassed again by the store.
Normally you need to get a court order to remove a tenant. But a long-term guest is not a tenant and can be removed without judicial process if certain elements are met.
A long-term guest was given permission by the owner, or owner’s agent to stay at the premises without paying rent.
A tenant will have a oral or written lease agreement and pay rents.
Process to Remove Long-Term Guest.
If the person is a long-term guest you must ask them to leave. If they don’t leave, you must call the police to make them leave. The police will determine if they are a long-term guest or tenant.
76-6-106. Criminal Mischief/Vandalism
76-6-107. Defacement by graffiti defined — Penalties — Removal costs — Reimbursement liability — Victim liability.
76-6-206.1 Criminal trespass of abandoned or inactive mines — Penalty.
76-6-206.2 Criminal trespass on state park lands — Penalties.
76-6-206.3 Criminal trespass on agricultural land or range land.
76-6-206.4 Criminal trespass by long-term guest to a residence.
76-6-206.5 Cutting, destroying, or rendering ineffective fencing of agricultural or range land.
76-6-206.6 Criminal trespass on private property for recreational purposes related to use of public waters.
76-6-6 Retail Theft.
76-6-206. Criminal trespass.
(1)
(a) As used in this section:
(i) “Enter” means intrusion of the entire body or the entire unmanned aircraft.
(ii) “Graffiti” means the same as that term is defined in Section 76-6-101.
(iii) “Remain unlawfully,” as that term relates to an unmanned aircraft, means remaining on or over private property when:
(A) the private property or any portion of the private property is not open to the public; and
(B) the person operating the unmanned aircraft is not otherwise authorized to fly the unmanned aircraft over the private property or any portion of the private property.
(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:
(a) the actor enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether the actor’s or unmanned aircraft’s presence will cause fear for the safety of another;
(b) knowing the actor’s or unmanned aircraft’s entry or presence is unlawful, the actor enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(c) the actor enters a condominium unit in violation of Subsection 57-8-7(8).
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) or (b) is a class B misdemeanor.
(b) If a violation of Subsection (2)(a) or (b) is committed in a dwelling, the violation is a class A misdemeanor.
(c) A violation of Subsection (2)(c) is an infraction.
(4) It is a defense to prosecution under this section that:
(a) the property was at the time open to the public; and
(b) the defendant complied with all lawful conditions imposed on access to or remaining on the property.
(5) In addition to an order for restitution under Section 77-38b-205, an actor who commits a violation of Subsection (2) may also be liable for:
(a) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater; and
(b) reasonable attorney fees not to exceed $250, and court costs.
(6) Civil damages under Subsection (5) may be collected in a separate action by the property owner or the owner’s assignee.
Amended by Chapter 111, 2023 General Session
