The classic criminal trespass charges in Provo are going onto a property without authorization. Commonly BYU students get charged for entering the BYU football stadium without permission.
Don’t let a simple charge like this ruin your clean criminal record.
A person commits criminal trespass if the person enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property and:
(1). intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti;
(2). intends to commit any crime, other than theft or a felony; or
(3). is reckless as to whether the actor’s or unmanned aircraft’s presence will cause fear for the safety of another;
A person commits criminal trespass if knowing the person’s or unmanned aircraft’s entry or presence is unlawful, the person enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by:
(1). personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(2). fencing or other enclosure obviously designed to exclude intruders; or
(3). posting of signs reasonably likely to come to the attention of intruders; or
(4). the actor enters a condominium unit in violation of Subsection 57-8-7(8).
The code for criminal trespass is found at 76-6-206 (2024). The basics are that if you enter property illegally, that is criminal trespassing. If you enter property, public or private legally, but are told to leave, that is criminal trespass. If you think flying a drone over someone’s property will go over well—that is criminal trespass.
BYU Stadium. Even though the BYU football stadium is open to the public, it is off limits when games or events are not occurring.
Illegally trespassing in mines.
Being on property that has posted “No Trespassing” signs.
Being at a public retailer space, told to leave, but refuses to leave timely.
Being at a private residence and told to leave, but refuses to leave.
Even though you lawfully entered Walmart in Provo, you can be told to leave and if refuse to leave it is criminal trespass.
Criminal trespass is normally a Class B Misdemeanor. If you are found to be trespassing in someone’s home, it is a Class A Misdemeanor. If you are trespassing in a condominium commons area, it is an Infraction. Utah law, like most states across the Union treasure the sanctity of the home and Utah’s law reflects that with increased jail time.
Class A Misdemeanor. Up to 364 days in the county jail. Prison is not possible.
Up to a $2,500 fine.
Class B Misdemeanor. Up to 6 months in the county jail. Prison is not possible.
Up to a $1,000 fine.
Class C Misdemeanor. Up to 90 days in the county jail. Prison is not possible.
Up to a $750 fine.
Infraction. Incarceration is not possible with infractions.
Up to a $750 fine.
Common probationary terms for a conviction or first-time offender program (plea in abeyance) are:
(1). 12 months of court probation. Court probation is also called bench probation or informal, non-reporting probation. Bench probation is the lowest level of probation in Utah. You can’t commit any additional crimes or have charges while on probation.
(2). $690 Fine. The bail schedule fine for a Class B Misdemeanor criminal trespass is $690. Bail schedules are the recommended fine for a first-time offense.
(3). Educational Class. Sometimes the court will require you to take a thinking errors or educational class about problematic behavior and how to fix it.
Yes, you can be sued civilly for criminal trespass. There are statutory attorney’s fees not to exceed $250 bult into the criminal statute. You can be prosecuted criminally for trespassing and be sued civilly for the same event.
Although helpful, “No Trespassing” signs are not needed for a criminal conviction Utah. If you are told to leave and don’t leave, that is criminal trespassing.
You should always seek an expungement when eligible to do so. Not having a criminal record is superior for clearances, licenses, housing, loans and employment.
Every grade of conviction in Utah has a waiting period to expunge.
(Qualifying) Felonies. 7 years after the case closes successfully.
Misdemeanor A. 5 years after the case closes successfully.
Misdemeanor B. 4 years after the case closes successfully.
Misdemeanor C. 3 years after the case closes successfully.
Infraction. 3 years after the case closes successfully.
Pleas in Abeyances. 30 days after probation ends.
Acquittal by Judge or Jury. Expedited by the Bureau of Criminal Identification.
Utah Criminal Mischief Lawyer
Justice Court Misdemeanor Defense
Criminal trespass of abandoned or inactive mines — Penalty.
Criminal trespass on state park lands — Penalties.
Criminal trespass on agricultural land or range land.
Criminal trespass by long-term guest to a residence.
Cutting, destroying, or rendering ineffective fencing of agricultural or range land.
Criminal trespass on private property for recreational purposes related to use of public waters.
Effective 5/3/2023 76-6-206. Criminal trespass.
Amended by Chapter 111, 2023 General Session