It is a crime to hunt while trespassing in Utah. You had better have your GPS on with the local maps showing your whereabouts. You had better know your hunting and property boundaries. If not, you can be charged with Wanton Destruction (Utah Code 23A-5-311) or Taking Protected Wildlife While Trespassing, a Class B Misdemeanor (Utah Code 23A-5-311).
The Utah wildlife crime of Taking Protected Wildlife While Trespassing requires the government to prove beyond a reasonable doubt that you knew you were trespassing, you intentionally did it, or you were so reckless in your conduct that you caused yourself to be trespassing while hunting.
Utah wildlife trespassing laws distinguish between cultivated land and wild undisturbed land. It is automatic that you should know you can’t trespass on cultivated land. It is per se private.
“Cultivated lands” means land that is readily identifiable as: land whose soil is loosened or broken up for the raising of crops; land used for the raising of crops; or pasturage which is artificially irrigated.
Land that that is cultivated doesn’t need to be posted like wild, uncultivated land.
You need written permission that is clear you have authority to hunt the private land. The written permission should be clear, but a minimum should have: the signature of the owner or person in charge; the name of the person being given permission; the appropriate dates; and a general description of the property.
It is a defense that you innocently trespassed while hunting and you had no idea and were not reckless in how you did it. It is a defense to a wildlife trespassing charge that the property was not property posted.
(1). Signs, bright yellow or orange or fluorescent paint clearly displayed at the corners, fishing streams crossing property lines, roads, gates, and rights-of-way entering the land; or
(2). Signs in a manner that would reasonably be expected to be seen by a person in the area. See Utah Code 23A-5-311(1)(c).
The defense to trespassing wildlife charges are that the property was not fully posted. The defense is innocent trespassing. You didn’t know. The property was not posted.
Unless otherwise stated in the statute criminalizing conduction, the person must act intentionally, knowingly or reckless when committing the criminal act. See Utah Code 76-2-102. Intentionally, knowingly and reckless are Utah’s default statutory mens reas found at Utah Code 76-2-103. Definitions which reads:
(1) Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.
(2) Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
(3) Recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
If the statute does not specify a mens rea, it defaults to “Intentionally, Knowingly or Recklessly.”
Thank our federal and Utah constitutions! The jury decides if you were innocently trespassing or if the property was adequately marked. The people of the county where the hunting offense occurred decide factual disputes such as your mindset or whether the property was properly posted.
Here is the history of the Posting Wildlife Law in Utah.
The new 23A-5-317 effective 07/01/2024 changed the word authorization to documented. No other changes occurred.
In 2023 general legislative session, 23A-5-317 was revised to show recodification of the Utah Wildlife Resources Act. No substative changes occurred to posting statute.
Effective 7/1/2023 Effective until 7/1/2024 23A-5-317. Posted property — Hunting by permission — Entry on private land while hunting or fishing — Violations — Penalty — Prohibitions inapplicable to officers.
Renumbered and Amended by Chapter 103, 2023 General Session
Superseded 5/4/2022 23-20-14. Definitions — Posted property — Hunting by permission — Entry on private land while hunting or fishing — Violations — Penalty — Prohibitions inapplicable to officers.
Effective 2012
Superseded 5/4/2022
23-20-14. Definitions — Posted property — Hunting by permission — Entry on private land while hunting or fishing — Violations — Penalty — Prohibitions inapplicable to officers.
(1) As used in this section:
(a) “Cultivated land” means land that is readily identifiable as:
(i) land whose soil is loosened or broken up for the raising of crops;
(ii) land used for the raising of crops; or
(iii) pasturage which is artificially irrigated.
(b) “Division” means the Division of Wildlife Resources.
(c) “Permission” means written authorization from the owner or person in charge to enter upon private land that is either cultivated or properly posted, and shall include:
(i) the signature of the owner or person in charge;
(ii) the name of the person being given permission;
(iii) the appropriate dates; and
(iv) a general description of the property.
(d) “Properly posted” means that signs prohibiting trespass or bright yellow, bright orange, or fluorescent paint are clearly displayed:
(i) at all corners, fishing streams crossing property lines, roads, gates, and rights-of-way entering the land; or
(ii) in a manner that would reasonably be expected to be seen by a person in the area.
(2)
(a) While taking wildlife or engaging in wildlife related activities, a person may not:
(i) without permission, enter upon privately owned land that is cultivated or properly posted;
(ii) enter or remain on privately owned land if the person has notice to not enter or remain on the privately owned land; or
(iii) obstruct any entrance or exit to private property.
(b) A person has notice to not enter or remain on privately owned land if:
(i) the person is directed to not enter or remain on the land by:
(A) the owner of the land;
(B) the owner’s employee; or
(C) a person with apparent authority to act for the owner; or
(ii) the land is fenced or otherwise enclosed in a manner that a reasonable person would recognize as intended to exclude intruders.
(c) The division shall provide “hunting by permission cards” to a landowner upon the landowner’s request.
(d) A person may not post:
(i) private property the person does not own or legally control; or
(ii) land that is open to the public as provided by Section 23-21-4.
(3)
(a) A person convicted of violating Subsection (2)(a) may have the person’s license, tag, certificate of registration, or permit, relating to the activity engaged in at the time of the violation, revoked by a hearing officer.
(b) A hearing officer may construe any subsequent conviction which occurs within a five-year period as a flagrant violation and may prohibit the person from obtaining a new license, tag, certificate of registration, or permit for a period of up to five years.
(4) Subsection (2)(a) does not apply to peace or conservation officers in the performance of their duties.
(5)
(a) The division shall provide information regarding owners’ rights and sportsmen’s duties:
(i) to anyone holding licenses, certificates of registration, tags, or permits to take wildlife; and
(ii) by using the public media and other sources.
(b) The restrictions in this section relating to trespassing shall be stated in all hunting and fishing proclamations issued by the Wildlife Board.
(6) A person who violates Subsection (2)(a) or (d) is guilty of a class B misdemeanor.
