2015 Utah Code
Title 76 - Utah Criminal Code
Chapter 6 - Offenses Against Property
Part 2 - Burglary and Criminal Trespass
Section 206.2 - Criminal trespass on state park lands -- Penalties.

76-6-206.2. Criminal trespass on state park lands -- Penalties.

• (1) For purposes of this section:
  • (a) "Authorization" means specific written permission by, or contractual agreement with, the Division of Parks and Recreation.
  • (b) "Criminal trespass" means the elements of the crime of criminal trespass, as set forth in Section 76-6-206.
  • (c) "Division" means the Division of Parks and Recreation, created in Section 79-4-201.
  • (d) "State park lands" means all lands administered by the division.

• (2) A person is guilty of criminal trespass on state park lands and is liable for the civil damages prescribed in Subsection (5) if, under circumstances not amounting to a greater offense, and without authorization, the person:
  • (a) constructs improvements or structures on state park lands;
  • (b) uses or occupies state park lands for more than 30 days after the cancellation or expiration of authorization;
  • (c) knowingly or intentionally uses state park lands for commercial gain;
  • (d) intentionally or knowingly grazes livestock on state park lands, except as provided in Section 72-3-112; or
  • (e) remains, after being ordered to leave by someone with actual authority to act for the division, or by a law enforcement officer.

• (3) A person is not guilty of criminal trespass if that person enters onto state park lands:
  • (a) without first paying the required fee; and
  • (b) for the sole purpose of pursuing recreational activity.

• (4) A violation of Subsection (2) is a class B misdemeanor.

• (5) In addition to restitution, as provided in Section 76-3-201, a person who commits any act described in Subsection (2) may also be liable for civil damages in the amount of three times the value of:
  • (a) damages resulting from a violation of Subsection (2);
  • (b) the water, mineral, vegetation, improvement, or structure on state park lands that is removed, destroyed, used, or consumed without authorization;
  • (c) the historical, prehistorical, archaeological, or paleontological resource on state park lands that is removed, destroyed, used, or consumed without authorization; or
  • (d) the consideration which would have been charged by the division for unauthorized use of the land and resources during the period of trespass.

• (6) Civil damages under Subsection (5) may be collected in a separate action by the division, and shall be deposited in the State Parks Fees Restricted Account as established in Section 79-4-402.

Amended by Chapter 344, 2009 General Session