65A-3-1 - Trespassing on state lands -- Penalties.
65A-3-1. Trespassing on state lands -- Penalties.
(1) A person is guilty of a class B misdemeanor and liable for the civil damagesprescribed in Subsection (3) if, without written authorization from the division, the person:
(a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel, sand,soil, vegetation, or improvement on state lands;
(b) grazes livestock on state lands;
(c) uses, occupies, or constructs improvements or structures on state lands;
(d) uses or occupies state lands for more than 30 days after the cancellation or expirationof written authorization;
(e) knowingly and willfully uses state lands for commercial gain;
(f) appropriates, alters, injures, or destroys any historical, prehistorical, archaeological, orpaleontological resource on state lands;
(g) camps on the beds of navigable lakes and rivers except in posted and designatedareas; or
(h) parks or operates motor vehicles on the beds of navigable lakes and rivers except inthose areas supervised by the Division of Parks and Recreation or other state or localenforcement entity and which are posted as open to vehicle use.
(2) A person is guilty of a class C misdemeanor and liable for civil damages prescribedin Subsection (3) if the person is in violation of any of the following regarding Bear Lake:
(a) From October 1 through April 30, motor vehicle use and camping or picnicking areallowed on the exposed lake bed, except that:
(i) motor vehicles are not allowed on lands administered by the Division of Parks andRecreation;
(ii) the speed limit is 20 miles per hour;
(iii) except as necessary to launch or retrieve watercraft, motor vehicles are not allowedwithin 100 feet of the water's edge; and
(iv) motor vehicle travel parallel to the water's edge is allowed, except within 100 feet ofthe water's edge.
(b) From May 1 through September 30, motor vehicle use and camping or picnicking areallowed on the exposed lake bed, except that:
(i) motorized vehicle usage is not allowed in areas specifically posted prohibiting usage;
(ii) the established speed limit is 15 miles per hour;
(iii) except as necessary to launch or retrieve watercraft, motor vehicles are not allowedwithin 100 feet of the water's edge;
(iv) unless posted, no motor vehicles may travel parallel to the water's edge;
(v) camping and use of motorized vehicles are prohibited between the hours of 10 p.m.and 7 a.m.; and
(vi) no campfires or fireworks are allowed.
(3) A person who commits any act described in Subsection (1) or (2) is liable fordamages in the amount of:
(a) three times the value of the mineral or other resource removed, destroyed, orextracted;
(b) three times the value of damage committed; or
(c) three times the consideration which would have been charged by the division for useof the land during the period of trespass.
(4) In addition to the damages described in Subsection (3), a person found guilty of amisdemeanor under Subsection (1) or (2) is subject to the penalties provided in Section 76-3-204.
(5) Money collected under this section shall be deposited in the fund in which similarrevenues from that land would be deposited.
Amended by Chapter 322, 2007 General Session