76-6-206 - Criminal trespass.
76-6-206. Criminal trespass.
(1) As used in this section, "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting toburglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section76-10-2402 regarding commercial obstruction:
(a) the person enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property,including the use of graffiti as defined in Section 76-6-107;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether his presence will cause fear for the safety of another;
(b) knowing the person's entry or presence is unlawful, the person enters or remains onproperty as to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent authorityto 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 person enters a condominium unit in violation of Subsection 57-8-7(7).
(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it wascommitted in a dwelling, in which event it is a class A misdemeanor.
(b) A violation of Subsection (2)(c) is an infraction.
(4) It is a defense to prosecution under this section that:
(a) the property was open to the public when the actor entered or remained; and
(b) the actor's conduct did not substantially interfere with the owner's use of the property.
Amended by Chapter 334, 2010 General Session