Effective 7/1/2021
76-6-206.2. Criminal trespass on state park lands — Penalties.
76-6-206.2. Criminal trespass on state park lands — Penalties.
- (1) As used in this section:
- (a) “Authorization” means specific written permission by, or contractual agreement with, the Division of State Parks.
- (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 State Parks 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 an order for restitution under Section 77-38b-205, 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 260, 2021 General Session
Amended by Chapter 280, 2021 General Session