Section 206.4 – Criminal trespass by long-term guest to a residence.

• (1) As used in this section:
  • (a) “Long-term guest” means an individual who is not a tenant but who is given express or implied permission by the person who is the primary occupant of the residence or someone with apparent authority to act for the primary occupant to enter a portion of a residence or temporarily occupy a portion of a residence:
    • (i) for a period of time longer than 48 hours; and
    • (ii) without providing the owner or primary occupant of the residence compensation or entering into an agreement that the individual provide labor in lieu of providing the owner or primary occupant compensation for occupying the residence.
  • (b) “Residence” means an improvement to real property used or occupied as a primary or secondary dwelling.
  • (c) “Tenant” means a person who has the right to occupy a residence under a rental agreement or lease, or has a tenancy by operation of law.

• (2) A long-term guest is guilty of criminal trespass of a residence if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204, the long-term guest remains in a residence after the long-term guest receives notice against remaining in the residence by personal communication to the long-term guest by the person who is the primary occupant of the residence or someone with apparent authority to act for the primary occupant.

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

• (4) Before a law enforcement officer escorts an individual from a residence for a violation of this section, the law enforcement officer shall provide the individual a reasonable time for the individual to collect the individual’s personal belongings.

Enacted by Chapter 287, 2017 General Session