While it may not seem like a serious offense, it is against the law to trespass on public or private property. Under Utah law, this is a misdemeanor offense and can come with time in jail, probation, community service, fines, or other penalties. Additionally, this criminal offense often appears alongside other offenses, including vandalism and other misdemeanor offenses. Contacting a defense attorney can help you fight to keep the offense from creating a criminal record and avoid conviction.
Salt Lake City Criminal Trespassing Defense Lawyer
As a Salt Lake City defense attorney experienced in defending men, women, and youth charged in property crime, Darren M. Levitt confidently defends all of his clients. His knowledge of Utah’s property crime statutes and attention-to-detail can help you find weaknesses in the prosecution’s case that can be used to your benefit. To learn more about your legal options, call (801) 455-1743 or send an online message. Your initial consultation is free and can provide you with enough information to make an informed decision about your legal options.
Criminal Trespass under Utah’s Section 76-6-206
Under Utah Criminal Code § 76-6-206, criminal trespass involves an allegation that a person enters or remains unlawfully on property and does one of the following:
(a) the person enters or remains unlawfully on property and:
(i) intends to commit any crime, other than theft or a felony;
(ii) intends to cause injury or annoyance to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107; or
(iii) is reckless as to whether his presence will cause fear for the safety of another;
(b) knowing the defendant’s presence or entry is unlawful, the defendant remains or enters on property as to which notice against entering is given by:
(i) posting of signs reasonably likely to come to the attention of intruders; or
(ii) personal communication to the actor by the owner or someone with apparent authority to act for the owner; or
(iii) fencing or other enclosure obviously designed to exclude intruders; or
(c) the person enters a condominium unit in violation of Subsection 57-8-7(7).
Penalties for Trespass under Utah Law
Under Utah law, the offense is a class B misdemeanor unless it was committed in a dwelling. If the offense of criminal trespass was committed in a dwelling, then the offense is a class A misdemeanor. Any trespass of a condominium unit is an infraction.
Defenses for Criminal Trespass
Under Utah law, certain important defenses exist for the criminal trespass statute including a showing that the property was open to the public when the actor entered or remained. Furthermore, a defense may exist when the defendant’s conduct does not substantially interfere with the owner’s use of the property.
- Inactive or Abandoned Mines Criminal Trespass under Utah Criminal Code Section 76-6-206.1
- State Park Lands Criminal Trespass under Utah Criminal Code Section 76-6-206.2
- Range or Agricultural Land Criminal Trespass under Utah Criminal Code Section 76-6-206.3
- Burglary under section 76-6-202, 76-6-203, 76-6-204
- Commercial obstruction under Section 76-10-2402
Levitt Legal, PLLC || Trespassing Defense Lawyer in Salt Lake City
It’s important to take all charges for trespassing seriously. While the penalties may seem minimal compared to those for felony offenses, they will still appear on your criminal record. This can be a roadblock to certain future employment opportunities. Contact Levitt Legal today to learn more about your legal defense options.