Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 68 (2022GS)

Sponsor

Sen. Sandall, S.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• imposes liability for civil damages against a person who is convicted of criminal trespass or of entering on private land, without permission, while hunting or fishing;
• adjusts the amount of civil damages that a person may be liable for when the person commits criminal trespass on agricultural land or range land; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

TRESPASS PENALTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: 
Joel Ferry
LONG TITLE
General Description:
This bill makes changes related to civil penalties for trespassing on private property.
Highlighted Provisions:
This bill:
▸ imposes liability for civil damages against a person who is convicted of criminal
trespass or of entering on private land, without permission, while hunting or fishing;
▸ adjusts the amount of civil damages that a person may be liable for when the person
commits criminal trespass on agricultural land or range land; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23-20-14
, as last amended by Laws of Utah 2012, Chapter 268
76-6-206
, as last amended by Laws of Utah 2017, Chapter 364
76-6-206.3
, as last amended by Laws of Utah 2021, Chapter 260
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
23-20-14
 is amended to read:
23-20-14.
Definitions -- Posted property -- Hunting by permission -- Entry on
private land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable
to officers.
(1) As used in this section:
(a) "Cultivated land" means land that is readily identifiable as:
(i) land whose soil is loosened or broken up for the raising of crops;
(ii) land used for the raising of crops; or
(iii) pasturage which is artificially irrigated.
(b) "Division" means the Division of Wildlife Resources.
(c) "Permission" means written authorization from the owner or person in charge to
enter upon private land that is either cultivated or properly posted, and shall include:
(i) the signature of the owner or person in charge;
(ii) the name of the person being given permission;
(iii) the appropriate dates; and
(iv) a general description of the property.
(d) "Properly posted" means that signs prohibiting trespass or bright yellow, bright
orange, or fluorescent paint are clearly displayed:
(i) at all corners, fishing streams crossing property lines, roads, gates, and
rights-of-way entering the land; or
(ii) in a manner that would reasonably be expected to be seen by a person in the area.
(2) (a) While taking wildlife or engaging in wildlife related activities, a person may
not:
(i) without permission, enter upon privately owned land that is cultivated or properly
posted;
(ii) enter or remain on privately owned land if the person has notice to not enter or
remain on the privately owned land; or
(iii) obstruct any entrance or exit to private property.
(b) A person has notice to not enter or remain on privately owned land if:
(i) the person is directed to not enter or remain on the land by:
(A) the owner of the land;
(B) the owner's employee; or
(C) a person with apparent authority to act for the owner; or
(ii) the land is fenced or otherwise enclosed in a manner that a reasonable person
would recognize as intended to exclude intruders.
(c) The division shall provide "hunting by permission cards" to a landowner upon the
landowner's request.
(d) A person may not post:
(i) private property the person does not own or legally control; or
(ii) land that is open to the public as provided by Section 
23-21-4
.
(3) (a) A person convicted of violating Subsection (2)(a) may have the person's license,
tag, certificate of registration, or permit, relating to the activity engaged in at the time of the
violation, revoked by a hearing officer.
(b) A hearing officer may construe any subsequent conviction which occurs within a
five-year period as a flagrant violation and may prohibit the person from obtaining a new
license, tag, certificate of registration, or permit for a period of up to five years.
(4) Subsection (2)(a) does not apply to peace or conservation officers in the
performance of their duties.
(5) (a) The division shall provide information regarding owners' rights and sportsmen's
duties:
(i) to anyone holding licenses, certificates of registration, tags, or permits to take
wildlife; and
(ii) by using the public media and other sources.
(b) The restrictions in this section relating to trespassing shall be stated in all hunting
and fishing proclamations issued by the Wildlife Board.
(6) A person who violates Subsection (2)(a) or (d) is guilty of a class B misdemeanor[
.
]
and liable for the civil damages described in Subsection (7).
(7) In addition to an order for restitution under Section 
77-38b-205
, a person who
commits a violation of Subsection (2)(a) or (d) may also be liable for:
(a) statutory damages in the amount of three times the value of damages resulting from
the violation of Subsection (2)(a) or (d) or $500, whichever is greater; and
(b) reasonable attorney fees not to exceed $250, and court costs.
(8) Civil damages under Subsection (7) may be collected in a separate action by the
property owner or the owner's assignee.
Section 2. Section 
76-6-206
 is amended to read:
76-6-206.
Criminal trespass.
(1) As used in this section:
(a) "Enter" means intrusion of the entire body or the entire unmanned aircraft.
(b) "Remain unlawfully," as that term relates to an unmanned aircraft, means remaining
on or over private property when:
(i) the private property or any portion of the private property is not open to the public;
and
(ii) the person operating the unmanned aircraft is not otherwise authorized to fly the
unmanned aircraft over the private property or any portion of the private property.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to
burglary as defined in Section 
76-6-202
, 
76-6-203
, or 
76-6-204
 or a violation of Section
76-10-2402
 regarding commercial obstruction:
(a) the person enters or remains unlawfully on or causes an unmanned aircraft to enter
and remain unlawfully over 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 the person's or unmanned aircraft's presence will cause
fear for the safety of another;
(b) knowing the person's or unmanned aircraft's entry or presence is unlawful, the
person enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over
property to which notice against entering is given by:
(i) personal communication to the person by the owner or someone with apparent
authority to 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
(8).
(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless the
violation is committed in a dwelling, in which event the violation 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 at the time open to the public; and
(b) the actor complied with all lawful conditions imposed on access to or remaining on
the property.
(5) In addition to an order for restitution under Section 
77-38b-205
, a person who
commits a violation of Subsection (2) may also be liable for:
(a) statutory damages in the amount of three times the value of damages resulting from
the violation of Subsection (2) or $500, whichever is greater; and
(b) reasonable attorney fees not to exceed $250, and court costs.
(6) Civil damages under Subsection (5) may be collected in a separate action by the
property owner or the owner's assignee.
Section 3. Section 
76-6-206.3
 is amended to read:
76-6-206.3.
Criminal trespass on agricultural land or range land.
(1) As used in this section:
(a) "Agricultural or range land" and "land" mean land as defined under Subsections
(1)(d) and (e).
(b) "Authorization" means specific written permission by, or contractual agreement
with, the owner or manager of the property.
(c) "Criminal trespass" means the elements of the crime of criminal trespass under
Section 
76-6-206
.
(d) "Land in agricultural use" has the same meaning as in Section 
59-2-502
.
(e) "Range land" means privately owned land that is not fenced or divided into lots and
that is generally unimproved. This land includes land used for livestock.
(2) A person is guilty of the class B misdemeanor criminal offense of criminal trespass
on agricultural or range land and is liable for the civil damages under Subsection (5) if, under
circumstances not amounting to a greater offense, and without authorization or a right under
state law, the person enters or remains on agricultural or range land regarding which notice
prohibiting entry is given by:
(a) personal communication to the person by the owner of the land, an employee of the
owner, or a person with apparent authority to act for the owner;
(b) fencing or other form of enclosure a reasonable person would recognize as intended
to exclude intruders; or
(c) posted signs or markers that would reasonably be expected to be seen by persons in
the area of the borders of the land.
(3) A person is guilty of the class B misdemeanor criminal offense of cutting,
destroying, or rendering ineffective the fencing of agricultural or range land if the person
willfully cuts, destroys, or renders ineffective any fencing as described under Subsection (2)(b).
(4) In addition to an order for restitution under Section 
77-38b-205
, a person who
commits any violation of Subsection (2) or (3) may also be liable for:
(a) statutory damages in the amount of 
three times
 the value of damages resulting from
the violation of Subsection (2) or $500, whichever is greater; and
(b) reasonable attorney fees not to exceed $250, and court costs.
(5) Civil damages under Subsection (4) may be collected in a separate action by the
owner of the agricultural or range land or the owner's assignee.