Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 55 (2025GS)

Sponsor

Sen. Balderree, Heidi

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• authorizes property owners or their agents to request assistance from law enforcement for the immediate removal of a trespasser from real property under certain conditions;
• requires an owner seeking removal of a trespasser, or the owner's authorized agent, to submit a complaint;
• specifies requirements for the complaint;
• provides requirements for law enforcement;
• authorizes law enforcement to arrest a trespasser for legal cause;
• authorizes the owner or agent to request that law enforcement stand by while the owner or agent takes possession of the property;
• provides that law enforcement is not liable to any party for loss, destruction, or damage;
• provides that the property owner or agent is not liable to any party for the loss or destruction of, or damage to, personal property unless it was wrongfully removed;
• provides civil remedies;
• imposes criminal penalties for unlawfully possessing of, occupying on, or trespassing on real property intentionally and causing a specified amount of damage;
• imposes criminal penalties for any person who knowingly and willfully presents a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights;
• imposes criminal penalties for fraudulently listing or advertising for sale, or renting or leasing, residential real property under certain circumstances; and
• provides criminal penalties for committing perjury.

Every vote on this bill

Bill text

6
76-6-106.2
76-6-206
76-6-525
78B-6-817
0
Unauthorized Use of Real Property Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Heidi Balderree
House Sponsor: Karianne Lisonbee
LONG TITLE
General Description:
This bill addresses the consequences of unauthorized use of real property by providing a 
limited alternative remedy to remove a trespasser from real property and providing a criminal 
penalty for the fraudulent sale or rental of real property.
Highlighted Provisions:
This bill:
authorizes property owners or their agents to request assistance from law enforcement for 
the immediate removal of a trespasser from real property under certain conditions;
requires an owner seeking removal of a trespasser, or the owner's authorized agent, to 
submit a complaint;
specifies requirements for the complaint;
provides requirements for law enforcement;
authorizes law enforcement to arrest a trespasser for legal cause;
authorizes the owner or agent to request that law enforcement stand by while the owner or 
agent takes possession of the property; 
provides that law enforcement is not liable to any party for loss, destruction, or damage;
provides that the property owner or agent is not liable to any party for the loss or 
destruction of, or damage to, personal property unless it was wrongfully removed;
provides civil remedies;
imposes criminal penalties for unlawfully possessing of, occupying on, or trespassing on 
real property intentionally and causing a specified amount of damage;
imposes criminal penalties for any person who knowingly and willfully presents a false 
document purporting to be a valid lease agreement, deed, or other instrument conveying 
real property rights;
imposes criminal penalties for fraudulently listing or advertising for sale, or renting or 
leasing, residential real property under certain circumstances; and 
provides criminal penalties for committing perjury.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-206
, as last amended by Laws of Utah 2024, Chapter 2
ENACTS:
76-6-106.2
, Utah Code Annotated 1953
76-6-525
, Utah Code Annotated 1953
78B-6-817
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-6-106.2
 is enacted to read:
76-6-106.2
. Property damage or destruction by a trespasser on real property.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-6-101
 apply to this section.
(2)
An actor commits property damage or destruction by a trespasser on real property if, 
under circumstances not amounting to burglary as defined in Section 
76-6-202
 or 
76-6-203
, the actor:
(a)
enters or remains unlawfully on real property; and
(b)
causes damage or pecuniary loss equal to or in excess of $1,500.
(3)
A violation of Subsection 
(2)
 is a second degree felony.
Section 2, Section 
76-6-206
 is amended to read:
76-6-206
. Criminal trespass.
(1)
(a)
As used in this section:
(i)
"Enter" means intrusion of the entire body or the entire unmanned aircraft.
(ii)
"Graffiti" means the same as that term is defined in Section 
76-6-101
.
(iii)
"Remain unlawfully," as that term relates to an unmanned aircraft, means 
remaining on or over private property when:
(A)
the private property or any portion of the private property is not open to the 
public; and
(B)
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.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-6-201
 apply to this section.
(2)
An actor commits criminal trespass if, under circumstances not amounting to burglary 
as defined in Section 
76-6-202
, 
76-6-203
, or 
76-6-204
, a violation of Section 
76-6-106.2
,
or a violation of Section 
76-10-2402
 regarding commercial obstruction:
(a)
the actor 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;
(ii)
intends to commit any crime, other than theft or a felony; or
(iii)
is reckless as to whether the actor's or unmanned aircraft's presence will cause 
fear for the safety of another;
(b)
knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor 
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 actor 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; 
(c)
the actor enters a condominium unit in violation of Section 
57-8-7
(8); or
(d)
the actor enters a sex-designated changing room in violation of Subsection 
63G-31-302
(3).
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) , (b), or 
(d) is a class B misdemeanor.
(b)
The following is a class A misdemeanor:
(i)
if a violation of Subsection (2)(a) or (b) is committed in a dwelling;
(ii)
if a violation of Subsection (2)(d) is committed while also committing the offense 
of:
(A)
lewdness under Section 
76-9-702
;
(B)
lewdness involving a child under Section 
76-9-702.5
;
(C)
voyeurism under Section 
76-9-702.7
; or
(D)
loitering in a privacy space under Section 
76-9-702.8
; or
(iii)
if a violation of Subsection (2)(d) is committed in a sex-designated privacy 
space, as defined in Section 
76-9-702.8
, that is not designated for individuals of 
the actor's sex.
(c)
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 defendant 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
, an actor 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 
76-6-525
 is enacted to read:
76-6-525
. Fraudulent advertisement, sale, lease, or mortgaging of real property.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits fraudulent advertisement, sale, lease, or mortgaging of real property 
if the actor knowingly:
(a)
(i)
lists or advertises residential real property for sale; or
(ii)
sells, leases, or mortgages real property; and
(b)
does not have legal title to the property or authority to advertise, sell, lease, or 
mortgage the real property.
(3)
A violation of Subsection 
(2)
 is a second degree felony.
Section 4, Section 
78B-6-817
 is enacted to read:
78B-6-817
. Limited alternative remedy to remove a trespasser from real 
property.
(1)
An owner of real property, or the property owner's authorized agent, may request that 
law enforcement of the appropriate jurisdiction in which the real property is located, 
immediately remove a trespasser occupying the real property if the property owner, or 
an authorized agent of the property owner, attests that:
(a)
the trespasser has unlawfully entered and remains on the real property;
(b)
the real property was not open to members of the public at the time the trespasser 
entered;
(c)
the property owner has directed the trespasser to leave the real property;
(d)
the trespasser is not a current or former tenant of the real property under a written 
rental agreement authorized by the property owner;
(e)
the trespasser is not an immediate family member of the property owner; and
(f)
there is no pending litigation related to the real property between the property owner 
and the trespasser.
(2)
(a)
To request the immediate removal of a trespasser on the real property, the 
property owner or property owner's authorized agent shall submit a complaint by 
presenting a completed and verified Complaint to Remove Trespassers Unlawfully 
Occupying Real Property to law enforcement of the appropriate jurisdiction in which 
the real property is located.
(b)
The submitted complaint shall be in substantially the following form:
"COMPLAINT TO REMOVE TRESPASSERS UNLAWFULLY OCCUPYING 
REAL PROPERTY
I, the owner or authorized agent of the owner of the real property located at 
[physical address of the real property], declare under the penalty of perjury that 
(initial each box):
1. ...... I am the owner of the real property or the authorized agent of the owner of 
the real property.
2. ...... I have attached evidence that I am the record owner of the real property, or 
the authorized agent of the owner.
3. ...... A trespasser has unlawfully entered and is remaining or residing unlawfully 
on the real property.
4. ...... The real property was not open to members of the public at the time the 
trespasser entered.
5. ...... I have directed the trespasser to leave the real property, but the trespasser 
has not done so.
6. ...... The trespasser is not a current or former tenant according to any valid lease 
authorized by the property owner for the real property, and any lease that may be 
produced by an occupant is fraudulent.
7. ...... The trespasser sought to be removed is not an owner or a co-owner of the 
property and has not been listed on the title to the property unless the trespasser has 
engaged in title fraud.
8. ...... The trespasser is not an immediate family member of the property owner.
9. ...... There is no litigation related to the real property pending between the 
property owner and any trespasser sought to be removed.
10. ...... I understand that an individual removed from the real property with this 
procedure may bring a cause of action against me for any false statements made in 
this complaint, or for wrongfully using this procedure, and that as a result of such 
action I may be held liable for actual damages, penalties, costs, and reasonable 
attorney fees.
11. ...... I am requesting law enforcement to immediately remove the trespasser 
from the real property.
12. ...... A copy of my valid government-issued identification is attached, or I am 
an agent of the property owner and documents evidencing my authority to act on the 
property owner's behalf are attached.
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND 
EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE 
STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER 
PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN UTAH CODE, 
SECTION 
76-8-502
.
................................................................................
(Signature of Property Owner or Authorized Agent of Owner)"
(3)
(a)
Upon receipt of the complaint and evidence of ownership, and the owner or 
authorized agent appears entitled to the relief described in this section, law 
enforcement shall, without delay, instruct the trespasser or serve a notice to 
immediately vacate on any trespasser and shall put the owner or authorized agent in 
possession of the real property.
(b)
If verified, law enforcement shall, without delay, serve a notice to immediately 
vacate on any trespasser and shall put the owner in possession of the real property.
(c)
Law enforcement may serve the trespasser by hand delivery of the notice or by 
posting the notice on the real property.
(d)
Law enforcement shall attempt to verify the identity of any trespasser occupying the 
real property and note the identities on the return of service.
(e)
If appropriate, law enforcement may arrest any trespasser found on the real property 
for trespass, outstanding warrants, or any other legal cause.
(4)
(a)
After law enforcement serves the notice to immediately vacate, the property 
owner or authorized agent may request that law enforcement stand by to keep the 
peace while the property owner or authorized agent of the property owner changes 
the locks and removes the personal property of the trespasser from the real property 
to or near the property line.
(b)
Law enforcement is not liable to the trespasser or any other party for loss, 
destruction, or damage of property.
(c)
The property owner and authorized agent are not liable to the trespasser or any other 
party for the loss, destruction, or damage to the personal property unless the removal 
was wrongful.
(5)
(a)
An individual may bring a civil cause of action for wrongful removal under this 
section.
(b)
(i)
An individual harmed by a wrongful removal under this section may be 
restored to possession of the real property and may recover actual costs and 
damages incurred, statutory damages equal to triple the fair market rent of the 
dwelling, court costs, and reasonable attorney fees.
(ii)
The court shall expedite the trial and any hearing in an action described in this 
Subsection (5).
(6)
This section does not limit the rights of a property owner or limit the authority of a law 
enforcement officer to arrest a trespasser for trespassing, vandalism, theft, or other 
crimes.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 11:53 AM