Utah § 76-6-206.6 - Criminal trespass on private property for recreational purposes related to use of public waters.
Full text of Utah Utah Code § 76-6-206.6 — Criminal trespass on private property for recreational purposes related to use of public waters., with citation guidance and answers to common questions.
§ 76-6-206.6. Criminal trespass on private property for recreational purposes related to use of public waters.
Effective 5/3/2023 76-6-206.6.
Criminal trespass on private property for recreational purposes related to use of public waters.
(1)
(a)
As used in this section:
(i)
"Bank" means the land within three feet of a public water.
(ii)
"Private property" means the bed or bank of a non-navigable freshwater stream or river that flows through privately owned land and is privately owned.
(iii)
"Private property to which access is restricted" means the same as that term is defined in Section 73-29-102.
(iv)
"Recreational purpose" includes one or more of the following:
(A)
hunting;
(B)
fishing;
(C)
swimming;
(D)
skiing;
(E)
snowshoeing;
(F)
camping;
(G)
picnicking;
(H)
hiking;
(I)
studying nature;
(J)
engaging in water sports;
(K)
mountain biking; or
(L)
viewing or enjoying historical, archaeological, scenic, or scientific sites.
(b)
Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2)
An actor is guilty of criminal trespass if for recreational purposes, under circumstances not amounting to a greater offense, and without authorization or a right under state law:
(a)
the actor touches or remains unlawfully on private property to which access is restricted in violation of Section 73-29-201 and:
(i)
intends to cause annoyance or injury to a person or damage to property;
(ii)
intends to commit a crime, other than theft or a felony; or
(iii)
is reckless as to whether the actor's presence will cause fear for the safety of another; or
(b)
knowing the actor's touching or presence is unlawful, the actor touches or remains on private 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.
(3)
A violation of Subsection (2) is a class B misdemeanor.
(4)
It is a defense to prosecution under this section that:
(a)
(i)
the private property was at the time open to the public; and
(ii)
the actor complied with all lawful conditions imposed on access to or remaining on the private property;
(b)
the actor acted in compliance with an express easement; or
(c)
the actor touched the private property as allowed by Section 73-29-202.
(5)
In addition to an order for restitution under Section 77-38b-205, an actor who violates Subsection (2) is also liable for:
(a)
statutory damages in the amount of the greater of:
(i)
three times the value of damages resulting from the violation of Subsection (2); or
(ii)
$500;
(b)
reasonable attorney fees not to exceed $250; and
(c)
court costs.
(6)
Civil damages under Subsection (5) may be collected in a separate action by the private property owner or the owner's assignee.
Frequently Asked Questions About Utah § 76-6-206.6
What does Utah Code § 76-6-206.6 cover?
Section 76-6-206.6 ("Criminal trespass on private property for recreational purposes related to use of public waters.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-6-206.6?
A common citation format is "Utah Code § 76-6-206.6" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-6-206.6 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
