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9.44.020. Criminal trespass

            (1)        For purposes of this Section "enter" means intrusion of the entire body.

            (2)        A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Sections 76-6-202, 76-6-203, or 76-6-204 of the Utah Code (as amended).

                        (a)        The person enters or remains unlawfully on property and:

                                    (i)         intends to cause annoyance or injury to any person thereon or damage to any property thereon;

                                    (ii)        intends to commit any crime, other than theft or a felony; or

                                    (iii)       is reckless as to whether the person's presence will cause fear for the safety of another.

                        (b)        Knowing the person's entry or presence is unlawful, the person enters or remains on property as 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)        It is a defense to prosecution under this Section:

                        (a)        That the property was open to the public when the actor entered or remained; and

                        (b)        The actor's conduct did not substantially interfere with the owner's use of the property.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 13-21, Amended, 6/20/2013

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