Elements of a Utah Criminal Trespass Charge
Under Utah criminal law, the offense of criminal trespass can be committed in various ways. Each variant requires proof that a person entered or remained unlawfully on or in property. But the different variations require different evidence of the defendant’s intent or mental state.
The most common variant of criminal trespass requires evidence that the defendant actually knew that “his entry or presence is unlawful” and nevertheless entered or remained on property “as to which notice against entering” has been given. The required notice can be given either by personal communication by the owner or other person in authority, by “fencing or other enclosure obviously designed to exclude intruders” or by “posting of signs reasonably likely to come to the attention of intruders.”
The best defense attorneys ask questions that police don’t.
A less-frequently seen variation on a Utah criminal trespass charge does not require proof of actual knowledge that the defendant’s presence was unlawful. Instead, this variant of criminal trespass can be supported by evidence that entered or remained unlawfully with either the intent to “cause annoyance or injury to any person or damage to any property,” or with the intent “to commit any crime, other than theft or a felony” (trespass with the intent to commit a theft or felony can be filed as a felony burglary). This kind of criminal trespass can also be supported by evidence that the defendant was “reckless as to whether his presence will cause fear for the safety of another.”
Consequences of a Criminal Trespass Conviction
Many criminal trespass charges in Utah are filed at the class B misdemeanor level. But if the trespass occurs in a “dwelling,” it becomes a class A misdemeanor punishable by up to a year in jail and nearly $5,000 in fines and surcharges.
Many people convicted of trespass are placed on probation without serving substantial jail time. But the sentence imposed in any given case will depend on the circumstances of the offense, the history of the person charged, and other relevant factors.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
Finding a Utah Criminal Defense Lawyer
Under Utah law, a conviction for criminal trespass can result in up to a year in jail and thousands of dollars in fines. These maximum penalties are not always imposed, but a conviction can still carry serious consequences.
Contact us now to schedule an initial consultation and learn how we can help you.
