Understanding Utah Residential Trespassing Laws: A Comprehensive Guide

Introduction to Utah Trespassing Laws

When we talk about trespassing in the Utah, we are referring to a criminal act that involves entering or remaining on someone else’s property or land without their permission. In Utah, as in many states, trespassing is divided into different categories, which are distinguished primarily by the level of intrusion and the potential level of harm that the intrusion may cause.
For the purposes of this blog post, we’ll be looking specifically at residential trespassing laws in Utah and how they differ from the standard definition of trespassing.
Residential trespassing laws are addressed in Chapter 7 of Utah’s criminal code. Prior to 2018, residential trespass was defined as entering or remaining on any residential land or structure after being asked to leave by law enforcement or the owner, or where a sign indicating "No Trespassing" was displayed and "the presence of the potential trespasser is not social in nature." A person could be charged with residential trespassing even if they were invited to the property by another resident after being ordered off the land by the landowner. This created a situation where a person could be charged with residential trespassing for doing something social—like visiting a friend—yet still be breaking the law if another resident ordered them off the property . These charges became very common in cases where domestic violence issues were present, and the laws had the potential to classify the victim as a criminal for trying to walk away from a volatile situation.
Realizing the injustice of these previous laws, the Utah legislature passed changes to Utah Code this year that went into effect on May 8, 2018, which lowered the penalty for misdemeanor residential trespassing and more clearly defined the circumstances under which an individual may be charged. Under the new laws, the charge for a first offense of residential trespassing is a Class C misdemeanor, and repeat offenses can lead to Class B misdemeanors. The existence of a sign indicating "No Trespassing" is no longer in itself sufficient to lead to this charge.
As a result of the revised residential trespass laws, it is now illegal to enter a residential area or structure without the permission of the resident. However, individuals can go back to the property after leaving voluntarily or having been ordered to leave by law enforcement or a landowner. A second offense comes only if an individual is asked to leave a property and refuses or returns without permission.
Although residential trespassing is a minor offense, it can still lead to serious legal consequences, so residents and property owners should be sure they understand the law and follow proper legal procedures to avoid violating a person’s rights.

Definition of Residential Trespassing

Trespass under Utah law involves the following:

(1) An intent to interfere with any interest of the person in exclusive possession of the property;
(2) Entry upon the property;
(3) Lack of any legal right to be there; and
(4) The entry must result in harm or impairment.

Utah’s Criminal Trespass Statute, Utah Code 76-6-206, defines three different types of trespass:

(1) Trespass on private property, which requires a knowing and unwarranted entry onto private land and refusal to leave after being asked to do so. (Any significance or aggravation for criminal trespass on private property?).
(2) Trespassing on cultivated land, which is defined as unoccupied private land where "crops, fruits, vegetables, vineyard products, nursery products."
(3) Trespassing on posted land, meaning unoccupied land where the owner has warned you not to enter by putting up signs.

It is a class B misdemeanor for trespass on private land, or for entry without permission onto cultivated land, or onto posted land.
The crime of ‘aggravated criminal trespass’ is even more serious.
First degree aggravated criminal trespass means that a person enters property that is designated as "habitation" – a home, for example, in especially serious circumstances where greater harm could occur. This crime is a first degree felony, meaning rather severe penalties are possible.

Common Scenarios for Residential Trespassing

Trespassing may be either the physical act of entering or remaining on another’s property without consent, or a verbal or physical threat indicating intent to do so. It may also be the act of intentionally causing someone else to enter or remain on the property without permission.
For example, if a person wanders into your front yard and refuses to leave, they would be guilty of trespassing. Likewise, if they go to your front door and ring the bell, and you tell them to go away, but they keep ringing your doorbell and/or banging on your door, then they have committed the offense of trespassing. Finally, if you are giving a party and someone shows up that you do not want there, and you tell them to go away, and they don’t, then they have committed the offense of trespassing.
Some common examples of trespassing flat out violations in residential areas include:

Your neighbor comes into your yard and takes your dog.
You and a friend are about to enter your house when someone tries to push past you.
Someone cuts across your front lawn rather than using the sidewalk.
Your kids’ ball lands on the neighbor’s lawn, which is known to be posted against trespassing.
A neighbor throws their yard clippings over your fence without getting permission.

Both prosecution and conviction of trespassing require intent. It is a defense that you entered or remained on the property under a reasonable belief that you had the right to be there, that you were licensed or invited to enter or remain, or that you were otherwise privileged to do so.
The reasonableness of that belief is a question for the jury to decide based on the situation at hand, taking into consideration all of the relevant facts and circumstances, including the level of care that the defendant exercised.

Trespassing Penalties in Utah

Trespassing on private property without permission can lead to a variety of legal penalties that range from minimal to significant. Generally speaking, trespassers face civil consequences, such as being ordered to pay damages to the property owner to account for any losses or damages. However, if police become involved, a trespassing charge can lead to criminal consequences. Criminal trespass for behavioral trespassers is Class C misdemeanor in Utah. A class C misdemeanor means you are facing up to 90 days in jail and up to $750 in fines. A class B misdemeanor is often a more serious offense and means you will face up to 6 months in jail and up to $1000 in fines.
A class A misdemeanor is a more severe infraction that usually involves a more serious threat to human life or bodily integrity than class B misdemeanor. This is also the highest charge facing trespassers in Utah for trespassing on private property. If you make out to a Class A misdemeanor, you face up to 1 year in jail and up to $2000 in fines.
If you commit a non-violent offense, penalty enhancements are often eliminated. However, in non-violent offenses, police, judges, and prosecutors may push for convictions and penalties meant to scare the person into complying with future laws rather than to exact retribution. Therefore, rather than plea in abeyance or probation, you may receive significant charges and penalties meant to teach a lesson.
However, your specific charges often depend on whether violence was involved. If it was, you could be facing first-degree felony charges. First-degree felony charges carry highly significant penalties, including up to $10,000 in fines and up to life imprisonment in prison.

Trespassing Defenses in Utah

Even when an injury occurs on someone else’s property, the trespassing charge may still be a little far-fetched. After all, you probably did not know that you were intruding into private property. A property may have looked like it was abandoned or empty, an honest mistake. The following are some defenses that can be used against trespassing or criminal trespassing:
Lack of Intent
The Utah Code states that one of the four elements that has to be proven is intent. There are a couple of items that need to be proven in order to show intent:
Ask yourself this: Does the prosecution have proof that you were aware you were trespassing? Could they show proof that you knew you were trespassing but you still did it anyway? If the answer to these questions is "no," the prosecution may not meet this element .
Mistaken Entry
A trespass or a wrongful entry does not happen if you honestly mistake a private or an enclosed area for a public area. For example, if you wander onto a construction site simply because you thought it was public space, there’s no intent to satisfy.
Permission from Landowner
Even if you think the owner did not give you permission, if you actually had permission from the property owner, you are not trespassing. If you were initially given permission to enter a property, it is assumed that this permission followed you and remains in effect until someone tells you to leave.
If you were charged with trespassing in Utah, a Utah criminal defense attorney can help you examine whether any of your actions are considered a legal defense in the State of Utah.

How Property Owners Can Protect Themselves

You may also notify the police of a trespasser’s presence on your property, but a trespass conviction is not actually required for an individual to be arrested and/or prosecuted for criminal trespass in Utah. In fact, residents of Utah have the right to arrest trespassers on their property if the trespasser refuses to leave when asked to do so. Utah Code section 77-7-11 grants private citizens the authority to arrest individuals when any one of the following circumstances exists: In the context of trespass, individuals who enter private property without permission fall under Utah Code section 77-7-11(4)(a) – basically, if a "person enters or remains in premises after a request to leave by the owner or the owner’s agent." If the trespasser refuses to leave the property after being requested to do so by the property owner, the owner has the right to physically remove them. If they continue to resist removal, citizens have the right to arrest them. The level of force property owners are permitted to use to accomplish this is not well defined but may include whatever is reasonable and necessary under the particular facts and circumstances. Warning signs that prominently and clearly display messages like the following on or near property so as to support a request to leave: "private property/ no trespassing" "do not enter" "prohibited entry" "no soliciting" "trespassers will be prosecuted" may go far in gaining protection from illegal intrusions in Utah residences and upon private real property. The general theory behind warnings like these is that, where it is reasonable to do so under the circumstances, signs warning of trespassing prohibitions, may provide evidence to support a request that a person who enters your property without permission or your child or children leave, in the event of a legal dispute (as a preliminary matter), and/or support an assertion that you used reasonable force in attempting to make a trespasser leave. Whatever warning you choose to use, it is important to remember that it is not enough to just put up no trespassing signs – it is essential that the signs are visible and effectively communicate that your property is private and restricted. If a trespasser enters upon your land and is not physically or situationally obstructed by a fence of some kind, then you simply cannot uphold that a trespass had occurred, if you do not have some evidence that the trespasser was warned against entry in the first place. Legal defenses may be asserted to oppose a homeowner’s use of any defensive measure in connection with the eviction of a trespasser on private real property, especially where deadly force is used. It is particularly likely that such defenses would be raised where the trespasser is a child, family member or minor. The law in Utah is pretty clear that a parent or guardian is responsible for the unlawful or harmful actions of his or her minor child. However, in Utah, a "parent may not use deadly force against [his or her] minor child unless the minor’s conduct places or could place the [parent] or another in imminent danger of bodily injury or serious bodily injury." Utah Code section 76-5-103.5. Also, while a parent may not use physical force against a minor child that the parent "reasonably believes causes, or creates a substantial risk of causing, bodily injury to the minor," a parent may use reasonable non deadly physical force against a minor child: "To the extent the physical force is reasonably necessary to: "(a) protect a minor from the other parent’s use of unreasonable force; "(b) restrain or correct the minor’s conduct; or "(c) otherwise establish normal discipline." Utah Code section 76-2-401(2)(a)-(c) (emphasis added).

Resources and Advice

Navigating the complexities of a trespassing allegation can be daunting. Whether you are seeking clarity on your rights as a landowner or have found yourself facing trespassing charges, it’s crucial to get the right legal advice that pertains to your specific circumstances.
It may be tempting to comb through online articles, forum posts, and other sources, but these can often leave unanswered questions. Furthermore, you might come across advice that is applicable to your state but not yours. Your best bet to obtain accurate information regarding the law is to contact a local lawyer who specializes in property law. He or she will be able to answer your questions and provide assistance on a case-by-case basis. Consultations with attorneys are typically free or very low cost , so you have no reason not to ask them for guidance. The Utah State Legislature provides all current Utah laws on its website. Though the law is sometimes written in legalese (which is full of jargon), the basic framework is clearly laid out. For guidance on Utah trespassing laws, check out their chapter on Criminal Trespass on Agricultural Land.
Finally, if you prefer an offline resource, head down to the local law library. Their collection of legal texts and periodicals can be a trove of information for any questions you might have regarding trespassing laws in Utah. Alternatively, you can also visit the law library associated with your local courthouse.