Degree

Depending on the facts, criminal trespass can be charged as a class A misdemeanor, class B misdemeanor or an infraction.

Elements

A defendant is guilty of a class A misdemeanor criminal trespass when under circumstances not amounting to the offense of burglary or commercial obstruction, the defendant enters or remains unlawfully in a dwelling and:

• intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti;
• intends to commit any crime, other than theft or a felony;
• or is reckless as to whether his presence will cause fear for the safety of another.

A defendant is guilty of a class A misdemeanor criminal trespass when they know their entry or presence is unlawful, the person enters or remains in a dwelling as to which notice against entering was given by:

• personal communication to the defendant by the owner or someone with apparent authority to act for the owner;
• fencing or other enclosure obviously designed to exclude intruders;
• or posting of signs reasonably likely to come to the attention of intruders.

A defendant is guilty of a class B misdemeanor criminal trespass when under circumstances not amounting to the offense of burglary or commercial obstruction, the defendant enters or remains unlawfully on property and:

• intends to cause annoyance or injury to any person or damage t any property, including the use of graffiti;
• intends to commit any crime, other than theft or a felony;
• or is reckless as to whether his presence will cause fear for the safety of another.

A defendant is guilty of a class B misdemeanor criminal trespass when they know their entry or presence is unlawful, the person enters or remains on property as to which notice against entering was given by:

• personal communication to the defendant by the owner or someone with apparent authority to act for the owner;
• fencing or other enclosure obviously designed to exclude intruders;
• or posting of signs reasonably likely to come to the attention of intruders.

A defendant is guilty of an infraction criminal trespass when they enter a condominium unit in violation of Utah Code Ann. §57-8-(7)

Fine

Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)
Infraction: A fine not to exceed $750, plus a 35% surcharge.
(Utah Code Ann. §76-3-301(1)(e), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))
Infraction: No jail.
(Utah Code Ann. §76-3-205)

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor criminal trespass must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))