Property ownership and your rights on your own property are a hugely important aspect of your day-to-day life. Everyone wants to feel safe in his or her own home. That is why there are many laws that allow citizens to possess property and use it on his or her own terms. One of the things that causes property owners the most worry is the reality of trespassing.
Laws do prohibit trespassing, more specifically, “Criminal Trespass.” Unfortunately, it is a common property crime. There are two elements that constitute criminal trespass in Utah. First, the offender must enter or remain unlawfully on property, and second, the offender must have one of the following three characteristics: he must intend to cause annoyance or injury to a person or damage to property; he must intend to commit a crime other than a theft or felony; or he must be reckless as to whether his presence will cause fear for the safety of another. Another criteria which creates Criminal Trespass is if a person, aware of unlawful entry or presence, is on property where notice was given against entering or being present. The notice can be given by personal communication, fencing or enclosure, or signs.
Criminal Trespass convictions are generally class A or class B misdemeanors, or infractions, but they can still come with jail time. If you have been convicted for Criminal Trespass, contact a Provo lawyer today. The attorneys at Howard Lewis & Petersen are available for a free consultation.Posted June 24th, 2016