What Is Criminal Trespass in Utah?

Criminal trespass in Utah occurs when an individual unlawfully enters or remains on another person's private property without authorization. An entry is deemed unlawful if an intruder had express or implied notice that would prohibit entry. This includes personal communication from the property owner or their agent, fencing intended to exclude intruders, warning posts indicating restricted area, revocation of license after entry, and signs of sex designated changing rooms.

Furthermore, flying unmanned drones over private property without lawful permission also qualifies as trespass under Utah law (under Utah code §76-6-206).

How to Look Up Public Criminal Trespass Records in Utah

Though public, the trespass record lookup in Utah is not free. To obtain records, researchers are typically required to sign up for the Utah State Courts’ Xchange website, which costs a one-time fee of $10 for initial account opening and $0.35 per search. Instead of paying per search, researchers may opt for a monthly subscription of $40, which allows up to 500 searches. Additionally, downloading documents pertaining to case records attracts extra charges.

Criminal trespass records in Utah may be accessed through the following steps:

1. Visit Utah State Courts’ Xchange website
2. Create an account to use the website, or log in as a guest.
3. Locate the search tool and search for cases by name, case number, or court location.
4. Search results show the status of the case (e.g, pending, convicted, or dismissed)

Individuals may need to note that while access to personal criminal records from the Utah Department of Public Safety’s Bureau of Criminal Identification (BCI) may cost only the fee, access to third-party records may require the party's consent in addition to fees.

Types of Criminal Trespass Offenses

Trespass charges may vary greatly depending on the circumstances surrounding their commission. Hence, it is essential to be familiar with the different types of crimes relating to trespass.

Although criminal trespass charges are generally regarded as class B misdemeanors in Utah, trespassing on a home or lodging elevates the charge to a Class A misdemeanor. Moreover, the intent of trespass, location, and presence or absence of a notice create several variations of criminal trespass.

Common trespass variations include: general criminal trespass, criminal trespass in a dwelling, trespass with notice, trespass with long-term stay, and after consent has been revoked - all of which are class B misdemeanours.

Trespass charges in Utah are generally considered either class A or class B misdemeanours. On rare occasions, they may also be classified as civil infractions. Civil infraction charges are applied if it can be proven that the offender did not know they were trespassing on restricted property, or if the offense occurred for recreational purposes.

It is important to note that civil infraction charges are primarily applied to first-time offenders.

Criminal trespass charges are not considered felonies unless combined with the intent to commit a more serious crime, such as burglary.

Penalties for Criminal Trespass in Utah

In Utah, trespasses are usually regarded as misdemeanours. They are only considered felonies if the trespass includes the intention of committing additional crimes like theft, vandalism, or similar offenses. The trespass location and intent also heavily affect the penalties.

Factors that aggravate criminal trespass charges include:

• Returning to a property despite previous warnings
• Trespassing in a residential home or dwelling
• Having prior trespass convictions
• Armed trespassing

Can You Be Arrested for Criminal Trespass in Utah?

Given that trespassing qualifies as a criminal charge, officers may make arrests based on witness statements or if the trespassing occurred under their direct observation. Arrests often occur when offenders ignore direct warnings, cause some damage on the property, refuse to provide identification when confronted, or if officers themselves witness them on the trespass spot.

In instances when trespass occurs in a parking lot or field, trespassers may be given a citation as opposed to being arrested. Trespassing on dwellings is more likely to lead to an arrest than trespassing on open land.

Aggravating circumstances, such as posing a threat to life and property, or being in possession of arms, could also increase the likelihood of an arrest.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Utah

Trespass is often confused with burglary or unlawful entry. Although these crimes all involve being in a place or property unlawfully, the intent behind each crime sets them apart.

While burglary refers to remaining in a property through unlawful means with the intent to commit other crimes like theft or vandalism, trespass refers to entering or remaining on a property unlawfully. Perhaps the most notable difference is that criminal trespass does not include an intent to commit another crime.

Utah State does not recognize breaking and entering as a separate charge. Instead, it is considered a part of burglary if the break-in involved the motive to commit a crime, and a trespass if there was no ulterior motive to commit further crimes.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Utah?

Criminal trespass charges are often reduced or dismissed for first-time offenders. Trespassers are charged as class B misdemeanors or lesser infractions depending on the circumstances of their offense and the offender’s history. Lesser charges may also be applied if there was no threat to life or property, and if the offender cooperates with law enforcement officials.

First-time offenders are usually more eligible for diversion programs and plea bargains involving lesser sentences. If charges are dismissed, arrest and case records may be expunged immediately without the need for a waiting period.

For those convicted, the waiting period is 5-6 years after the completion of your sentence. After serving the mandated sentences, offenders may apply for the expungement or deletion of their records from public view.

For first-time offenders, completing diversion programs or court-ordered programs often results in a dismissal of charges, thereby preventing a criminal conviction from appearing on their record.

Will a Utah Criminal Trespass Charge Stay on Your Record?

Depending on the outcome of the case, criminal trespass records may be removed from an individual's criminal history record. Dismissed or diverted charges may still show up during background searches unless expunged. For cases with dismissed charges, the record may be expunged without having to wait. However, arrest records may still show up if an arrest was made at the trespass site.

If the charge is resolved through diversion programs or a deferred adjudication, background checks would usually come back clean and free from permanent conviction records.

If an individual was convicted, it most likely means they have a record. Expunging these records implies that the trespass charge no longer appears on background checks, and they may claim to have never been arrested or possess a criminal record.

Eligibility criteria for expungement in Utah:

Based on the misdemeanor class, the eligibility criteria and waiting period for expungement vary slightly.

Trespassers charged with Class A misdemeanours must observe a five-year waiting period after completing their sentence before they may apply for expungement. Meanwhile, Class B misdemeanors and infractions have waiting periods of four and three years, respectively.

For non-convictions, you may be eligible for expungement if:

• Prosecution never filed charges.
• You were acquitted or dismissed with prejudice.
• If charges were dismissed without prejudice, you may apply for expungement of your records 180 days after the dismissal.

Expungement or Record Sealing Options in Utah

Utah allows for criminal records to be sealed and/or expunged. Sealing a criminal record means that the public cannot view it, but the record is still stored in databases and is accessible to police enforcement, some government organizations, and employers in sensitive positions. It also restricts access to the record for the majority of employers and the general public.

On the other hand, expungement eliminates the offense from the person's criminal history as if it never happened by deleting or destroying the record so that it is no longer accessible in the majority of background checks or public databases.

Regardless of a case dismissal or conviction, Utah state has general criteria that must be met before expungement may be approved. These are:

• A certificate of eligibility must be obtained. This certificate is issued by Utah’s BCI after a thorough review of your entire criminal history
• The waiting period must be completed.
• There must be no new arrests, charges, or convictions during the waiting period.
• All fines must have been paid in full.