Dain Smoland, Attorney at Law PLLC
Criminal Defense in Utah
Dain Smoland, Attorney at Law PLLC
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TRESPASSING CRIMES

Trespassing Charges

There are two common ways to commit trespassing in Utah.

  1. Entering or remaining on property with the wrong state of mind.  (The wrong state of mind could mean either that you  intend to cause annoyance or commit a crime, or that you were “reckless” as to whether or not you caused fear.)
  2. Entering or remaining on property when you know you the owner doesn’t want you there (Either because you were told to leave, or because you had to cross a fence or a “no-trespassing” sign).

Possible Defenses to Trespassing Charges

Because this offense essentially requires the prosecution to prove a bad “state of mind,” proving that you were “innocently” on someone else’s property should be a good defense. For instance, if you’re hiking through the woods and you unwittingly walk through someone’s private property, you are probably not guilty of criminal trespassing.

Under the Utah Trespassing statute, it is also a defense to criminal trespassing if:

  1. the property was open to the public when the actor entered or remained; and
  2. the actor’s conduct did not substantially interfere with the owner’s use of the property.

So, apparently, even if the owner tells you to leave or you are on his property planning to steal his doorknobs, you are not criminally trespassing if that property is open to the public and you’re not causing trouble. The problem is with how a court defines “substantial interference.”  Some courts might well decide that “looking like a bum” is enough substantial interference.

Because some of these possible defenses involve complicated legal principles, having a good trespassing attorney help you out is probably a good idea.  Contact me for a free consultation about your case.

About My Firm

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Marijuana Crimes

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Recognition for Dain Smoland's NORML Membership

Some Posts from My Blog

  • Utah Legislature Temporarily Suspends Expungement Filing Fees!
  • Parolees Become Eligible for 402 Reductions in Utah
  • Utah’s “Clean Slate” Law, and Automatic Expungements
  • Utah Legalizes Medical Marijuana! Kinda! Sort Of!
  • Utah Eases Expungement Eligibility, Especially for Prior Drug Convictions!

Courts Where I Take Cases

I am licensed to practice criminal law anywhere in Utah, but my office is in Salt Lake City so I focus my defense practice on Salt Lake County and the surrounding counties: Weber, Davis, Utah, Summit, Wasatch, Tooele.

That includes any of the state, city, or federal courts located in Salt Lake City, West Jordan, South Jordan, West Valley, Heber, Park City, Provo, Ogden, Farmington, Bountiful, Holladay, Cottonwood Heights, Murray, Millcreek, South Salt Lake, Grantsville, Tooele, Orem, American Fork, Sandy, Draper, Centerville, Layton, Kaysville, and anywhere else within an hour's drive of Salt Lake. I'll also go down to Carbon County (Price and Helper), because I like that drive!

For locations in Utah outside that area, just contact me and we'll talk about it.

Categories of my blog posts

  • 402 Reductions
  • Constitutional Law
    • Fifth Amendment
    • Search and Seizure
  • Drug Laws
    • Marijuana Laws
  • Expungement Law
  • Interesting Legal News
  • Theft Laws
    • Shoplifting
  • Traffic Laws
    • Driver's License Laws
    • DUI Laws
  • Uncategorized

© 2023 Dain Smoland, Attorney at Law PLLC, a Salt Lake City Criminal Defense Attorney