76-6-206. Criminal trespass.
(1) As used in this section: "Enter" means intrusion of the entire body or the entire unmanned aircraft. "Graffiti" means the same as that term is defined in Section. 76-6-101 "Remain unlawfully," as that term relates to an unmanned aircraft, means remaining on or over private property when: the private property or any portion of the private property is not open to the public; and the person operating the unmanned aircraft is not otherwise authorized to fly the unmanned aircraft over the private property or any portion of the private property. Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201
(2) An actor commits criminal trespass if, under circumstances not amounting to burglary as defined in Section,, or, a violation of Section, or a violation of Sectionregarding commercial obstruction or Sectionregarding aggravated commercial obstruction: 76-6-202 76-6-203 76-6-204 76-6-106.2 76-9-113 76-9-114 the actor enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property 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 the actor's or unmanned aircraft's presence will cause fear for the safety of another; knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by: personal communication to the actor 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; the actor enters a condominium unit in violation of Section; or 57-8-7(8) the actor enters a sex-designated changing room in violation of Subsection. 63G-31-302(3)
(3) Except as provided in Subsection, a violation of Subsection,, oris a class B misdemeanor. (3)(b) (2)(a) (b) (d) The following is a class A misdemeanor: if a violation of Subsectionoris committed in a dwelling; (2)(a) (b) if a violation of Subsectionis committed while also committing the offense of: (2)(d) lewdness under Section; 76-5-419 lewdness involving a child under Section; 76-5-420 voyeurism under Section; 76-12-306 recorded or photographed voyeurism under Section; 76-12-307 distribution of images obtained through voyeurism under Section; or 76-12-308 loitering in a privacy space under Section; or 76-12-309 if a violation of Subsectionis committed in a sex-designated privacy space, as defined in Section, that is not designated for individuals of the actor's sex. (2)(d) 76-12-309 A violation of Subsectionis an infraction. (2)(c)
(4) It is a defense to prosecution under this section that: the property was at the time open to the public; and the defendant complied with all lawful conditions imposed on access to or remaining on the property.
(5) In addition to an order for restitution under Section, an actor who commits a violation of Subsectionmay also be liable for: 77-38b-205 (2) statutory damages in the amount of three times the value of damages resulting from the violation of Subsectionor $500, whichever is greater; and (2) reasonable attorney fees not to exceed $250, and court costs.
(6) Civil damages under Subsectionmay be collected in a separate action by the property owner or the owner's assignee. (5)