(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates, or requires, a different meaning.
ENTER. Intrusion of the entire body.
(B) Criminal trespass. A person is guilty of criminal trespass if, under circumstances not amounting to burglary, as defined in §§ 76-6-202, 76-6-203, or 76-6-204 of the State Criminal Code:
(1) He or she enters, or remains, unlawfully on property, and:
(a) Intends to cause annoyance or injury to any person, or damage to any property, including the use of graffiti, as defined in UCA § 76-6-107, as amended;
(b) Intends to commit any crime other than a theft or a felony; or
(c) Is reckless as to whether his or her presence will cause fear for the safety of another.
(2) Knowing his or her entry or presence is unlawful, he or she enters, or remains, on property as to which notice against entering is given by:
(a) Personal communication to the actor by the owner, or someone with apparent authority to act for the owner;
(b) Fencing or other enclosure obviously designed to exclude intruders; and/or
(c) Posting of signs reasonably likely to come to the attention of intruders.
(C) Defense. It is a defense to prosecution under this section that the:
(1) 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.
(Prior Code, § 6.02.060) (Ord. 3-93-B, passed 6-16-1993) Penalty, see § 131.99