Greg Smith and Associates, Criminal Defense Attorneys

Salt Lake City (Murray)
Free 15 Min. Consultation  :  Nights & Weekends  :  Easy Payments

801-651-1512  -  24/7

Free 15 Min. Consultation 24/7

801-651-1512

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Office Location

Salt Lake City Office
111 E. 5600 S. #105
Murray, UT 84107

Telephone: 801-651-1512
Fax: 801-255-2134
Salt Lake City Law Office Map



Hunting and Criminal Trespass


One of the more common, and avoidable, criminal charges that a Utah hunter can face is that of criminal trespass for entering onto or hunting on another person’s private property. Generally, hunting is allowed on private land in Utah unless the land is properly posted. The posting tells hunters that no trespassing or hunting is permitted or that hunting is allowed only with permission from the owner or person in charge.

Try to find a back entry onto a posted property, or extend your activities beyond what has been agreed upon with the property owner, and you could find yourself charged under two Utah state statutes.

Under both of these statutes, it is a crime to enter a property without permission and a crime to refuse to leave a property when asked. If you are charged you can face criminal as well as civil penalties, including fines and orders for restitution in payment for actual damages and, in some cases, punitive damages.

Utah Wildlife Code 23-20-14. While hunting, fishing or engaging in wildlife-related activities on land posted as private, a person may not: a) enter onto the privately owned land of a person or a company without permission of the owner or person in charge, b) refuse to leave when requested to do so, and c) obstruct the entrance or exit to private property. Permission means the hunter has obtained written permission from the owner or person in charge.

Don’t assume permission is limitless. It protects both the hunter and the property owner when written authorization includes the dates for which permission was granted and a description of the parts of the property you have permission to access.

Furthermore, if you are on private property, you have an obligation to exercise "care in the use of the land." In other words, you cannot deface or destroy things on the property or create hazardous conditions on the property (setting traps).

Utah Burglary and Criminal Trespass Code (Code Annotated section 76-6-206). A person is guilty of criminal trespass if he or she enters or remains on a property knowing that his or her presence is unlawful because notice has been given against entering by a) personal communication from the owner or someone in authority for the property, b) the presence of a fence or enclosure meant to exclude intruders, c) posting of signs that are likely to come to the attention of an intruder. Although this is only an infraction, it can result in significant fines and orders for restitution.

Utah’s Cooperative Wildlife Management Program

If the land you accessed was enrolled in the Utah Cooperative Wildlife Management Program, a degree of permission has been granted, but regulations still must be followed. Failure to comply with the regulations can result in criminal charges.

The hunter must hold a valid permit to hunt in this limited-entry hunt unit. If you enter onto a posted unit and don’t have a valid permit, you can be charged with both trespass and hunting without a proper permit. If you took an animal, you will also face a criminal charge for illegal taking and possession of wildlife (or multiple charges if you took more than one animal).

There are numerous ways to defend against a criminal trespass charge. A hunting violations defense attorney can review your defense options with you. If the property owner has been lax in posting or the property owner has known of past entrance onto the property, but has not taken action in the past, you may have a relatively strong defense.

Clients with disabilities or impairments

Access to our office is available to clients and their family members at all times. Special equipment and communication devices are available upon request for our clients with visual, hearing, speech and physical impairment. In addition, arrangements can be made for verbal or sign language interpreters if needed to communicate between our attorneys and the client and family. Please notify our law office if any additional accommodations related to your disability or impairment are necessary to make your consultation more comfortable.

I understand that I am contacting a corporation, not an individual, and that if I do business with the law firm, it will be with that corporation, not any individual(s). I understand that Greg Smith and Associates is not the legal name of the law firm, rather, it is "Affordable Legal Advocates, PC." I also understand that whatever may relate to, or arise out of, any communication with the law firm, which results in any type of legal action, such must be brought in the Third District Court of Utah, West Jordan Department, and that this is mandatory not permissive.

We Can Help You Now

Call 801-651-1512   Call Now 24/7 Free Consultation: 24/7, nights & weekends
Typically No Retainer - Easy Payments!*

Use our secure private form

I have read the disclaimer.

Feedback From Satisfied Clients

"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

More Testimonials >

Avvo Clients' Choice Award. 5 Stars
5 Star Rating


   Review Us On Google

Office Location

Salt Lake City Office
111 E. 5600 S. #105
Murray, UT 84107

Telephone: 801-651-1512
Fax: 801-255-2134
Salt Lake City Law Office Map




Greg Smith and Associates, Criminal Law Attorneys, located in Salt Lake City (SLC), also represents clients from communities such as Provo, Orem, Payson, Ogden, Park City, Sandy, Draper, West Valley City, Bountiful, Murray, West Jordan, Taylorsville, Farmington, Alta, Bluffdale, Cottonwood Heights, Draper, Herriman, Holladay, Midvale, Murray, Riverton, Sandy, South Jordan, South Salt Lake, Taylorsville, West Jordan, West Valley City and Richfield; and counties including Salt Lake County, Summit County, Tooele County, Sevier County and Davis County, Utah.

Typically No Retainer - Easy Payments. *Call for details.


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Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

The user and reader of this information should beware because although we strive to keep the information timely and accurate, there will often be a delay between official publication of the materials and their appearance in or modification of this system, and every case must be looked at individually. Thus, we make no express or implied guarantees that the information on this site is correct, and it should not be relied upon. The Federal Register and the Code of Federal Regulations remain the official sources for regulatory information published by the Department of Labor, and before you do anything, you should consult an attorney, who can review the specifics of your matter. We will make every effort to correct errors brought to our attention, but laws and regulations are constantly changing, and we may at times even misinterpret them.

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