Section 76-6-107.5 - Defacing by graffiti on public lands(1)(a) As used in this section, "public lands" means state or federally owned property that is held substantially in the property's natural state, including canyons, parks owned or managed by the state, national parks, land managed by the Bureau of Land Management, and other lands owned or maintained by a government entity for outdoor recreational use.(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.(2) An actor commits defacing by graffiti on public lands if the actor creates, or assists in creating, graffiti on any public lands or state-owned object permanently located on public lands.(3) A violation of Subsection (2) is;(a) a class B misdemeanor; or(b) if the individual was previously convicted of violating this section, a class A misdemeanor.(4) If an actor is convicted of defacing by graffiti on public lands, the court shall sentence the actor to a term of community service as follows: (a) for a first conviction, the court shall sentence the actor to 100 hours of community service, to be completed within 90 days after the day on which the court issues the order;(b) for a second conviction, the court shall sentence the actor to 200 hours of community service, to be completed within 180 days after the day on which the court issues the order; or(c) for a third or subsequent conviction, the court shall sentence the actor to 300 hours of community service, to be completed within 270 days after the day on which the court issues the order.(5) If an actor is enrolled in school or maintains full or part-time employment, the ordered community service may not be scheduled at a time the actor is scheduled to be in school or performing the individual's employment duties.(6) A sentence of community service described in Subjection (4) shall, to the greatest extent possible, be for the benefit of public lands.(7) If an actor is convicted of defacing by graffiti on public lands, the court may impose a fine up to the full amount of the estimated cost to restore the damaged land, caused by the actor, to the land's original state.(8) An actor who voluntarily, at the actor's own expense, and with the consent of the property owner, removes graffiti for which the actor is responsible shall be credited for costs ordered by the court under Subsection (7).Amended by Chapter 111, 2023 General Session ,§ 32, eff. 5/3/2023.Amended by Chapter 411, 2023 General Session ,§ 1, eff. 5/3/2023.Added by Chapter 292, 2019 General Session ,§ 2, eff. 5/14/2019.