Section 76-6-206.6 - Criminal trespass on private property for recreational purposes related to use of public waters(1)(a) As used in this section: (i) "Bank" means the land within three feet of a public water.(ii) "Private property" means the bed or bank of a non-navigable freshwater stream or river that flows through privately owned land and is privately owned.(iii) "Private property to which access is restricted" means the same as that term is defined in Section 73-29-102.(iv) "Recreational purpose" includes one or more of the following: (J) engaging in water sports;(L) viewing or enjoying historical, archaeological, scenic, or scientific sites.(b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.(2) An actor is guilty of criminal trespass if for recreational purposes, under circumstances not amounting to a greater offense, and without authorization or a right under state law: (a) the actor touches or remains unlawfully on private property to which access is restricted in violation of Section 73-29-201 and: (i) intends to cause annoyance or injury to a person or damage to property;(ii) intends to commit a crime, other than theft or a felony; or(iii) is reckless as to whether the actor's presence will cause fear for the safety of another; or(b) knowing the actor's touching or presence is unlawful, the actor touches or remains on private property to which notice against entering is given by: (i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;(ii) fencing or other enclosure obviously designed to exclude intruders; or(iii) posting of signs reasonably likely to come to the attention of intruders.(3) A violation of Subsection (2) is a class B misdemeanor.(4) It is a defense to prosecution under this section that:(a)(i) the private property was at the time open to the public; and(ii) the actor complied with all lawful conditions imposed on access to or remaining on the private property;(b) the actor acted in compliance with an express easement; or(c) the actor touched the private property as allowed by Section 73-29-202.(5) In addition to an order for restitution under Section 77-38b-205, an actor who violates Subsection (2) is also liable for:(a) statutory damages in the amount of the greater of: (i) three times the value of damages resulting from the violation of Subsection (2); or(b) reasonable attorney fees not to exceed $250; and(6) Civil damages under Subsection (5) may be collected in a separate action by the private property owner or the owner's assignee.Added by Chapter 474, 2023 General Session ,§ 1, eff. 5/3/2023, technically renumbered to avoid duplication.