Criminal Law
· Updated

Utah Burglary and Criminal Trespass Charges: What the Statutes Say and How the Degrees Work

General information, not legal advice. Read the full disclaimer.

Short answer: Under Utah Code § 76-6-202, a person commits burglary by entering or remaining unlawfully in a building or any portion of a building with the intent to commit a felony, theft, an assault on any person, or one of several listed sexual or voyeurism offenses. Burglary is a third degree felony, and a second degree felony if committed in a dwelling. Burglary is a separate offense from the crime the person intended to commit. Criminal trespass (§ 76-6-206) covers entering or remaining unlawfully on property in circumstances not amounting to burglary — for example, with intent to cause annoyance, injury or damage, to commit a non-theft non-felony crime, or knowing the entry is unlawful after notice by personal communication, fencing or signs. It's generally a class B misdemeanor, and a class A misdemeanor if committed in a dwelling.

Who this guide is for

Utahns charged with burglary or trespass — including after a dispute with a landlord, a neighbor, a former partner or a business — and people who want to understand the difference.

Burglary (§ 76-6-202)

Elements: (1) entering or remaining unlawfully (2) in a building or part of a building (3) with intent to commit one of the listed crimes: a felony, theft, an assault on any person, or specified lewdness, sexual battery, voyeurism or related offenses.

  • Third degree felony by default (fine up to $5,000 as maximum).
  • Second degree felony if in a dwelling (fine up to $10,000).
  • Separate offense: the burglary can be charged on top of the offense inside (theft, assault).

The intent is the key issue: a prosecutor must show that the person had the intent to commit the crime when entering or remaining, not that they simply were somewhere they shouldn't have been.

Criminal trespass (§ 76-6-206)

Under circumstances not amounting to burglary, a person commits criminal trespass if they enter or remain unlawfully on property and:

  • intend to cause annoyance or injury to a person or damage to property, including by graffiti;
  • intend to commit any crime other than theft or a felony;
  • are reckless as to whether their presence will cause fear for the safety of another; or
  • know their entry or presence is unlawful and the property has notice against entering: personal communication by the owner or someone with apparent authority, a fence or enclosure obviously designed to exclude intruders, or signs reasonably likely to come to the attention of intruders.

The statute also covers drones remaining unlawfully over property, entering a condo unit in violation of § 57-8-7(8), and entering a sex-designated changing room in violation of § 63G-31-302(3).

  • Class B misdemeanor by default (up to six months and $1,000).
  • Class A misdemeanor if committed in a dwelling (up to 364 days and $2,500 as maximums, under the general misdemeanor limits).

Related situations

Defenses and issues (for your lawyer)

  • Lawful presence — you had permission, a lease, a key or a reasonable belief you did.
  • No intent to commit a crime at entry.
  • Not a "building" or "dwelling" under the statutory definitions.
  • Notice problems — no sufficient notice against entering.
  • Identification — whether you were the person on camera or at the scene.
  • Voluntariness and statements. See Understanding Miranda Rights.

What happens next

See What Happens After an Arrest in Utah, Utah Arraignment and Utah Bail and Pretrial Release. Felony charges involve a preliminary hearing: Utah Preliminary Hearings. For local courts: Utah County Criminal Cases and Juab County Criminal Cases.

Frequently asked questions

Is burglary the same as trespassing?

No. Burglary requires entering or remaining unlawfully in a building with intent to commit a listed crime; criminal trespass applies when conduct doesn't amount to burglary.

Is burglary always a felony?

Yes under § 76-6-202: third degree, or second degree if committed in a dwelling.

Do I have to steal something to be charged with burglary?

No; intent to commit theft, a felony or an assault when entering or remaining can be enough.

Is trespass a crime if there's no sign?

It can be, for example with other intent or after personal notice or a fence designed to exclude intruders.