Utah criminal charge
Criminal trespass of abandoned or inactive mines in Utah
Criminal trespass of abandoned or inactive mines is a criminal offense under Utah law, defined by Utah Code Ann. § 76-6-206.1. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-6-206.1.
What is the penalty for criminal trespass of abandoned or inactive mines in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Unlawful entry into abandoned or inactive mine — Applies when the actor intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine, under circumstances not amounting to burglary.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Unlawful entry into abandoned or inactive mine — Applies when the actor intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine, under circumstances not amounting to burglary.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Tampering with mine warning or protective devices — Applies when the actor intentionally and without authority removes, destroys, or tampers with a warning sign, covering, fencing, or other protective method placed on, around, or over a mine shaft, portal, or other abandoned or inactive mining excavation property.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Tampering with mine warning or protective devices — Applies when the actor intentionally and without authority removes, destroys, or tampers with a warning sign, covering, fencing, or other protective method placed on, around, or over a mine shaft, portal, or other abandoned or inactive mining excavation property.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is criminal trespass of abandoned or inactive mines classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful entry into abandoned or inactive mine | Class B Misdemeanor | Applies when the actor intentionally enters and remains unlawfully in the underground workings of an abandoned or inactive mine, under circumstances not amounting to burglary. | Utah Code Ann. § 76-6-206.1(3)(a) |
| Tampering with mine warning or protective devices | Class A Misdemeanor | Applies when the actor intentionally and without authority removes, destroys, or tampers with a warning sign, covering, fencing, or other protective method placed on, around, or over a mine shaft, portal, or other abandoned or inactive mining excavation property. | Utah Code Ann. § 76-6-206.1(3)(b) |
Common questions about criminal trespass of abandoned or inactive mines in Utah
Is criminal trespass of abandoned or inactive mines a felony or a misdemeanor in Utah?
It depends on the circumstances: criminal trespass of abandoned or inactive mines ranges from a Class B Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-6-206.1.
Unlawful entry into abandoned or inactive mine: Class B Misdemeanor (Utah Code Ann. § 76-6-206.1(3)(a)) · Tampering with mine warning or protective devices: Class A Misdemeanor (Utah Code Ann. § 76-6-206.1(3)(b))
What are the penalties for criminal trespass of abandoned or inactive mines in Utah?
Penalties for criminal trespass of abandoned or inactive mines in Utah depend on how it is classified — from a Class B Misdemeanor up to a Class A Misdemeanor — with the ranges set by Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers criminal trespass of abandoned or inactive mines?
Criminal trespass of abandoned or inactive mines is governed by Utah Code Ann. § 76-6-206.1 (Criminal trespass of abandoned or inactive mines).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.