53C-2-301. Illegal activities on trust lands -- Penalties.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2025

(1)A person is liable for the civil damages prescribed in Subsection

(2)and is guilty of a criminal offense specified in Subsection

(4)if the person intentionally, knowingly, or recklessly, and without written authorization from the director:

(a)uses, commits waste, dumps refuse on, or occupies trust land;

(b)interferes with the activities of an employee or agent of the administration on trust lands; or

(c)interferes with activities of a lessee or other person that have been authorized by the administration, whether or not the trust land has been withdrawn from occupancy or use pursuant to Subsection 53C-2-105(1)(b) .

(2)A person who commits an act described in Subsection

(1)is liable for damages in the amount of whichever of the following is greatest:

(a)three times the value at the point of sale of the mineral or other resource removed, destroyed, or extracted;

(b)three times the amount of damage committed;

(c)three times the cost to cure the damage;

(d)three times the value of any losses suffered as a result of interference with authorized activities; or

(e)three times the consideration which would have been charged by the director for use of the land during the period of trespass.

(3)In addition to the damages described in Subsection

(2), a person found guilty of a criminal act under Subsection

(1)is subject to the penalties provided in Title 76, Chapter 3, Punishments , as specified in Subsection

(4).

(4)A violation of this section is a:

(a)second degree felony if the actor's conduct causes property injury or damage, or pecuniary loss equal to or in excess of $5,000 in value;

(b)third degree felony if the actor's conduct causes property injury or damage, or pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;

(c)class A misdemeanor if the actor's conduct causes property injury or damage, or pecuniary loss equal to or in excess of $500 but is less than $1,500 in value;

(d)class B misdemeanor if the actor's conduct causes property injury or damage, or pecuniary loss less than $500 in value; and

(e)an infraction if the actor's conduct causes no property injury, damage, or pecuniary loss.

(5)The director shall deposit money collected under this section in the fund in which like revenues from that land would be deposited.

(6)The director may award a portion of any of the damages collected under this section in excess of actual damages to the general fund of the county in which the trespass occurred as a reward for county assistance in the apprehension and prosecution of the trespassing party.

Amended by Chapter 496 , 2025 General Session