76-6-107.5. Defacing by graffiti, damage, or destruction on public lands.

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

Effective 5/6/2026

(a)As used in this section:

(A)"Archaeological feature" means a non-portable element created or used by humans that provides insights into past human activities or organization at a site.

(B)"Archaeological feature" includes a petroglyph, a pictograph, a habitation cave or rock shelter, and other marks or carvings on rock or elsewhere that are of archaeological interest.

(ii)"Natural feature" means a unique rock formation or feature, geological formation or feature, or another naturally occurring formation or feature, such as a hoodoo, cave, stalactite, or stalagmite.

(iii)"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, damage, or destruction on public lands if the actor:

(a)creates, or assists in creating, graffiti on any public lands or state-owned object permanently located on public lands; or

(b)damages or destroys:

(i)a natural feature on public lands;

(ii)an archaeological feature on public lands; or

(iii)a 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 a violation of this section, in addition to any other sentence imposed by the court, 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 Subsection

(4)shall, to the greatest extent possible, be for the benefit of public lands.

(a)If an actor is convicted of a violation of this section, the court may:

(i)impose a fine up to the full amount of the estimated cost to restore the damage caused by the actor's violation of this section; or

(ii)order the actor to pay restitution for the damage caused by the actor's violation of this section.

(b)The court may order that restitution under Subsection (7)(a) be deposited into the Public Lands Restoration and Protection Fund created in Section 9-8a-207 .

(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 the fees or restitution ordered by the court under Subsection

(7).

Amended by Chapter 376 , 2026 General Session