76-6-201. Definitions.

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

Effective 5/7/2025

As used in this part:

(a)"Building," in addition to its ordinary meaning, means any watercraft, aircraft, trailer, or other structure or vehicle adapted for overnight accommodation of persons or for carrying on business and includes:

(i)each separately secured or occupied portion of the structure or vehicle; and

(ii)each structure appurtenant to or connected with the structure or vehicle.

(b)"Building" does not include a railroad car.

(2)"Dwelling" means a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present.

(3)"Enter or remain unlawfully" means a person enters or remains in or on any premises when:

(a)at the time of the entry or remaining, the premises or any portion of the premises are not open to the public; and

(b)the actor is not otherwise licensed or privileged to enter or remain on the premises or any portion of the premises.

(4)"Enter" means:

(a)intrusion of any part of the body; or

(b)intrusion of any physical object under control of the actor.

(5)"Railroad car":

(a)in addition to its ordinary meaning, includes a sleeping car or any container or trailer that is on a railroad car; and

(b)includes only a railroad car that is operable and part of an ongoing railroad operation.

(a)"State property" means real property owned by or leased to the state.

(b)"State property" includes real property owned by, leased to, or managed by the School and Institutional Trust Lands Administration created in Section 53C-1-201 .

(c)"State property" does not include property owned by or leased to a political subdivision of the state.

Amended by Chapter 504 , 2025 General Session