76-6-206.5. Cutting, destroying, or rendering ineffective fencing of agricultural or range land.
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Effective 5/3/2023
76-6-206.5. Cutting, destroying, or rendering ineffective fencing of agricultural or range land.
(1)Terms defined in Sections 76-1-101.5 , 76-6-201 , and 76-6-206.3 apply to this section.
(2)An actor commits cutting, destroying, or rendering ineffective the fencing of agricultural or range land if the person willfully cuts, destroys, or renders ineffective any fencing or other form of enclosure a reasonable person would recognize as intended to exclude intruders.
(3)A violation of Subsection
(2)is a class B misdemeanor.
(4)In addition to an order for restitution under Section 77-38b-205 , an actor who commits a violation of Subsection
(2)may also be liable for:
(a)statutory damages in the amount of $500;
(b)reasonable attorney fees not to exceed $250; and
(c)court costs.
(5)Civil damages under Subsection
(4)may be collected in a separate action by the owner of the agricultural or range land or the owner's assignee.
Enacted by Chapter 111 , 2023 General Session