Degree

Depending on the facts, criminal trespass (domestic violence) can be charged as a class A misdemeanor or class B misdemeanor.

Elements

A defendant commits a class A misdemeanor criminal trespass (domestic violence) when under circumstances not amounting to the offense of burglary or commercial obstruction:

• the defendant enters or remains unlawfully in a dwelling and:
• intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti;
• intends to commit any crime, other than theft or a felony;
• or is reckless as to whether his presence will cause fear for the safety of another.

A defendant is guilty of a class A misdemeanor criminal trespass (domestic violence) when they know their entry or presence is unlawful, the person enters or remains in a dwelling as to which notice against entering was given by:

• personal communication to the defendant by the owner or someone with apparent authority to act for the owner; fencing or other enclosure obviously designed to exclude intruders;
• or posting of signs reasonably likely to come to the attention of intruders.

A defendant is guilty of a class B misdemeanor criminal trespass (domestic violence) when under circumstances not amounting to the offense of burglary or commercial obstruction:

• the defendant enters or remains unlawfully on property and:
• intends to cause annoyance or injury to any person or damage t any property, including the use of graffiti;
• intends to commit any crime, other than theft or a felony;
• or is reckless as to whether his presence will cause fear for the safety of another.

A defendant is guilty of a class B misdemeanor criminal trespass (domestic violence) when they know their entry or presence is unlawful, the person enters or remains on property as to which notice against entering was given by:

• personal communication to the defendant by the owner or someone with apparent authority to act for the owner;
• fencing or other enclosure obviously designed to exclude intruders;
• or posting of signs reasonably likely to come to the attention of intruders.

Fine

Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

Bail

Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

• Order defendant to participate in an electronic or other type of monitoring program; and/or
• Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

• Order cost of any services or treatment provided to the victim and affected children of the victim; and
• Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
  (Utah Code Ann. §77-36-5(3)(4) and (5))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor criminal trespass (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of criminal trespass (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))