(a) A person commits criminal trespass if he or she purposely enters or remains unlawfully in or upon:
(1) A vehicle; or
(2) The premises of another person.
(b) Criminal trespass is a:
(1) Class B misdemeanor if:
(A) The vehicle or premises involved is an occupiable structure; or
(B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in ยง 2-39-102; or
(2) Class C misdemeanor if otherwise committed.
(c) An individual aggrieved by a violation of this section is granted a private cause of action against the person who violated this section and is entitled to recover:
(1) Actual damages caused by the violation;
(2) Reasonable attorney's fees; and
(3) Punitive damages.
Section: Previous 5-39-202 5-39-203 5-39-204 5-39-210 5-39-211 5-39-212 5-39-213 5-39-214 NextLast modified: November 15, 2016