Enrolled Copy S.B. 255
1 TRESPASSING OF A LONG-TERM GUEST AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore House Sponsor: Calvin R. Musselman
2
3 LONG TITLE
4 General Description:
5 This bill modifies criminal trespass by long-term guest to a residence.
6 Highlighted Provisions:
7 This bill:
8 ▸ clarifies that an immediate family member is not a long-term guest; and
9 ▸ addresses resolution of the circumstance in which one party attempts to remove a
10 long-term guest and another party gives express permission for the long-term guest to stay.
11 Money Appropriated in this Bill:
12 None
13 Other Special Clauses:
14 None
15 Utah Code Sections Affected:
16 AMENDS:
17 76-6-206.4, as last amended by Laws of Utah 2023, Chapter 111
18
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 76-6-206.4 is amended to read:
21 76-6-206.4 . Criminal trespass by long-term guest to a residence.
22 (1) (a) As used in this section:
23 (i) "Burglary" means an offense described in Section 76-6-202, 76-6-203, or 76-6-204.
24 (ii) "Long-term guest" means an individual who is not a tenant, nor the immediate
25 family member of an owner or tenant, but who is given express or implied
26 permission by [the person who is the primary occupant] an owner or tenant of the
27 residence or someone with apparent authority to act for [the primary occupant] an
28 owner or tenant to enter a portion of a residence or temporarily occupy a portion
 S.B. 255 Enrolled Copy
29 of a residence:
30 (A) for a period of time longer than 48 hours; and
31 (B) without providing the owner or [primary occupant] tenant of the residence
32 compensation or entering into an agreement that the individual provide labor in
33 lieu of providing the owner or primary occupant compensation for occupying
34 the residence.
35 (iii) "Residence" means an improvement to real property used or occupied as a
36 primary or secondary dwelling.
37 (iv) "Tenant" means a person who has the right to occupy a residence under a rental
38 agreement or lease, or has a tenancy by operation of law.
39 (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
40 [(2) An actor commits criminal trespass of a residence if the actor:]
41 [(a) is a long-term guest; and]
42 [(b) in circumstances not amounting to burglary, remains in a residence after the actor
43 receives notice against remaining in the residence by personal communication to the
44 actor by the person who is the primary occupant of the residence or someone with
45 apparent authority to act for the primary occupant.]
46 (2) (a) Except as provided in Subsection (2)(b), a long-term guest commits criminal
47 trespass of a residence if the long-term guest, in circumstances not amounting to
48 burglary, remains in a residence after receiving notice to leave the residence from:
49 (i) an owner;
50 (ii) a tenant; or
51 (iii) someone with apparent authority to act for an owner or a tenant.
52 (b) A long-term guest does not commit criminal trespass if:
53 (i) the long-term guest has express permission to remain in the residence from a
54 separate owner or tenant; and
55 (ii) the express permission is not:
56 (A) revoked by the owner or tenant described in Subsection (2)(b)(i); or
57 (B) rendered void under Subsection (2)(c).
58 (c) The express permission described in Subsection (2)(b) is void if:
59 (i) the long-term guest or a visitor of the long-term guest:
60 (A) uses or distributes illegal drugs at the residence;
61 (B) distributes alcohol to a minor at the residence;
62 (C) commits a crime against a person or property at the residence; or
-2-
 Enrolled Copy S.B. 255
63 (D) commits a behavior that threatens or substantially endangers the security,
64 safety, well-being, or health of other persons at the residence or threatens or
65 damages property at the residence; or
66 (ii) the long-term guest commits a felony after occupying the residence, regardless of
67 whether the long-term guest enters into a plea agreement for a lower offense and
68 regardless of where the felony takes place.
69 (3) A violation of Subsection (2) is a class B misdemeanor.
70 (4) Before a law enforcement officer escorts [an actor] a long-term guest from a residence
71 for a violation of Subsection (2), the law enforcement officer shall provide the [actor]
72 long-term guest a reasonable time for the [actor] long-term guest to collect the [actor's]
73 long-term guest's personal belongings.
74 Section 2. Effective date.
75 This bill takes effect on May 1, 2024.
-3-


Statutes affected:
Introduced: 76-6-206.4
Enrolled: 76-6-206.4