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SF0067 • 2020

Criminal trespass.

AN ACT relating to crimes and offenses; amending criminal trespass elements; establishing the crime of and penalty for criminal trespass within an incorporated city or town; amending the penalty for criminal trespass; providing defenses; making conforming amendments; repealing notice provisions for criminal trespass; and providing an effective date.

Crime
Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Senator Boner
Last action
2020-03-11
Official status
inactive
Effective date
3/1/2020

Plain English Breakdown

The bill is inactive and did not pass before the session ended, leaving its future uncertain.

Changes to Criminal Trespass Laws

The bill modifies the penalties and conditions for criminal trespass in Wyoming, particularly within incorporated cities or towns.

What This Bill Does

  • Amends the penalty for general criminal trespass from a fine of up to $750 to up to $1,000.
  • Establishes a new crime called 'criminal trespass within an incorporated city or town' with penalties similar to those for general criminal trespass.
  • Provides defenses against being charged with criminal trespass under certain conditions.

Who It Names or Affects

  • People who might enter private property without permission in cities and towns.
  • Law enforcement officers handling trespass cases.
  • Courts dealing with criminal trespass cases.

Terms To Know

Criminal Trespass
The act of entering or staying on someone else's property without permission and knowing it is not allowed.
Misdemeanor
A crime that is less serious than a felony, usually punishable by fines or short jail time.

Limits and Unknowns

  • The bill did not pass before the session ended and is now inactive.
  • It does not specify how to enforce these changes in cities and towns.
  • Details about who will be responsible for issuing warnings are unclear.

Bill History

  1. 2020-03-11 Senate

    S:Died in Committee Returned Bill Pursuant to SR 5-4

  2. 2020-02-25 Senate

    S No report prior to CoW Cutoff

  3. 2020-02-11 Senate

    S Introduced and Referred to S01 - Judiciary 20-9-1-0-0

  4. 2020-02-10 Senate

    S Received for Introduction

  5. 2020-02-03 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
20LSO-0365
2020
STATE OF WYOMING
20LSO-0365
Introduced
2.0

SENATE FILE NO. SF0067

Criminal trespass.

Sponsored by: Senator(s) Boner, Driskill and Kost and Representative(s) Barlow, Kirkbride and Lindholm

A BILL

for

AN ACT relating to crimes and offenses; amending criminal trespass elements; establishing the crime of and penalty for criminal trespass within an incorporated city or town; amending the penalty for criminal trespass; providing defenses; making conforming amendments; repealing notice provisions for criminal trespass; and providing an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 6
‑
3
‑
303(a)(intro), (b) and by creating new subsections (d) through (f) and 31
‑
2
‑
704(b) are amended to read:

6
‑
3
‑
303.

Criminal trespass; trespass within a municipality; penalties.

(a)

Except on property for which subsection (d) of this section applies, a
person is guilty of criminal trespass if he enters
or remains on or in
the land or premises of another person
, knowing

when
he
is not authorized
does not have authorization
to do so
,
or
, after an authorized entry, remains on the land or premises
after being notified to depart or to not trespass.
For purposes of this section, notice is given by:

(b)

Criminal trespass is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than
seven hundred fifty dollars ($750.00)
one thousand dollars ($1,000.00)
, or both.

(d)

A person is guilty of criminal trespass within an incorporated city or town if he enters the land or premises of another person that is located within the corporate boundaries of a city or town, knowing he is not authorized
to do so, or, after an authorized entry, remains on the land or premises after being notified to depart or to not trespass.

(e)

Criminal trespass within an incorporated city or town is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than one thousand dollars ($1,000.00), or both.

(f)

It is an affirmative defense to prosecution under this section that:

(i)

The entry was made pursuant to a valid easement, license, lease, contract or other legal right to enter;

(ii)

The entry was made because of a reasonable mistake of fact;

(iii)

The entry was made to prevent injury or to preserve life or property in an emergency;

(iv)

The land or premises was at the time open to the public and the person complied with all lawful conditions imposed for accessing and remaining on or in the land or premises; or

(v)

The person believed he was authorized to enter or remain on the land or premises based on reasonable use of a land status map or a global positioning system device.

31
‑
2
‑
704.

Payment of fees; issuance of numbered decal; trespass warning printed on decal.

(b)

Numbered decals issued under this article shall contain the following language: "Warning: trespass upon private property while operating an off
‑
road recreational vehicle is punishable by imprisonment up to six (6) months, a fine up to
seven hundred fifty dollars ($750.00)
one thousand dollars ($1,000.00)
, or both, under W.S. 6
‑
3
‑
303."

Section 2.

W.S. 6
‑
3
‑
303(a)(i) and (ii) is repealed.

Section 3
.

This act is effective July 1, 2020
.

(END)

1
SF0067