§ 41-22-12.7. Enhanced penalties for unlawful motor vehicle use on public or private property.

(1) A person is guilty of a class B misdemeanor for unlawful cross-country use of a motor vehicle on public land or unlawful motor vehicle use on private property if the person:

(a) violates Section 41-22-12.2, 41-22-12.5, or 41-22-13; and

(b)

(i) has been convicted of violating Section 41-22-12, 41-22-12.2, 41-22-12.5, or 41-22-13 within the last two years; or

(ii) knowingly, intentionally, or recklessly:

(A) damages vegetation, trees, wetlands, riparian areas, fences, structures, or improvements; or

(B) harasses wildlife or livestock.

(2) As part of any sentence for a conviction of a violation described in Subsection (1), the court may:

(a) impose a fine not to exceed $300;

(b) require the person to pay restitution not to exceed $1,000 for damage caused by the unlawful motor vehicle use; and

(c) require the person to perform community service in the form of repairing any damage to the public land caused by the unlawful motor vehicle use.

(3) As part of any sentence for a conviction described in Subsection (1) that is within five years of a prior conviction described in Subsection (1), the court may:

(a) impose a fine not to exceed $1,000;

(b) require the person to pay restitution not to exceed $2,000 for damage caused by the unlawful motor vehicle use; and

(c) require the person to perform community service in the form of repairing any damage caused by the unlawful motor vehicle use.

Enacted by Chapter 289, 2009 General Session