(a) The following are prohibited:
(1) Trespassing. Trespassing, entering or remaining in or upon property or real property not open to the public, except with the express invitation or consent of the person having lawful control of the property or real property.
(2) Tampering. Tampering or attempting to tamper with property or real property, or moving, manipulating or setting in motion any of the parts thereof, except when such property is under one's lawful control or possession.
(3) Vandalism. Destroying, injuring, defacing, or damaging property or real property.
(4) Harassment. Intentional or reckless harassment of park visitors with physical contact.
(5) Obstruction. Intentional or reckless obstruction of any sidewalk, trail, highway, building entranceway, railroad track, or public utility right-of-way, or other public passage, whether alone or with others. The mere gathering of persons to hear a speaker communicate, or simply being a member of such a gathering, does not constitute obstruction. An official may make a reasonable request or order that one or more persons move in order to prevent obstruction of a public passage, and refusal of such an order constitutes obstruction.
(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987; 75 FR 64153, Oct. 19, 2010]
Notes of Decisions
United States v. Robert K. Souza, Jr., 392 F.3d 1050 (9th Cir. 2004).
· cites it 5× “Title 36 C.F.R. § 2.31 prohibits trespassing, tampering, and vandalism: (a) The following are prohibited: (1) Trespassing.”
United States v. Garfield Cnty., 122 F. Supp. 2d 1201 (D. Utah 2000).
“1626, 1630 (March 26, 1941), codified at 36 C.F.R. § 2.31 (d). The regulation was amended and renumbered in 1948, but still grouped under "Private operations:” (d) No person, firm, or corporation shall construct or attempt to construct, a road, trail, path, or other way, over,…”
Fund for Animals v. Mainella, 283 F. Supp. 2d 418 (D. Mass. 2003).
“See 36 C.F.R. § 2.31 (1966). Although the hunting regulations were amended from time-to-time, they remained substantially the same until 1981.”
United States v. Reed, 878 F. Supp. 2d 1199 (D. Nev. 2012).
“30 (a)(1) punished stealing and carrying away items from the van and 36 C.F.R. § 2.31 (a)(2) punished the unauthorized entry into the vehicle and manipulation of the contents inside the vehicle); Waites, 198 F.”
Mantle Ranches, Inc. v. United States Park Serv., 945 F. Supp. 1449 (D. Colo. 1996).
· cites it 3× “Chapter 1, specifically the prohibitions against trespassing, tampering and vandalism contained in 36 C.F.R. § 2.31 . Mantle, it argues, has no right to develop water resources harmed by illegal water development activities and, even if it did, would require a Special Use Permit…”
United States v. Palmer Robinson, 670 F. App'x 144 (4th Cir. 2016).
“22 (b)(1), (3) (2016); and vandalism of Government property, in violation of 36 C.F.R. § 2.31 (a)(3) (2016). The district court affirmed his convictions.”
United States v. Curtis Russell (4th Cir. 2023).
“USCA4 Appeal: 22-4087 Doc: 17 Filed: 08/15/2023 Pg: 2 of 2 PER CURIAM: Following a bench trial, a magistrate judge convicted Curtis Russell of vandalism in violation of 36 C.F.R. § 2.31 (a)(3) for using a piece of a spark plug to smash a woman’s car window to then steal her…”
Lunsford v. US Nat'l Park Serv. (D. Utah 2024).
“” 17 Second, 36 C.F.R. § 2.31 (a)(3) prohibits “[v]andalism,” defined as “[d]estroying, injuring, defacing, or damaging property or real property.”
United States v. Rady Williams (11th Cir. 2025).
“36 C.F.R. § 2.31 (a)(5). The testimony at trial, supported by the chief ranger’s body-camera USCA11 Case: 24-14167 Document: 23-1 Date Filed: 10/21/2025 Page: 7 of 8 24-14167 Opinion of the Court 7 video, was that Williams’s drink cooler was obstructing the side- walk and that…”
United States v. Gregory Cline, 560 F. App'x 195 (4th Cir. 2014).
“Cline took money from a donation box in the Great Smoky Mountains National Park and subsequently pled guilty, pursuant to a plea agreement, to tampering, in violation of 36 C.F.R. § 2.31 (a)(1) (2013). At the end of Cline’s allocution at sentencing, the magistrate judge asked…”
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