| (1) |
As used in this section, “on or about school premises” means:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-10-505.5- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Dangerous weapon: means :
| (ii) | an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501- Firearm: means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. See Utah Code 76-10-501
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Residence: means an improvement to real property used or occupied as a primary or secondary residence. See Utah Code 76-10-501
- Shotgun: means a smooth bore firearm designed to fire cartridges containing pellets or a single slug. See Utah Code 76-10-501
|
| (a) |
| (i) |
in a public or private elementary or secondary school; or |
| (ii) |
on the grounds of any of those schools; |
|
| (b) |
| (i) |
in a public or private institution of higher education; or |
| (ii) |
on the grounds of a public or private institution of higher education; and |
| (iii) |
| (A) |
inside the building where a preschool or child care is being held, if the entire building is being used for the operation of the preschool or child care; or |
| (B) |
if only a portion of a building is being used to operate a preschool or child care, in that room or rooms where the preschool or child care operation is being held. |
|
|
| (2) |
A person may not possess any dangerous weapon, firearm, or short barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in this section. |
| (3) |
| (a) |
Possession of a dangerous weapon on or about school premises is a class B misdemeanor. |
| (b) |
Possession of a firearm or short barreled shotgun on or about school premises is a class A misdemeanor. |
|
| (4) |
This section does not apply if:
| (b) |
the person is authorized to possess a firearm as provided under Section 53-5-704.5, unless the person is in a location where the person is prohibited from carrying a firearm under Subsection 53-5-710(2); |
| (c) |
the possession is approved by the responsible school administrator; |
| (d) |
the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or |
| (e) |
the possession is:
| (i) |
at the person’s place of residence or on the person’s property; or |
| (ii) |
in any vehicle lawfully under the person’s control, other than a vehicle owned by the school or used by the school to transport students. |
|
|
| (5) |
This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises. |
Amended by Chapter 141, 2021 General Session
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