(1)  In the absence of a local ordinance or other controlling law governing the conduct described in this Subsection (1), a person is guilty of an offense under Subsection (2) who, while on a street, sidewalk, or public way adjacent to any school building or ground:

criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 76-8-1402

  • Chief administrator: means the principal of a school or the chief administrator of a school that does not have a principal, and includes the administrator's designee or representative. See Utah Code 76-8-1401
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • 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
  • School: means an elementary school or a secondary school that:
(a) is a public or private school; and
(b) provides instruction for one or more of the grades kindergarten through 12. See Utah Code 76-8-1401
(a)  by his or her presence or acts, materially disrupts the peaceful conduct of school activities; and

(b)  remains upon the place under Subsection (1)(a) after being asked to leave by the chief administrator of that school.

(2) 

(a)  A violation of Subsection (1) is subject to the penalties under Subsection (2)(b) unless the violation constitutes another offense subject to a greater penalty.

(b) 

(i)  The first and second violation of Subsection (1) are class B misdemeanors.

(ii)  A third and any subsequent violations of Subsection (1) are class A misdemeanors.

Enacted by Chapter 107, 2004 General Session

  Previous section
Next section  
 Part 14 Contents