Utah Code 76-8-1403. Evading law enforcement by going onto school property — Penalty

76-8-1403. Evading law enforcement by going onto school property — Penalty — Restitution.

(1)

As used in this section:

Under 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

For details, see Utah Code § 76-3-204

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Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
Peace officer: means an employee of a police or law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions. See Utah Code 76-8-101
Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
real property: includes :Utah Code 68-3-12.5
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

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)	“School” means any public or private kindergarten, elementary, or secondary school through grade 12, including all buildings and property of the school.

(b)

“School property” means real property:

(i)	that is owned or occupied by a public or private school; or

(ii)

(A)	that is temporarily occupied by students for a school-related activity or program; and

(B)	regarding which, during the time the activity or program is being conducted, the main use of the real property is allocated to participants in the activity or program.

(2)

A person is guilty of the class A misdemeanor of evading law enforcement while on school property, if the person enters onto school property when:

(a)	students are attending the school or students are participating in any school-related activity or program on school property; and

(b)	the person is in the act of fleeing or evading, or attempting to flee or evade, pursuit or apprehension by any peace officer.

(3)	It is not a defense that the person did not know that the person had entered onto school property.

(4)	As a part of the sentence for violation of this section, the court shall order the defendant to reimburse the school for costs incurred by the school in responding to the defendant’s presence on the school property.

(5)

The offense under this section of evading law enforcement while on school property is a separate offense from a violation of:

(a)	Section 41-6a-210, regarding failure to respond to an officer’s signal to stop; or

(b)	Section 76-8-305.5, regarding failure to stop at the command of a peace officer.

Amended by Chapter 133, 2018 General Session

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