Utah Code 76-8-1402. Disruption of activity in or near school building
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
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 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-8-1402
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- 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
(1)(a) As used in this section:
(1)(a)(i)
(1)(a)(i)(A) “Chief administrator” means the principal of a school or the chief administrator of a school that does not have a principal.
(1)(a)(i)(B) “Chief administrator” includes the chief administrator’s designee or representative.
(1)(a)(ii) “School” means a public or private kindergarten, elementary, or secondary school through grade 12.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) In the absence of a local ordinance or other controlling law governing the conduct described in this Subsection (2), an actor commits disruption of activity in or near school building if the actor, while on a street, sidewalk, or public way adjacent to a school building or ground:
(2)(a) materially disrupts the peaceful conduct of school activities by the actor’s presence or act; and
(2)(b) remains upon the place under Subsection (2)(a) after being asked to leave by the chief administrator of that school.
(3)
(3)(a) Except as provided under Subsection (4), a first or second violation of Subsection (2) is a class B misdemeanor.
(3)(b) Except as provided under Subsection (4), a third or subsequent violation of Subsection (2) is a class A misdemeanor.
(4) If an actor’s conduct violates Subsection (2) and the actor’s conduct also amounts to a violation of another offense with a greater penalty, the offense with the greater penalty applies.