Utah Code 76-8-1403. Unlawful evasion of law enforcement by entering school property– Restitution
Current as of: 2024 | Check for updates
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(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 |
Terms Used In Utah Code 76-8-1403
- 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
- 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 a political subdivision of the state, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or a political subdivision of the state. See Utah Code 76-8-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5(1)(a) As used in this section:(1)(a)(i) “School” means a public or private kindergarten, elementary, or secondary school through grade 12, including all buildings and property of the school.(1)(a)(ii) “School property” means real property:(1)(a)(ii)(A) that is owned or occupied by a public or private school; or(1)(a)(ii)(B)(1)(a)(ii)(B)(I) that is temporarily occupied by students for a school-related activity or program; and(1)(a)(ii)(B)(II) 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.(1)(b) Terms defined in Sections
76-1-101.5 and76-8-101 apply to this section.
(2) An actor commits unlawful evasion of law enforcement by entering school property if the actor enters onto school property when:
(2)(a) students are attending the school or students are participating in any school-related activity or program on school property; and
(2)(b) the actor is in the act of fleeing or evading, or attempting to flee or evade, pursuit or apprehension by a peace officer.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) It is not a defense to a violation of this section that the actor did not know that the actor had entered onto school property.
(5) As a part of the sentence for violation of this section, the court shall order the actor to reimburse the school for costs incurred by the school in responding to the actor’s presence on the school property.
(6) The offense under this section is a separate offense from a violation of:
(6)(a) failure to respond to officer’s signal to stop under Section 41-6a-210 ; or
(6)(b) failure to stop at the command of a peace officer under Section 76-8-305.5 .