53G-8-603. Criminal trespass upon school property -- Penalty.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)As used in this section:

(a)"Enter" means intrusion of the entire body upon school property.

(b)"Remain unlawfully" means that a person remains on property when the person is not licensed or privileged to remain on the property.

(i)"School property" means a school.

(ii)"School property" does not mean LEA offices or any other property an LEA owns or controls that is not a school.

(2)A person is guilty of criminal trespass upon school property if the person does the following:

(a)enters or remains unlawfully upon school property, and:

(i)intends to cause annoyance or injury to a person or damage to property on the school property;

(ii)intends to commit a crime; or

(iii)is reckless as to whether the person's presence will cause fear for the safety of another; or

(b)enters or remains without authorization upon school property if notice against entry or remaining has been given by:

(i)personal communication to the person by a school official or an individual with apparent authority to act for a school official;

(ii)the posting of signs reasonably likely to come to the attention of trespassers;

(iii)fencing or other enclosure obviously designed to exclude trespassers; or

(iv)a current order of suspension or expulsion.

(3)Violation of this section is a class B misdemeanor.

Amended by Chapter 485 , 2025 General Session