76-11-206. Carrying a dangerous weapon at a daycare.

408 words·~2 min read·/ut/title-76/chapter-11/76-11-206

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

Effective 5/7/2025

(a)As used in this section:

(i)"Daycare" means a preschool or child care center.

(ii)"On or about daycare premises" means:

(A)inside the building where a daycare is being held, if the entire building is being used for the operation of the daycare; or

(B)if only a portion of a building is being used to operate a daycare, in the room or rooms where the daycare operation is being held.

(b)Terms defined in Sections 76-1-101.5 , 76-11-101 , and 76-11-201 apply to this section.

(2)An actor commits carrying a dangerous weapon at a daycare if the actor:

(a)is not an individual listed in Subsection

(4);

(b)carries a dangerous weapon on or about daycare premises; and

(c)has reasonable cause to believe that the actor is on or about daycare premises at the time the actor carried the dangerous weapon.

(a)A violation of Subsection

(2)is a class B misdemeanor if the dangerous weapon carried by the actor is not a firearm.

(b)A violation of Subsection

(2)is a class A misdemeanor if the dangerous weapon carried by the actor is a firearm.

(4)This section does not apply if:

(a)the actor is an individual exempted from certain weapons laws as described in Section 53-5a-108 ;

(b)the actor has a concealed carry permit as described in Section 53-5a-303 ;

(c)the actor has a provisional concealed carry permit as described in Section 53-5a-304 ;

(d)the actor has a temporary concealed carry permit issued under Section 53-5a-305 ;

(e)the actor is carrying the dangerous weapon at the actor's place of residence or on the actor's real property;

(f)the actor's carrying of the dangerous weapon is approved by the responsible daycare administrator;

(g)the dangerous weapon is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the actor responsible for the dangerous weapon's possession or use; or

(h)the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's control, not including a vehicle owned by the daycare or used by the daycare to transport minors enrolled in the daycare.

(5)This section does not prohibit the prosecution of another criminal offense that may occur on or about daycare premises.

Enacted by Chapter 208 , 2025 General Session