76-8-1403. Unlawful evasion of law enforcement by entering school property-- Restitution.

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

Effective 5/1/2024

(a)As used in this section:

(i)"School" means a public or private kindergarten, elementary, or secondary school through grade 12, including all buildings and property of the school.

(ii)"School property" means real property:

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

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

(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.

(b)Terms defined in Sections 76-1-101.5 and 76-8-101 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:

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

(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:

(a)failure to respond to officer's signal to stop under Section 41-6a-210 ; or

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

Amended by Chapter 96 , 2024 General Session