76-8-1402. Disruption of activity in or near school building.
(1) As used in this section: "Chief administrator" means the principal of a school or the chief administrator of a school that does not have a principal. "Chief administrator" includes the chief administrator's designee or representative. "School" means a public or private kindergarten, elementary, or secondary school through grade 12. Terms defined in Sectionsandapply to this section. 76-1-101.5 76-8-101
(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: materially disrupts the peaceful conduct of school activities by the actor's presence or act; and remains upon the place under Subsection (2)(a) after being asked to leave by the chief administrator of that school.
(3) Except as provided under Subsection (4), a first or second violation of Subsection (2) is a class B misdemeanor. 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.