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