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

(1) As used in this section:
(1)(a) "Enter" means intrusion of the entire body upon school property.
(1)(b) "Remain unlawfully" means that a person remains on property when the person is not licensed or privileged to remain on the property.
(1)(c) (1)(c)(i) "School property" means a school.
(1)(c)(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:
(2)(a) enters or remains unlawfully upon school property, and:
(2)(a)(i) intends to cause annoyance or injury to a person or damage to property on the school property;
(2)(a)(ii) intends to commit a crime; or
(2)(a)(iii) is reckless as to whether the person's presence will cause fear for the safety of another; or
(2)(b) enters or remains without authorization upon school property if notice against entry or remaining has been given by:
(2)(b)(i) personal communication to the person by a school official or an individual with apparent authority to act for a school official;
(2)(b)(ii) the posting of signs reasonably likely to come to the attention of trespassers;
(2)(b)(iii) fencing or other enclosure obviously designed to exclude trespassers; or
(2)(b)(iv) a current order of suspension or expulsion.
(3) Violation of this section is a class B misdemeanor.

Legislative History

Amended by Chapter 485, 2025 General Session