§ 76-9-805 — Failure to disperse.

(1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section.
(2) An actor commits failure to disperse if the actor:
(2)(a) is in a place designated as an area where gang loitering is prohibited under Section 11-48-104;
(2)(b) is ordered by a law enforcement officer under Section 53-25-602 to disperse from within sight and hearing of the location described in Subsection (2)(a); and
(2)(c) (2)(c)(i) fails to disperse as ordered in Subsection (2)(b); or
(2)(c)(ii) disperses and then returns to the location within the next eight hours after receiving the order to disperse under Subsection (2)(b).
(3) (3)(a) Subject to Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(3)(b) In addition to the punishment described in Subsection (3)(a), a subsequent violation of Subsection (2) is subject to a fine of not less than $100.
(4) A court may sentence an actor under Subsection (3)(b) with a lesser punishment if the court, on the record, finds that mitigating circumstances justify the lesser punishment.
(5) This section does not affect or limit an actor's constitutional right to engage in collective advocacy activities that are protected by the constitution or laws of this state or by the constitution or laws of the United States.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session