(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.
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