76-3-203.2 - Definitions -- Use of dangerous weapon in offenses committed on or about school premises -- Enhanced penalties.
76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on orabout school premises -- Enhanced penalties.
(1) (a) As used in this section and Section 76-10-505.5, "on or about school premises"means any of the following:
(i) in a public or private elementary, secondary, or on the grounds of any of thoseschools;
(ii) in a public or private vocational school or postsecondary institution or on the groundsof any of those schools or institutions;
(iii) in those portions of any building, park, stadium, or other structure or grounds whichare, at the time of the act, being used for an activity sponsored by or through a school orinstitution under Subsections (1)(a)(i) and (ii);
(iv) in or on the grounds of a preschool or child-care facility; and
(v) within 1,000 feet of any structure, facility, or grounds included in Subsections(1)(a)(i), (ii), (iii), and (iv).
(b) As used in this section:
(i) "Dangerous weapon" has the same definition as in Section 76-1-601.
(ii) "Educator" means any person who is employed by a public school district and who isrequired to hold a certificate issued by the State Board of Education in order to perform duties ofemployment.
(iii) "Within the course of employment" means that an educator is providing services orengaging in conduct required by the educator's employer to perform the duties of employment.
(2) Any person who, on or about school premises, commits any offense and uses orthreatens to use a dangerous weapon, as defined in Section 76-1-601, in the commission of theoffense is subject to an enhanced degree of offense as provided in Subsection (4).
(3) (a) Any person who commits an offense against an educator when the educator isacting within the course of employment is subject to an enhanced degree of offense as providedin Subsection (4).
(b) As used in Subsection (3)(a), "offense" means:
(i) an offense under Title 76, Chapter 5, Offenses Against The Person; and
(ii) an offense under Title 76, Chapter 6, Part 3, Robbery.
(4) If the trier of fact finds beyond a reasonable doubt that the defendant, while on orabout school premises, commits any offense and in the commission of the offense uses orthreatens to use a dangerous weapon, or that the defendant committed an offense against aneducator when the educator was acting within the course of his employment, the enhancedpenalty for a:
(a) class B misdemeanor is a class A misdemeanor;
(b) class A misdemeanor is a third degree felony;
(c) third degree felony is a second degree felony; or
(d) second degree felony is a first degree felony.
(5) The enhanced penalty for a first degree felony offense of a convicted person:
(a) is imprisonment for a term of not less than five years and which may be for life, andimposition or execution of the sentence may not be suspended unless the court finds that theinterests of justice would be best served and states the specific circumstances justifying thedisposition on the record; and
(b) is subject also to the dangerous weapon enhancement provided in Section 76-3-203.8
except for an offense committed under Subsection (3) that does not involve a firearm.
(6) The prosecuting attorney, or grand jury if an indictment is returned, shall providenotice upon the information or indictment that the defendant is subject to the enhanced degree ofoffense or penalty under Subsection (4) or (5).
(7) In cases where an offense is enhanced pursuant to Subsection (4)(a), (b), (c), or (d), orunder Subsection (5)(a) for an offense committed under Subsection (2) that does not involve afirearm, the convicted person is not subject to the dangerous weapon enhancement in Section76-3-203.8.
(8) The sentencing enhancement described in this section does not apply if:
(a) the offense for which the person is being sentenced is:
(i) a grievous sexual offense;
(ii) child kidnapping, Section 76-5-301.1;
(iii) aggravated kidnapping, Section 76-5-302; or
(iv) forcible sexual abuse, Section 76-5-404; and
(b) applying the sentencing enhancement provided for in this section would result in alower maximum penalty than the penalty provided for under the section that describes the offensefor which the person is being sentenced.
Amended by Chapter 339, 2007 General Session