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Weapons Offenses: Possession of a Weapon on School Premises


Possession of a Weapon on School Premises: Attorneys

Possession of a Weapon on School Premises

Legal Definition:

Automobile Homicide is the commission or attempt to commit assault by one cohabitant against another.

Possession of a Weapon on School Premises

Utah Code §76-10-505.5

Degree

Depending on the facts, possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises, may be charged as a class B misdemeanor or a class A misdemeanor.

Elements

A defendant commits a class B misdemeanor possession of a dangerous weapon. on or about school premises, when they possess any dangerous weapon, at a place that the defendant knows, or has reasonable cause to believe, is on or about school premises.

A defendant commits a class A misdemeanor possession of a firearm or sawed-off shotgun on or about school premises, when they possess a firearm or sawed-off shotgun, at a place that the defendant knows, or has reasonable cause to believe, is on or about school premises.

Fine

Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor possession of a dangerous weapon by a minor must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))


Other Criminal Charges

Learn more about crimes related to Possession of a Weapon on School Premises. If you have any questions, please feel free to call our office at (801) 505-1586.