Posted On: August 12, 2009 by Baker Associates

Persons Improperly on School Property

Every year a news story hits the national airwaves about a person who unlawfully enters school premises to commit a crime. Sometimes the crime committed is sexual assault and, at other times, the crime is distribution of controlled substances.

Just this year, Jackson, Michigan, made national news after a man unlawfully entered onto the school grounds of a local middle school and allegedly attempted to sexually assault a female student. Based on video surveillance footage, a 27-year old male waited at the locked entrance to the school’s music room, waited until someone opened the door, entered, walked directly into a female restroom, and accosted the female victim. The man was charged with assault with intent to commit sexual penetration and second-degree criminal sexual conduct.

In Tennessee, under TCA 49-6-2008, the alleged perpetrator could also be charged with unlawful entrance upon school premises. The language of the statute reads: “[i]n order to maintain the conditions and atmosphere suitable for learning, no person shall enter onto school buses, or during school hours, enter upon the grounds or into the buildings of any school, except students assigned to that bus or school, the staff of the school, parents of students, and other persons with lawful and valid business on the bus or school premises.”

Trespass or unlawful entrance upon school premises carries stiff penalties. In fact, a violation of TCA 49-6-2008 is a Class A misdemeanor and is punishable up to a year in prison and a $2,500 fine.

If you have been charged with trespass or unlawful entrance upon school premises, call the experienced East Tennessee criminal defense attorneys at Baker Associates to discuss your legal options. Call now to schedule your no-cost consultation.