<section number="76-11-206"><effdate>5/7/2025</effdate><histories><history>Enacted by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Carrying a dangerous weapon at a daycare.</catchline><subsection number="76-11-206(1)"><subsection number="76-11-206(1)(a)">As used in this section:<subsection number="76-11-206(1)(a)(i)">"Daycare" means a preschool or child care center.</subsection><subsection number="76-11-206(1)(a)(ii)">"On or about daycare premises" means:<subsection number="76-11-206(1)(a)(ii)(A)">inside the building where a daycare is being held, if the entire building is being used for the operation of the daycare; or</subsection><subsection number="76-11-206(1)(a)(ii)(B)">if only a portion of a building is being used to operate a daycare, in the room or rooms where the daycare operation is being held.</subsection></subsection></subsection><subsection number="76-11-206(1)(b)">Terms defined in Sections <xref depth="3" refnumber="76-1-101.5">76-1-101.5</xref>, <xref depth="3" refnumber="76-11-101">76-11-101</xref>, and <xref depth="3" refnumber="76-11-201">76-11-201</xref> apply to this section.</subsection></subsection><subsection number="76-11-206(2)">An actor commits carrying a dangerous weapon at a daycare if the actor:<subsection number="76-11-206(2)(a)">is not an individual listed in Subsection <xref refnumber="76-11-206(4)" depth="4">(4)</xref>;</subsection><subsection number="76-11-206(2)(b)">carries a dangerous weapon on or about daycare premises; and</subsection><subsection number="76-11-206(2)(c)">has reasonable cause to believe that the actor is on or about daycare premises at the time the actor carried the dangerous weapon.</subsection></subsection><subsection number="76-11-206(3)"><subsection number="76-11-206(3)(a)">A violation of Subsection <xref refnumber="76-11-206(2)" depth="4">(2)</xref> is a class B misdemeanor if the dangerous weapon carried by the actor is not a firearm.</subsection><subsection number="76-11-206(3)(b)">A violation of Subsection <xref refnumber="76-11-206(2)" depth="4">(2)</xref> is a class A misdemeanor if the dangerous weapon carried by the actor is a firearm.</subsection></subsection><subsection number="76-11-206(4)">This section does not apply if:<subsection number="76-11-206(4)(a)">the actor is an individual exempted from certain weapons laws as described in Section <xref depth="3" refnumber="53-5a-108">53-5a-108</xref>;</subsection><subsection number="76-11-206(4)(b)">the actor has a concealed carry permit as described in Section <xref depth="3" refnumber="53-5a-303">53-5a-303</xref>;</subsection><subsection number="76-11-206(4)(c)">the actor has a provisional concealed carry permit as described in Section <xref depth="3" refnumber="53-5a-304">53-5a-304</xref>;</subsection><subsection number="76-11-206(4)(d)">the actor has a temporary concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-305">53-5a-305</xref>;</subsection><subsection number="76-11-206(4)(e)">the actor is carrying the dangerous weapon at the actor's place of residence or on the actor's real property;</subsection><subsection number="76-11-206(4)(f)">the actor's carrying of the dangerous weapon is approved by the responsible daycare administrator;</subsection><subsection number="76-11-206(4)(g)">the dangerous weapon is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the actor responsible for the dangerous weapon's possession or use; or</subsection><subsection number="76-11-206(4)(h)">the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's control, not including a vehicle owned by the daycare or used by the daycare to transport minors enrolled in the daycare.</subsection></subsection><subsection number="76-11-206(5)">This section does not prohibit the prosecution of another criminal offense that may occur on or about daycare premises.</subsection></section>