2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 2 - Offenses Against Public Order
§ 16-11-35. Removal From Campus or Facility of Unit of University System or School; Failure to Leave
- As used in this Code section, the term:
- "Chief administrative officer," in the case of a public school, means the principal of the school or an officer designated by the superintendent or board of education having jurisdiction of the school to be the officer in charge of the public school.
- "Chief administrative officer," in the case of a unit of the university system, means the president of the unit of the university system or the officer designated by the Board of Regents of the University System of Georgia to administer and be the officer in charge of a campus or other facility of a unit of the university system.
- "Public school" means any school under the control and management of a county, independent, or area board of education supported by public funds and any school under the control and management of the State Board of Education or department or agency thereof supported by public funds.
- "Unit of the university system" means any college or university under the government, control, and management of the Board of Regents of the University System of Georgia.
- In any case in which a person who is not a student or officer or employee of a unit of the university system or of a public school and who is not required by his or her employment to be on the campus or any other facility of any such unit or of any public school enters the campus or facility, and it reasonably appears to the chief administrative officer of the campus or facility, or to any officer or employee designated by him or her to maintain order on the campus or facility, that such person is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the purpose of committing any such act, the chief administrative officer or the officers or employees designated by him or her to maintain order on the campus or facility may direct the person to leave the campus or facility, and, if the person fails to do so, he or she shall be guilty of a misdemeanor of a high and aggravated nature.
(Code 1933, § 26-2615, enacted by Ga. L. 1972, p. 134, § 1; Ga. L. 1985, p. 149, § 16; Ga. L. 1994, p. 1012, § 10.)Cross references.
- Loitering on school property or interfering with operation of public school, §§ 20-2-1180,20-2-1181.Editor's notes.
- Ga. L. 1994, p. 1012, § 1, not codified by the General Assembly, provides that the Act shall be known and may be cited as the "School Safety and Juvenile Justice Reform Act of 1994".
Ga. L. 1994, p. 1012, § 2, not codified by the General Assembly, sets forth legislative findings and determinations for the "School Safety and Juvenile Justice Reform Act of 1994".
Ga. L. 1994, p. 1012, § 29, not codified by the General Assembly, provides for severability.
Section does not preempt general criminal trespass statute.
- Appellants who were charged under the general criminal trespass statute for knowingly and without authority remaining on the premises of a junior college could not get their convictions overturned by arguing that the charge should have been brought under O.C.G.A. § 16-11-35, since that section was not intended to preempt the general criminal trespass statute. Brooks v. State, 170 Ga. App. 440, 317 S.E.2d 552 (1984).
Cited in Spruell v. Jarvis, 654 F.2d 1090 (5th Cir. 1981); State v. Pattee, 201 Ga. App. 690, 411 S.E.2d 751 (1991).
Am. Jur. 2d.
- 75 Am. Jur. 2d, Trespass, § 76 et seq.C.J.S.
- 11 C.J.S., Breach of the Peace, § 4.ALR.
- Participation of student in demonstration on or near campus as warranting imposition of criminal liability for breach of peace, disorderly conduct, trespass, unlawful assembly, or similar offense, 32 A.L.R.3d 551.