South Carolina § 16-17-420 - School disturbances by nonstudents; penalties.

§ 16-17-420. School disturbances by nonstudents; penalties.

(A) It is unlawful for a person who is not a student to wilfully interfere with, disrupt, or disturb the normal operations of a school or college in this State by:

(1) entering upon school or college grounds or property without the permission of the principal or president in charge;

(2) loitering upon or about school or college grounds or property, after notice is given to vacate the grounds or property and after having reasonable opportunity to vacate;

(3) initiating a physical assault on, or fighting with, another person on school or college grounds or property;

(4) being loud or boisterous on school or college grounds or property after instruction by school or college personnel to refrain from the conduct;

(5) threatening physical harm to a student or a school or college employee while on school or college grounds or property; or

(6) threatening the use of deadly force on school or college property or involving school or college grounds or property when the person has the present ability, or is reasonably believed to have the present ability, to carry out the threat.

(B) For the purpose of this section, "person who is not a student" means a person who is not enrolled in, or who is suspended or expelled from, the school or college that the person interferes with, disrupts, or disturbs at the time the interference, disruption, or disturbance occurs.

(C) Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year, or both.

HISTORY: 1962 Code SECTION 16-551; 1952 Code SECTION 16-551; 1942 Code SECTION 1129; 1932 Code SECTION 1129; Cr. C. '22 SECTION 28; 1919 (31) 239; 1968 (55) 2308; 1972 (57) 2620; 2010 Act No. 273, SECTION 12, eff June 2, 2010; 2018 Act No. 182 (S.131), SECTION 1, eff May 17, 2018.

Validity

For the validity of the prior version of this section, see Kenny v. Wilson, 566 F. Supp.3d 447 (D.S.C. Oct. 8, 2021).

Effect of Amendment

2018 Act No. 182, SECTION 1, rewrote the section.