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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : FAMILY OFFENSES
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13-3601.01 Domestic violence; treatment; definition
A. The judge shall order a person who is convicted of a misdemeanor domestic
violence offense to complete a domestic violence offender treatment program that is
provided by a facility approved by the department of health services or a probation
department. If a person has previously been ordered to complete a domestic violence
offender treatment program pursuant to this section, the judge shall order the person
to complete a domestic violence offender treatment program unless the judge deems that
alternative sanctions are more appropriate. The department of health services shall
adopt and enforce guidelines that establish standards for domestic violence offender
treatment program approval.
B. On conviction of a misdemeanor domestic violence offense, if a person within
a period of sixty months has previously been convicted of a violation of a domestic
violence offense or is convicted of a misdemeanor domestic violence offense and has
previously been convicted of an act in another state, a court of the United States or
a tribal court that if committed in this state would be a domestic violence offense,
the judge may order the person to be placed on supervised probation and the person may
be incarcerated as a condition of probation. If the court orders supervised probation,
the court may conduct an intake assessment when the person begins the term of
probation and may conduct a discharge summary when the person is released from
probation. If the person is incarcerated and the court receives confirmation that the
person is employed or is a student, the court, on pronouncement of any jail sentence,
may provide in the sentence that the person, if the person is employed or is a student
and can continue the person's employment or studies, may continue the employment or
studies for not more than twelve hours a day nor more than five days a week. The
person shall spend the remaining day, days or parts of days in jail until the sentence
is served and shall be allowed out of jail only long enough to complete the actual
hours of employment or studies.
C. A person who is ordered to complete a domestic violence offender treatment
program shall pay the cost of the program.
D. If a person is ordered to attend a domestic violence offender treatment
program pursuant to this section, the program shall report to the court whether the
person has attended the program and has successfully completed the program.
E. For the purposes of this section, prior convictions for misdemeanor domestic
violence offenses apply to convictions for offenses that were committed on or after
January 1, 1999.
F. For the purposes of this section, "domestic violence offense" means an
offense involving domestic violence as defined in section 13-3601.
13-3601.02 Aggravated domestic violence; classification; definition
A. A person is guilty of aggravated domestic violence if the person within a
period of sixty months commits a third or subsequent violation of a domestic violence
offense or is convicted of a violation of a domestic violence offense and has
previously been convicted of any combination of convictions of a domestic violence
offense or acts in another state, a court of the United States or a tribal court that
if committed in this state would be a violation of a domestic violence offense.
B. A person who is convicted under this section and who within a period of sixty
months has been convicted of two prior violations of a domestic violence offense or
acts in another state, a court of the United States or a tribal court that if
committed in this state would be a domestic violence offense is not eligible for
probation, pardon, commutation or suspension of sentence or release on any other basis
until the person has served not less than four months in jail.
C. A person who is convicted under this section and who within a period of sixty
months has been convicted of three or more prior violations of a domestic violence
offense or acts in another state, a court of the United States or a tribal court that
if committed in this state would be a domestic violence offense is not eligible for
probation, pardon, commutation or suspension of sentence or release on any other basis
until the person has served not less than eight months in jail.
D. The dates of the commission of the offenses are the determining factor in
applying the sixty month provision in subsection A of this section regardless of the
sequence in which the offenses were committed. For purposes of this section, a third
or subsequent violation for which a conviction occurs does not include a conviction
for an offense arising out of the same series of acts.
E. For the purposes of this section, prior convictions for misdemeanor domestic
violence offenses apply only to convictions for offenses that were committed on or
after January 1, 1999.
F. Aggravated domestic violence is a class 5 felony.
G. For the purposes of this section, "domestic violence offense" means an
offense involving domestic violence as defined in section 13-3601.
13-3601 Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice
A. "Domestic violence" means any act which is a dangerous crime against children as
defined in section 13-604.01 or an offense defined in section 13-1201 through 13-1204,
13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section
13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921,
13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:
1. The relationship between the victim and the defendant is one of marriage or
former marriage or of persons residing or having resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant's spouse by blood or
court order as a parent, grandparent, child, grandchild, brother or sister or by marriage
as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild,
step-grandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same household as the
defendant and is related by blood to a former spouse of the defendant or to a person who
resides or who has resided in the same household as the defendant.
B. A peace officer may, with or without a warrant, arrest a person if the officer
has probable cause to believe that domestic violence has been committed and the officer
has probable cause to believe that the person to be arrested has committed the offense,
whether such offense is a felony or a misdemeanor and whether such offense was committed
within or without the presence of the peace officer. In cases of domestic violence
involving the infliction of physical injury or involving the discharge, use or
threatening exhibition of a deadly weapon or dangerous instrument, the peace officer
shall arrest a person, with or without a warrant, if the officer has probable cause to
believe that the offense has been committed and the officer has probable cause to believe
that the person to be arrested has committed the offense, whether such offense was
committed within or without the presence of the peace officer, unless the officer has
reasonable grounds to believe that the circumstances at the time are such that the victim
will be protected from further injury. Failure to make an arrest does not give rise to
civil liability except pursuant to section 12-820.02. In order to arrest both parties,
the peace officer shall have probable cause to believe that both parties independently
have committed an act of domestic violence. An act of self-defense that is justified
under chapter 4 of this title is not deemed to be an act of domestic violence. The
release procedures available under section 13-3883, subsection A, paragraph 4 and section
13-3903 are not applicable to arrests made pursuant to this subsection.
C. A peace officer may question the persons who are present to determine if a
firearm is present on the premises. On learning or observing that a firearm is present
on the premises, the peace officer may temporarily seize the firearm if the firearm is in
plain view or was found pursuant to a consent to search and if the officer reasonably
believes that the firearm would expose the victim or another person in the household to a
risk of serious bodily injury or death. A firearm that is owned or possessed by the
victim shall not be seized unless there is probable cause to believe that both parties
independently have committed an act of domestic violence.
D. If a firearm is seized pursuant to subsection C of this section, the peace
officer shall give the owner or possessor of the firearm a receipt for each seized
firearm. The receipt shall indicate the identification or serial number or other
identifying characteristic of each seized firearm. Each seized firearm shall be held for
at least seventy-two hours by the law enforcement agency that seized the firearm.
E. If a firearm is seized pursuant to subsection C of this section, the victim
shall be notified by a peace officer before the firearm is released from temporary
custody.
F. If there is reasonable cause to believe that returning a firearm to the owner or
possessor may endanger the victim, the person who reported the assault or threat or
another person in the household, the prosecutor shall file a notice of intent to retain
the firearm in the appropriate superior, justice or municipal court. The prosecutor
shall serve notice on the owner or possessor of the firearm by certified mail. The
notice shall state that the firearm will be retained for not more than six months
following the date of seizure. On receipt of the notice, the owner or possessor may
request a hearing for the return of the firearm, to dispute the grounds for seizure or to
request an earlier return date. The court shall hold the hearing within ten days after
receiving the owner's or possessor's request for a hearing. At the hearing, unless the
court determines that the return of the firearm may endanger the victim, the person who
reported the assault or threat or another person in the household, the court shall order
the return of the firearm to the owner or possessor.
G. A peace officer is not liable for any act or omission in the good faith exercise
of the officer's duties under subsections C, D, E and F of this section.
H. Each indictment, information, complaint, summons or warrant that is issued and
that involves domestic violence shall state that the offense involved domestic violence
and shall be designated by the letters DV. A domestic violence charge shall not be
dismissed or a domestic violence conviction shall not be set aside for failure to comply
with this subsection.
I. A person who is arrested pursuant to subsection B of this section may be
released from custody in accordance with the ARIZONA rules of criminal procedure or any
other applicable statute. Any order for release, with or without an appearance bond,
shall include pretrial release conditions that are necessary to provide for the
protection of the alleged victim and other specifically designated persons and may
provide for additional conditions that the court deems appropriate, including
participation in any counseling programs available to the defendant.
J. When a peace officer responds to a call alleging that domestic violence has been
or may be committed, the officer shall inform in writing any alleged or potential victim
of the procedures and resources available for the protection of such victim including:
1. An order of protection pursuant to section 13-3602, an injunction pursuant to
section 25-315 and an injunction against harassment pursuant to section 12-1809.
2. The emergency telephone number for the local police agency.
3. Telephone numbers for emergency services in the local community.
K. A peace officer is not civilly liable for noncompliance with subsection J of
this section.
L. An offense that is included in domestic violence carries the classification
prescribed in the section of this title in which the offense is classified. If the
defendant committed a felony offense listed in subsection A of this section against a
pregnant victim and knew that the victim was pregnant or if the defendant committed a
felony offense causing physical injury to a pregnant victim and knew that the victim was
pregnant, the maximum sentence otherwise authorized shall be increased by up to two
years.
M. If the defendant is found guilty of a first offense included in domestic
violence, the court shall provide the following written notice to the defendant:
You have been convicted of an offense included in domestic violence. You
are now on notice that:
1. If you are convicted of a second offense included in domestic
violence, you may be placed on supervised probation and may be incarcerated as
a condition of probation.
2. A third or subsequent charge may be filed as a felony and a
conviction for that offense shall result in a term of incarceration.
N. The failure or inability of the court to provide the notice required under
subsection M of this section does not preclude the use of the prior convictions for any
purpose otherwise permitted.
13-3602 Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction
A. A person may file a verified petition, as in civil actions, with a magistrate,
justice of the peace or superior court judge for an order of protection for the purpose
of restraining a person from committing an act included in domestic violence. If the
person is a minor, the parent, legal guardian or person who has legal custody of the
minor shall file the petition unless the court determines otherwise. The petition shall
name the parent, guardian or custodian as the plaintiff and the minor is a specifically
designated person for the purposes of subsection G of this section. If a person is either
temporarily or permanently unable to request an order, a third party may request an order
of protection on behalf of the plaintiff. After the request, the judicial officer shall
determine if the third party is an appropriate requesting party for the plaintiff. For
the purposes of this section, notwithstanding the location of the plaintiff or defendant,
any court in this state may issue or enforce an order of protection.
B. An order of protection shall not be granted:
1. Unless the party who requests the order files a written verified petition for an
order.
2. Against a person who is less than twelve years of age unless the order is
granted by the juvenile division of the superior court.
3. Against more than one defendant.
C. The petition shall state the:
1. Name of the plaintiff. The plaintiff's address shall be disclosed to the court
for purposes of service. If the address of the plaintiff is unknown to the defendant, the
plaintiff may request that the address be protected. On the plaintiff's request, the
address shall not be listed on the petition. Whether the court issues an order of
protection, the protected address shall be maintained in a separate document or automated
database and is not subject to release or disclosure by the court or any form of public
access except as ordered by the court.
2. Name and address, if known, of the defendant.
3. Specific statement, including dates, of the domestic violence alleged.
4. Relationship between the parties pursuant to section 13-3601, subsection A and
whether there is pending between the parties an action for maternity or paternity,
annulment, legal separation or dissolution of marriage.
5. Name of the court in which any prior or pending proceeding or order was sought
or issued concerning the conduct that is sought to be restrained.
6. Desired relief.
D. A fee shall not be charged for filing a petition under this section or for
service of process. On request of the plaintiff, each order of protection that is issued
by a municipal court shall be served by the police agency for that city if the defendant
can be served within the city. If the defendant cannot be served within the city, the
police agency in the city in which the defendant can be served shall serve the order. If
the order cannot be served within a city, the sheriff shall serve the order. On request
of the plaintiff, each order of protection that is issued by a justice of the peace shall
be served by the constable or sheriff for that jurisdiction if the defendant can be
served within the jurisdiction. If the defendant cannot be served within that
jurisdiction, the constable or sheriff in the jurisdiction in which the defendant can be
served shall serve the order. On request of the plaintiff, each order of protection that
is issued by a superior court judge or commissioner shall be served by the sheriff of the
county. If the defendant cannot be served within that jurisdiction, the sheriff in the
jurisdiction in which the defendant can be served shall serve the order. Each court shall
provide, without charge, forms for purposes of this section for assisting parties without
counsel. The court shall make reasonable efforts to provide to both parties an
appropriate information sheet on emergency and counseling services that are available in
the local area.
E. The court shall review the petition, any other pleadings on file and any
evidence offered by the plaintiff to determine whether the orders requested should issue
without further hearing. The court shall issue an order of protection under subsection G
of this section if the court determines that there is reasonable cause to believe any of
the following:
1. The defendant may commit an act of domestic violence.
2. The defendant has committed an act of domestic violence within the past year or
within a longer period of time if the court finds that good cause exists to consider a
longer period.
F. For purposes of determining the period of time under subsection E, paragraph 2
of this section, any time that the defendant has been incarcerated or out of this state
shall not be counted. If the court denies the requested relief, it may schedule a further
hearing within ten days, with reasonable notice to the defendant.
G. If a court issues an order of protection, the court may do any of the following:
1. Enjoin the defendant from committing a violation of one or more of the offenses
included in domestic violence.
2. Grant one party the use and exclusive possession of the parties' residence on a
showing that there is reasonable cause to believe that physical harm may otherwise
result. If the other party is accompanied by a law enforcement officer, the other party
may return to the residence on one occasion to retrieve belongings. A law enforcement
officer is not liable for any act or omission in the good faith exercise of the officer's
duties under this paragraph.
3. Restrain the defendant from contacting the plaintiff or other specifically
designated persons and from coming near the residence, place of employment or school of
the plaintiff or other specifically designated locations or persons on a showing that
there is reasonable cause to believe that physical harm may otherwise result.
4. If the court finds that the defendant is a credible threat to the physical
safety of the plaintiff or other specifically designated persons, prohibit the defendant
from possessing or purchasing a firearm for the duration of the order. If the court
prohibits the defendant from possessing a firearm, the court shall also order the
defendant to transfer any firearm owned or possessed by the defendant immediately after
service of the order to the appropriate law enforcement agency for the duration of the
order. If the defendant does not immediately transfer the firearm, the defendant shall
transfer the firearm within twenty-four hours after service of the order.
5. If the order was issued after notice and a hearing at which the defendant had an
opportunity to participate, require the defendant to complete a domestic violence
offender treatment program that is provided by a facility approved by the department of
health services or a probation department or any other program deemed appropriate by the
court.
6. Grant relief that is necessary for the protection of the alleged victim and
other specifically designated persons and that is proper under the circumstances.
H. The court shall not grant a mutual order of protection. If opposing parties
separately file verified petitions for an order of protection, the courts after
consultation between the judges involved may consolidate the petitions of the opposing
parties for hearing. This does not prohibit a court from issuing cross orders of
protection.
I. At any time during the period during which the order is in effect, a party under
an order of protection or restrained from contacting the other party is entitled to one
hearing on written request. No fee may be charged for requesting a hearing. A hearing
that is requested by a party who is under an order of protection or who is restrained
from contacting the other party shall be held within ten days from the date requested
unless the court finds good cause to continue the hearing. If exclusive use of the home
is awarded, the hearing shall be held within five days from the date requested. The
hearing shall be held at the earliest possible time. An ex parte order that is issued
under this section shall state on its face that the defendant is entitled to a hearing on
written request and shall include the name and address of the judicial office where the
request may be filed. After the hearing, the court may modify, quash or continue the
order.
J. The order shall include the following statement:
Warning
This is an official court order. If you disobey this order, you may be
arrested and prosecuted for the crime of interfering with judicial proceedings
and any other crime you may have committed in disobeying this order.
K. A copy of the petition and the order shall be served on the defendant within one
year from the date the order is signed. An order of protection that is not served on the
defendant within one year expires. An order is effective on the defendant on service of a
copy of the order and petition. An order expires one year after service on the defendant.
A modified order is effective upon service and expires one year after service of the
initial order and petition.
L. Each affidavit, acceptance or return of service shall be promptly filed with the
clerk of the issuing court. This filing shall be completed in person, shall be made by
fax or shall be postmarked, if sent by mail, no later than the end of the seventh court
business day after the date of service. If the filing is made by fax, the original
affidavit, acceptance or return of service shall be promptly filed with the court.
Within twenty-four hours after the affidavit, acceptance or return of service has been
filed, excluding weekends and holidays, the court from which the order or any modified
order was issued shall forward to the sheriff of the county in which the court is located
a copy of the order of protection and a copy of the affidavit or certificate of service
of process or acceptance of service. On receiving these copies, the sheriff shall
register the order. Registration of an order means that a copy of the order of protection
and a copy of the affidavit or acceptance of service have been received by the sheriff's
office. The sheriff shall maintain a central repository for orders of protection so that
the existence and validity of the orders can be easily verified. The effectiveness of an
order does not depend on its registration, and for enforcement purposes pursuant to
section 13-2810, a copy of an order of the court, whether or not registered, is presumed
to be a valid existing order of the court for a period of one year from the date of
service of the order on the defendant.
M. A peace officer, with or without a warrant, may arrest a person if the peace
officer has probable cause to believe that the person has violated section 13-2810 by
disobeying or resisting an order that is issued in any jurisdiction in this state
pursuant to this section, whether or not such violation occurred in the presence of the
officer. Criminal violations of an order issued pursuant to this section shall be
referred to an appropriate law enforcement agency. The law enforcement agency shall
request that a prosecutorial agency file the appropriate charges. A violation of an order
of protection shall not be adjudicated by a municipal or justice court unless a complaint
has been filed or other legal process has been requested by the prosecuting agency. The
provisions for release under section 13-3883, subsection A, paragraph 4 and section
13-3903 do not apply to an arrest made pursuant to this section. For purposes of this
section, any court in this state has jurisdiction to enforce a valid order of protection
that is issued in this state and that has been violated in any jurisdiction in this
state.
N. A person who is arrested pursuant to subsection M of this section may be
released from custody in accordance with the ARIZONA rules of criminal procedure or any
other applicable statute. An order for release, with or without an appearance bond, shall
include pretrial release conditions that are necessary to provide for the protection of
the alleged victim and other specifically designated persons and may provide for any
other additional conditions that the court deems appropriate, including participation in
any counseling programs available to the defendant.
O. The remedies provided in this section for enforcement of the orders of the court
are in addition to any other civil and criminal remedies available. The superior court
shall have exclusive jurisdiction to issue orders of protection in all cases if it
appears from the petition that an action for maternity or paternity, annulment, legal
separation or dissolution of marriage is pending between the parties. A municipal court
or justice court shall not issue an order of protection if it appears from the petition
that an action for maternity or paternity, annulment, legal separation or dissolution of
marriage is pending between the parties. After issuance of an order of protection, if the
municipal court or justice court determines that an action for maternity or paternity,
annulment, legal separation or dissolution of marriage is pending between the parties,
the municipal court or justice court shall stop further proceedings in the action and
forward all papers, together with a certified copy of docket entries or any other record
in the action, to the superior court where they shall be docketed in the pending superior
court action and shall proceed as though the petition for an order of protection had been
originally brought in the superior court. Notwithstanding any other law and unless
prohibited by an order of the superior court, a municipal court or justice court may hold
a hearing on all matters relating to its ex parte order of protection if the hearing was
requested before receiving written notice of the pending superior court action. No order
of protection shall be invalid or determined to be ineffective merely because it was
issued by a lower court at a time when an action for maternity or paternity, annulment,
legal separation or dissolution of marriage was pending in a higher court. After a
hearing with notice to the affected party, the court may enter an order requiring any
party to pay the costs of the action, including reasonable attorney fees, if any. An
order that is entered by a justice court or municipal court after a hearing pursuant to
this section may be appealed to the superior court as provided in title 22, chapter 2,
article 4, section 22-425, subsection B and the superior court rules of civil appellate
procedure without regard to an amount in controversy. No fee may be charged to either
party for filing an appeal. For the purposes of this subsection, "pending" means, with
respect to an action for annulment, legal separation or dissolution of marriage or for
maternity or paternity, either that:
1. An action has been commenced but a final judgment, decree or order has not been
entered.
2. A post-decree proceeding has been commenced but a judgment, decree or order
finally determining the proceeding has not been entered.
P. A peace officer who makes an arrest pursuant to this section or section 13-3601
is not civilly or criminally liable for the arrest if the officer acts on probable cause
and without malice.
Q. In addition to persons authorized to serve process pursuant to rule 4(d) of the
ARIZONA rules of civil procedure, a peace officer or a correctional officer as defined in
section 41-1661 who is acting in the officer's official capacity may serve an order of
protection that is issued pursuant to this section. Service of the order of protection
has priority over other service of process that does not involve an immediate threat to
the safety of a person.
R. A valid protection order that is related to domestic or family violence and that
is issued by a court in another state, a court of a United States territory or a tribal
court shall be accorded full faith and credit and shall be enforced as if it were issued
in this state for as long as the order is effective in the issuing jurisdiction. For the
purposes of this subsection:
1. A protection order includes any injunction or other order that is issued for the
purpose of preventing violent or threatening acts or harassment against, contact or
communication with or physical proximity to another person. A protection order includes
temporary and final orders other than support or child custody orders that are issued by
civil and criminal courts if the order is obtained by the filing of an independent action
or is a pendente lite order in another proceeding. The civil order shall be issued in
response to a complaint, petition or motion that was filed by or on behalf of a person
seeking protection.
2. A protection order is valid if the issuing court had jurisdiction over the
parties and the matter under the laws of the issuing state, a United States territory or
an Indian tribe and the person against whom the order was issued had reasonable notice
and an opportunity to be heard. If the order is issued ex parte, the notice and
opportunity to be heard shall be provided within the time required by the laws of the
issuing state, a United States territory or an Indian tribe and within a reasonable time
after the order was issued.
3. A mutual protection order that is issued against both the party who filed a
petition or a complaint or otherwise filed a written pleading for protection against
abuse and the person against whom the filing was made is not entitled to full faith and
credit if either:
(a) The person against whom an initial order was sought has not filed a cross or
counter petition or other written pleading seeking a protection order.
(b) The issuing court failed to make specific findings supporting the entitlement
of both parties to be granted a protection order.
4. A peace officer may presume the validity of and rely on a copy of a protection
order that is issued by another state, a United States territory or an Indian tribe if
the order was given to the officer by any source. A peace officer may also rely on the
statement of any person who is protected by the order that the order remains in effect.
A peace officer who acts in good faith reliance on a protection order is not civilly or
criminally liable for enforcing the protection order pursuant to this section. 13-3603.01 Partial-birth abortions; classification; civil action; definitions
A. A person who knowingly performs a partial-birth abortion and who kills a human
fetus is guilty of a class 6 felony.
B. This section does not apply to a partial-birth abortion that is necessary to
save the life of a mother whose life is endangered by a physical disorder, illness or
injury if no other medical procedure would save the mother's life.
C. The father of the fetus if married to the mother at the time she receives a
partial-birth abortion and the maternal grandparents of the fetus if the mother is not at
least eighteen years of age at the time of the partial-birth abortion may bring a civil
action to obtain appropriate relief unless the pregnancy resulted from the plaintiff's
criminal conduct or the plaintiff consented to the partial-birth abortion. Relief
pursuant to this subsection includes the following:
1. Monetary damages for all injuries resulting from the partial-birth abortion,
including psychological and physical damages.
2. Damages in an amount equal to three times the cost of the partial-birth
abortion.
D. This section does not subject a woman upon whom a partial-birth abortion is
performed to criminal prosecution or civil liability under this section.
E. For the purposes of this section:
1. "Partial-birth abortion" means an abortion in which the person performing the
abortion partially vaginally delivers a living fetus before killing the fetus and
completing the delivery.
2. "Person" includes a physician who is licensed pursuant to title 32, chapter 13
or 17, a person who is legally authorized by this state to perform abortions or a person
who is not legally authorized by this state to perform abortions but who directly
performs a partial-birth abortion.
13-3603 Definition; punishment
A person who provides, supplies or administers to a pregnant woman, or procures such
woman to take any medicine, drugs or substance, or uses or employs any instrument or
other means whatever, with intent thereby to procure the miscarriage of such woman,
unless it is necessary to save her life, shall be punished by imprisonment in the state
prison for not less than two years nor more than five years.
13-3604 Soliciting abortion; punishment; exception
A woman who solicits from any person any medicine, drug or substance whatever, and
takes it, or who submits to an operation, or to the use of any means whatever, with
intent thereby to procure a miscarriage, unless it is necessary to preserve her life,
shall be punished by imprisonment in the state prison for not less than one nor more than
five years.
13-3605 Advertising to produce abortion or prevent conception; punishment
A person who wilfully writes, composes or publishes a notice or advertisement of any
medicine or means for producing or facilitating a miscarriage or abortion, or for
prevention of conception, or who offers his services by a notice, advertisement or
otherwise, to assist in the accomplishment of any such purposes, is guilty of a
misdemeanor.
13-3606 Bigamy; classification; exception
A. A person having a spouse living who knowingly marries any other person is guilty
of a class 5 felony.
B. Subsection A of this section does not extend to a person whose spouse by the
former marriage has been absent for five successive years without being known to such
person within that time to be living, nor to any person whose former marriage has been
pronounced void, annulled or dissolved by judgment of a competent court.
13-3607 Marrying spouse of another; classification
A person who knowingly marries the spouse of another, in any case in which such
spouse would be guilty of bigamy, is guilty of a class 5 felony.
13-3608 Incest; classification
Persons who are eighteen or more years of age and are within the degrees of
consanguinity within which marriages are declared by law to be incestuous and void, who
knowingly intermarry with each other, or who knowingly commit fornication or adultery
with each other are guilty of a class 4 felony.
13-3609 Child bigamy; classification; definitions
A. A person commits child bigamy if the person knowingly does any of the following:
1. Is at least eighteen years of age, has a spouse and marries a child.
2. Is at least eighteen years of age and, either alone or in association with
others, directs, causes or controls the marriage of a child to a person who already has a
spouse.
3. Is at least eighteen years of age and, either alone or in association with
others, directs, causes or controls the marriage of a child if the child already has a
spouse.
4. Is at least eighteen years of age and marries a child if the child already has a
spouse.
5. Transports or finances the transportation of a child to promote marriage between
the child and a person who already has a spouse.
6. Transports or finances the transportation of a child who already has a spouse to
promote marriage between the child and another person.
B. This section does not apply if a person who marries a child:
1. Has a spouse who has been absent for at least five successive years without
being known to the person within that time to be living.
2. Has a former marriage that has been pronounced void, annulled or dissolved by
judgment of a competent court.
C. A violation of this section is a class 3 felony.
D. For the purposes of this section:
1. "Marriage" means the state of joining together as husband and wife through an
agreement, promise or ceremony regardless of whether a marriage license has been issued
by the appropriate authority.
2. "Marry" means to join together as husband and wife through an agreement, promise
or ceremony regardless of whether a marriage license has been issued by the appropriate
authority.
3. "Spouses" means two persons living together as husband and wife, including the
assumption of those marital rights, duties and obligations that are usually manifested by
married people, including but not necessarily dependent on sexual relations.
13-3610 Abandonment of spouse; classification
A married person, having sufficient ability to provide for his or her spouse's
support or who is able to earn the means of such spouse's support, who knowingly abandons
and leaves such spouse in a destitute condition, is guilty of a class 6 felony.
13-3611 Refusal or neglect to provide for spouse; classification
A married person, having sufficient ability to provide for his or her spouse's
support or who is able to earn the means of such spouse's support, who knowingly fails or
refuses to provide the spouse with necessary food, clothing, shelter or medical
attendance, unless by such spouse's misconduct he or she was justified in so doing, is
guilty of a class 6 felony.
13-3612 Definitions; contributing to dependency or delinquency
For the purposes of sections 13-3613 through 13-3618, unless the context otherwise
requires:
1. "Delinquency" means any act which tends to debase or injure the morals, health
or welfare of a child.
2. "Delinquent person" includes any person under the age of eighteen years who
violates a law of this state, or an ordinance of a county, city or town defining crime.
3. "Dependent person" means a person under the age of eighteen years:
(a) Who is found begging, receiving or gathering alms, whether actually begging or
under the pretext of selling or offering anything for sale.
(b) Who is found in a street, road or public place with the intent of begging,
gathering or receiving alms.
(c) Who is a vagrant.
(d) Who is found wandering and not having a home, or a settled place of abode, or a
guardian or any visible means of subsistence.
(e) Who has no parent or guardian willing to exercise, or capable of exercising,
proper parental control over him.
(f) Who is destitute.
(g) Whose home, by reason of neglect, cruelty or depravity of his parents, or
either of them, or on the part of his guardian, or on the part of the person in whose
custody or care he may be, is an unfit place for such person.
(h) Who frequents the company of reputed criminals, vagrants or prostitutes.
(i) Who is found living or being in a house of prostitution or assignation.
(j) Who habitually visits, without parent or guardian, a saloon, or place where
spirituous, vinous or malt liquors are sold, bartered or given away.
(k) Who persistently refuses to obey the reasonable orders or directions of his
parent or guardian.
(l) Who is incorrigible, that is, beyond the control and power of his parents,
guardian or custodian by reason of the vicious conduct or nature of the person.
(m) Whose father or mother is dead, or has abandoned the family, or is an habitual
drunkard, or whose father or mother does not provide for such person, and it appears that
such person is destitute of a suitable home or adequate means of obtaining an honest
living, or who is in danger of being brought up to lead an idle, dissolute and immoral
life, or when both parents are dead, or the mother or father, if living, is unable to
provide proper support and care of such person.
(n) Who, habitually uses intoxicating liquor as a beverage, or habitually smokes
cigarettes, or uses opium, cocaine, morphine or other similar drugs without direction of
a competent physician.
(o) Who from any cause is in danger of growing up to lead an idle, dissolute or
immoral life.
13-3613 Contributing to delinquency and dependency; classification; procedure
A. A person who by any act, causes, encourages or contributes to the dependency or
delinquency of a child, as defined by section 13-3612, or who for any cause is
responsible therefor is guilty of a class 1 misdemeanor.
B. The procedure and prosecution shall be the same as in other criminal cases.
C. When the charge concerns the dependency of a child or children, the offense for
convenience may be termed contributory dependency, and when the charge concerns the
delinquency of a child or children, the offense for convenience may be termed
contributory delinquency.
13-3614 Proof of guilt
In order to find a person guilty of violating the provisions of section 13-3613, it
is not necessary to prove that the child has actually become dependent or delinquent, if
it appears from the evidence that through any act of neglect or omission of duty, or by
any improper act or conduct on the part of such person the dependency or delinquency of a
child may have been caused or merely encouraged.
13-3615 Suspension of sentence upon posting bond; custody of child; revocation of suspension
A. The sentence which may be imposed by section 13-3613, or its execution, may be
suspended by the court upon condition that defendant give a good and sufficient bond to
the state in such penal sum as the court determines, not exceeding one thousand dollars,
conditioned for the payment of an amount the court may order, not exceeding thirty
dollars per month, for the support, care and maintenance of the child to whose dependency
the person has contributed, and the money shall be expended under direction of the court
for such purposes.
B. In suspending the sentence, or its execution, the court may also permit the
child to remain in the custody of the defendant upon conditions as the court deems
proper.
C. When it appears to the court that any condition contained in the bond or imposed
by the court in permitting the child to remain in custody of defendant has been breached,
the court may revoke the suspension, and the sentence thereunder shall commence from the
date upon which the sentence is imposed or ordered to be enforced.
13-3616 Conditions of bond; forfeiture; disposition of proceeds recovered
A. A condition of the bond provided in section 13-3615, shall be that it shall not
be necessary to bring a separate action to recover the penalty of such bond if forfeited,
but that the court may order a citation to issue to the sureties thereon, requiring that
they appear at a time named by the court, not less than ten nor more than twenty days
from issuance thereof, and show cause why a judgment should not be entered for the
penalty of the bond. Upon failure to appear or failure to show sufficient cause, the
court shall enter judgment in behalf of the state against the principal and sureties.
B. Any monies collected or paid upon the bond shall be paid to the clerk of the
court, and applied first to the payment of all court costs, and then to the care and
maintenance of the child in such manner and upon such terms as the court may direct. If
the money is unnecessary for such purposes, it shall be paid within one year to the
county treasurer.
13-3617 Limitation on period of suspension or stay; discharge of defendant
Sentence shall not be suspended, or execution stayed, for more than two years, and
if at any time within such period, it appears to the satisfaction of the court that the
person has complied with the conditions of the suspension, or is for any cause entitled
to be released, the court may discharge him and exonerate the bond.
13-3618 Construction and effect of chapter
A. The provisions of sections 13-3612 through 13-3618 shall be liberally construed
in favor of the state for the protection of the child from neglect or omission of
parental duty toward the child, and also to protect children of the state from the
effects of the improper conduct, acts or bad example of any person which may be
calculated to cause, encourage or contribute to, the dependency or delinquency of
children, although such person is in no way related to the child.
B. Nothing in sections 13-3612 through 13-3618 shall be construed to be in conflict
with, repeal or prevent proceedings under any law of this state which may otherwise
define any specific conduct of a person as a crime which might also constitute
contributory dependency, or to prevent or interfere with proceedings upon any such law.
C. The provisions of sections 13-3612 through 13-3618 shall not be construed to be
inconsistent with or to repeal any law providing for the support by the parent or parents
of their minor children, or any law providing for punishment of cruelty to children, or
taking of indecent liberties with, or selling liquor, tobacco or firearms to children, or
permitting them to be in evil or disreputable places, and nothing in any such laws or
similar laws shall be construed to be inconsistent with or to repeal the provisions of
this chapter relating to contributing to the dependency or delinquency of a child, or
prevent proceedings under this chapter.
13-3619 Permitting life, health or morals of minor to be imperiled by neglect, abuse or immoral associations; classification
A person having custody of a minor under sixteen years of age who knowingly causes
or permits the life of such minor to be endangered, its health to be injured or its moral
welfare to be imperiled, by neglect, abuse or immoral associations, is guilty of a class
1 misdemeanor.
13-3620.01 False reports; violation; classification
A. A person acting with malice who knowingly and intentionally makes a false report
of child abuse or neglect or a person acting with malice who coerces another person to
make a false report of child abuse or neglect is guilty of a class 1 misdemeanor.
B. A person who knowingly and intentionally makes a false report that a person has
violated the provisions of subsection A of this section is guilty of a class 1
misdemeanor.
13-3620 Duty to report abuse, physical injury, neglect and denial or deprivation of medical or surgical care or nourishment of minors; medical records; exception; violation; classification; definitions
A. Any person who reasonably believes that a minor is or has been the victim of
physical injury, abuse, child abuse, a reportable offense or neglect that appears to have
been inflicted on the minor by other than accidental means or that is not explained by
the available medical history as being accidental in nature or who reasonably believes
there has been a denial or deprivation of necessary medical treatment or surgical care or
nourishment with the intent to cause or allow the death of an infant who is protected
under section 36-2281 shall immediately report or cause reports to be made of this
information to a peace officer or to child protective services in the department of
economic security, except if the report concerns a person who does not have care, custody
or control of the minor, the report shall be made to a peace officer only. A member of
the clergy, christian science practitioner or priest who has received a confidential
communication or a confession in that person's role as a member of the clergy, christian
science practitioner or a priest in the course of the discipline enjoined by the church
to which the member of the clergy, christian science practitioner or priest belongs may
withhold reporting of the communication or confession if the member of the clergy,
christian science practitioner or priest determines that it is reasonable and necessary
within the concepts of the religion. This exemption applies only to the communication or
confession and not to personal observations the member of the clergy, christian science
practitioner or priest may otherwise make of the minor. For the purposes of this
subsection, "person" means:
1. Any physician, physician's assistant, optometrist, dentist, osteopath,
chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor
or social worker who develops the reasonable belief in the course of treating a patient.
2. Any peace officer, member of the clergy, priest or christian science
practitioner.
3. The parent, stepparent or guardian of the minor.
4. School personnel or domestic violence victim advocate who develop the reasonable
belief in the course of their employment.
5. Any other person who has responsibility for the care or treatment of the minor.
B. A report is not required under this section for conduct prescribed by sections
13-1404 and 13-1405 if the conduct involves only minors who are fourteen, fifteen,
sixteen or seventeen years of age and there is nothing to indicate that the conduct is
other than consensual.
C. If a physician, psychologist or behavioral health professional receives a
statement from a person other than a parent, stepparent, guardian or custodian of the
minor during the course of providing sex offender treatment that is not court ordered or
that does not occur while the offender is incarcerated in the state department of
corrections or the department of juvenile corrections, the physician, psychologist or
behavioral health professional may withhold the reporting of that statement if the
physician, psychologist or behavioral health professional determines it is reasonable and
necessary to accomplish the purposes of the treatment.
D. Reports shall be made immediately by telephone or in person and shall be
followed by a written report within seventy-two hours. The reports shall contain:
1. The names and addresses of the minor and the minor's parents or the person or
persons having custody of the minor, if known.
2. The minor's age and the nature and extent of the minor's abuse, child abuse,
physical injury or neglect, including any evidence of previous abuse, child abuse,
physical injury or neglect.
3. Any other information that the person believes might be helpful in establishing
the cause of the abuse, child abuse, physical injury or neglect.
E. A health care professional who is regulated pursuant to title 32 and who, after
a routine newborn physical assessment of a newborn infant's health status or following
notification of positive toxicology screens of a newborn infant, reasonably believes that
the newborn infant may be affected by the presence of alcohol or a drug listed in section
13-3401 shall immediately report this information, or cause a report to be made, to child
protective services in the department of economic security. For the purposes of this
subsection, "newborn infant" means a newborn infant who is under thirty days of age.
F. Any person other than one required to report or cause reports to be made under
subsection A of this section who reasonably believes that a minor is or has been a victim
of abuse, child abuse, physical injury, a reportable offense or neglect may report the
information to a peace officer or to child protective services in the department of
economic security, except if the report concerns a person who does not have care, custody
or control of the minor, the report shall be made to a peace officer only.
G. A person who has custody or control of medical records of a minor for whom a
report is required or authorized under this section shall make the records, or a copy of
the records, available to a peace officer or child protective services worker
investigating the minor's neglect, child abuse, physical injury or abuse on written
request for the records signed by the peace officer or child protective services
worker. Records disclosed pursuant to this subsection are confidential and may be used
only in a judicial or administrative proceeding or investigation resulting from a report
required or authorized under this section.
H. When telephone or in-person reports are received by a peace officer, the officer
shall immediately notify child protective services in the department of economic security
and make the information available to them. Notwithstanding any other statute, when child
protective services receives these reports by telephone or in person, it shall
immediately notify a peace officer in the appropriate jurisdiction.
I. Any person who is required to receive reports pursuant to subsection A of this
section may take or cause to be taken photographs of the minor and the vicinity
involved. Medical examinations of the involved minor may be performed.
J. A person who furnishes a report, information or records required or authorized
under this section, or a person who participates in a judicial or administrative
proceeding or investigation resulting from a report, information or records required or
authorized under this section, is immune from any civil or criminal liability by reason
of that action unless the person acted with malice or unless the person has been charged
with or is suspected of abusing or neglecting the child or children in question.
K. Except for the attorney client privilege or the privilege under subsection L of
this section, no privilege applies to any:
1. Civil or criminal litigation or administrative proceeding in which a minor's
neglect, dependency, abuse, child abuse, physical injury or abandonment is an issue.
2. Judicial or administrative proceeding resulting from a report, information or
records submitted pursuant to this section.
3. Investigation of a minor's child abuse, physical injury, neglect or abuse
conducted by a peace officer or child protective services in the department of economic
security.
L. In any civil or criminal litigation in which a child's neglect, dependency,
physical injury, abuse, child abuse or abandonment is an issue, a member of the clergy, a
christian science practitioner or a priest shall not, without his consent, be examined as
a witness concerning any confession made to him in his role as a member of the clergy, a
christian science practitioner or a priest in the course of the discipline enjoined by
the church to which he belongs. Nothing in this subsection discharges a member of the
clergy, a christian science practitioner or a priest from the duty to report pursuant to
subsection A of this section.
M. If psychiatric records are requested pursuant to subsection G of this section,
the custodian of the records shall notify the attending psychiatrist, who may excise from
the records, before they are made available:
1. Personal information about individuals other than the patient.
2. Information regarding specific diagnosis or treatment of a psychiatric
condition, if the attending psychiatrist certifies in writing that release of the
information would be detrimental to the patient's health or treatment.
N. If any portion of a psychiatric record is excised pursuant to subsection M of
this section, a court, upon application of a peace officer or child protective services
worker, may order that the entire record or any portion of the record that contains
information relevant to the reported abuse, child abuse, physical injury or neglect be
made available to the peace officer or child protective services worker investigating the
abuse, child abuse, physical injury or neglect.
O. A person who violates this section is guilty of a class 1 misdemeanor, except if
the failure to report involves a reportable offense, the person is guilty of a class 6
felony.
P. For the purposes of this section:
1. "Abuse" has the same meaning prescribed in section 8-201.
2. "Child abuse" means child abuse pursuant to section 13-3623.
3. "Neglect" has the same meaning prescribed in section 8-201.
4. "Reportable offense" means any of the following:
(a) Any offense listed in chapters 14 and 35.1 of this title or section 13-3506.01.
(b) Surreptitious photographing, videotaping, filming or digitally recording of a
minor pursuant to section 13-3019.
(c) Child prostitution pursuant to section 13-3212.
(d) Incest pursuant to section 13-3608. 13-3621 Hire or use of child under sixteen for public vocation; classification
A person having in his care, custody or control, in any capacity, a child under the
age of sixteen years, who knowingly sells, apprentices or otherwise disposes of such
child to any person under any name, title or pretense for the purpose of giving a
performance, begging or peddling, in a public street or highway, or in any mendicant or
wandering business whatsoever, or a person who receives, uses or has in his custody, a
child for such purpose, is guilty of a class 2 misdemeanor.
13-3622 Furnishing of tobacco to minor; minor accepting or receiving tobacco; classification
A person who knowingly sells, gives or furnishes cigars, cigarettes or cigarette
papers, smoking or chewing tobacco, to a minor, and a minor who buys, or has in his
possession or knowingly accepts or receives from any person, cigars, cigarettes or
cigarette papers, smoking or chewing tobacco of any kind, is guilty of a petty offense.
13-3623.01 Safe haven for newborn infants; definitions
A. A person is not guilty of abuse of a child pursuant to section 13-3623,
subsection B solely for leaving an unharmed newborn infant with a safe haven provider.
B. If a parent or agent of a parent voluntarily delivers the parent's newborn
infant to a safe haven provider, the safe haven provider shall take custody of the
newborn infant if both of the following are true:
1. The parent did not express an intent to return for the newborn infant.
2. The safe haven provider reasonably believes that the child is a newborn infant.
C. The safe haven provider shall report receipt of a newborn infant to child
protective services of the department of economic security as soon as practicable after
taking custody of the newborn infant. Child protective services shall include the number
of newborn infants delivered to safe haven providers pursuant to section 8-526.
D. A parent or agent of a parent who leaves a newborn infant with a safe haven
provider may remain anonymous, and the safe haven provider shall not require the parent
or agent to answer any questions. A safe haven provider shall offer written information
about information and referral organizations.
E. A safe haven provider who receives a newborn infant pursuant to this section is
not liable for any civil or other damages for any act or omission by the safe haven
provider in maintaining custody of the newborn infant if the safe haven provider acts in
good faith without gross negligence.
F. This section does not preclude the prosecution of the person for any offense
based on any act not covered by this section.
G. For the purposes of this section:
1. "Newborn infant" means an infant who is seventy-two hours old or younger.
2. "Safe haven provider" means any of the following:
(a) A firefighter who is on duty.
(b) An emergency medical technician who is on duty.
(c) A staff member at a health care institution that is classified by the
department of health services pursuant to section 36-405 as a hospital or an outpatient
treatment center.
(d) A staff member at any of the following that posts a public notice that it is
willing to accept a newborn infant pursuant to this section:
(i) A private child welfare agency licensed pursuant to title 8, chapter 5, article
1.
(ii) An adoption agency licensed pursuant to section 8-126.
(iii) A church. For purposes of this item, "church" means a building that is
erected or converted for use as a church, where services are regularly convened, that is
used primarily for religious worship and schooling and that a reasonable person would
conclude is a church by reason of design, signs or architectural or other features.
13-3623 Child or vulnerable adult abuse; emotional abuse; classification; exception; definitions
A. Under circumstances likely to produce death or serious physical injury, any
person who causes a child or vulnerable adult to suffer physical injury or, having the
care or custody of a child or vulnerable adult, who causes or permits the person or
health of the child or vulnerable adult to be injured or who causes or permits a child or
vulnerable adult to be placed in a situation where the person or health of the child or
vulnerable adult is endangered is guilty of an offense as follows:
1. If done intentionally or knowingly, the offense is a class 2 felony and if the
victim is under fifteen years of age it is punishable pursuant to section 13-604.01.
2. If done recklessly, the offense is a class 3 felony.
3. If done with criminal negligence, the offense is a class 4 felony.
B. Under circumstances other than those likely to produce death or serious physical
injury to a child or vulnerable adult, any person who causes a child or vulnerable adult
to suffer physical injury or abuse or, having the care or custody of a child or
vulnerable adult, who causes or permits the person or health of the child or vulnerable
adult to be injured or who causes or permits a child or vulnerable adult to be placed in
a situation where the person or health of the child or vulnerable adult is endangered is
guilty of an offense as follows:
1. If done intentionally or knowingly, the offense is a class 4 felony.
2. If done recklessly, the offense is a class 5 felony.
3. If done with criminal negligence, the offense is a class 6 felony.
C. For the purposes of subsections A and B of this section, the terms endangered
and abuse include but are not limited to circumstances in which a child or vulnerable
adult is permitted to enter or remain in any structure or vehicle in which volatile,
toxic or flammable chemicals are found or equipment is possessed by any person for the
purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A,
paragraph 4.
D. A person who intentionally or knowingly engages in emotional abuse of a
vulnerable adult who is a patient or resident in any setting in which health care,
health-related services or assistance with one or more of the activities of daily living
is provided or, having the care or custody of a vulnerable adult, who intentionally or
knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is
guilty of a class 6 felony.
E. This section does not apply to:
1. A health care provider as defined in section 36-3201 who permits a patient to
die or the patient's condition to deteriorate by not providing health care if that
patient refuses that care directly or indirectly through a health care directive as
defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a
court appointed guardian as provided for in title 14, chapter 5, article 3.
2. A vulnerable adult who is being furnished spiritual treatment through prayer
alone and who would not otherwise be considered to be abused, neglected or endangered if
medical treatment were being furnished.
F. For the purposes of this section:
1. "Abuse", when used in reference to a child, means abuse as defined in section
8-201, except for those acts in the definition that are declared unlawful by another
statute of this title and, when used in reference to a vulnerable adult, means:
(a) Intentional infliction of physical harm.
(b) Injury caused by criminally negligent acts or omissions.
(c) Unlawful imprisonment, as described in section 13-1303.
(d) Sexual abuse or sexual assault.
2. "Child" means an individual who is under eighteen years of age.
3. "Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult,
making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or
threatening to inflict physical or emotional harm on a vulnerable adult.
4. "Physical injury" means the impairment of physical condition and includes any
skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration,
burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any
internal organ or any physical condition that imperils health or welfare.
5. "Serious physical injury" means physical injury that creates a reasonable risk
of death or that causes serious or permanent disfigurement, serious impairment of health
or loss or protracted impairment of the function of any bodily organ or limb.
6. "Vulnerable adult" means an individual who is eighteen years of age or older and
who is unable to protect himself from abuse, neglect or exploitation by others because of
a mental or physical impairment.
13-3624 Emergency orders of protection
A. In counties with a population of one hundred fifty thousand persons or more
according to the most recent United States decennial census, the presiding judge of the
superior court, during the hours that the courts are closed, shall make available on a
rotating basis a judge, justice of the peace, magistrate or commissioner who shall issue
emergency orders of protection by telephone.
B. In counties with a population of less than one hundred fifty thousand persons
according to the most recent United States decennial census, a judge, justice of the
peace, magistrate or commissioner may issue an emergency order by telephone. The court,
within twenty-four hours after a defendant is arrested for an act of domestic violence,
shall register a certified copy of the release order with the sheriff's office of the
county in which the order was issued. The court shall notify the sheriff's office of
material changes in the release order, if the conditions of the release order are no
longer in effect and when the charges are resolved. The sheriff in each county shall
maintain a central repository for release orders so that the existence and validity of
the orders can be easily verified. The law enforcement agency shall advise domestic
violence victims where the victim may verify the registration and conditions of a release
order.
C. The judge, justice of the peace, magistrate or commissioner who is authorized to
issue emergency orders of protection may issue a written or oral ex parte emergency order
of protection if a peace officer states that the officer has reasonable grounds to
believe that a person is in immediate and present danger of domestic violence based on an
allegation of a recent incident of actual domestic violence.
D. An emergency order of protection may include any of the following:
1. The defendant may be enjoined from committing a violation of one or more of the
offenses included in domestic violence.
2. One party may be granted the use and exclusive possession of the parties'
residence on a showing that there is reasonable cause to believe that physical harm may
otherwise result.
3. The defendant may be restrained from contacting the plaintiff, coming near the
residence, place of employment or school of the plaintiff or other specifically
designated locations or persons on a showing that there is reasonable cause to believe
that physical harm may otherwise result.
4. If the court finds that the defendant may inflict bodily injury or death on the
plaintiff, the defendant may be prohibited from possessing or purchasing a firearm for
the duration of the order.
E. An emergency order of protection expires at the close of the next day of
judicial business following the day of issue unless otherwise continued by the court.
F. A judge, justice of the peace, magistrate or commissioner may issue an oral
emergency order of protection pursuant to subsection C of this section upon request of
the alleged victim, if there is a finding that a person's life or health is in imminent
danger. If a person is either temporarily or permanently unable to request an order, a
third party may request an order of protection on behalf of the plaintiff. After the
request, the judicial officer shall determine if the third party is an appropriate
requesting party for the plaintiff. The officer who receives the verbal order shall
write and sign the order. The emergency order shall be served on the respondent, and a
copy shall be given to the protected party. The emergency order shall be filed as soon as
practicable after its issuance. The officer shall file a certificate of service with the
court and shall verbally notify the sheriff's office that the emergency order of
protection has been issued. If a person who is named in the order and who has not
received personal service of the order but has received actual notice of the existence
and substance of the order commits an act that violates the order, the person is subject
to any penalty for the violation.
G. The availability of an emergency order of protection is not affected by either
party leaving the residence.
H. A law enforcement agency that has jurisdiction to enforce an emergency order of
protection shall enforce the emergency order when it has reasonable cause to believe that
the order has been violated.
I. Failure of a law enforcement agency to enforce an emergency order of protection
pursuant to this section does not give rise to civil liability except pursuant to section
12-820.02.
13-3625 Unlawful sale or purchase of children; classification
A. Except for adoptions pursuant to title 8, chapter 1 and guardianships pursuant
to title 14, chapter 5, a person shall not sell or offer to sell a child for money or
other valuable consideration and shall not purchase or offer to purchase a child in
exchange for money or other valuable consideration.
B. A person who violates this section is guilty of a class 5 felony.
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