Chapter 51. Offenses Against the Family and Vulnerable Adults

Tags:47 AK (0.2%)


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 1. Offenses Against the Family

§ 11.51.100. Endangering the welfare of a child in the first degree

(a) A person commits the crime of endangering the welfare of a child in the first degree if, being a parent, guardian, or other person legally charged with the care of a child under 16 years of age, the person

(1) intentionally deserts the child in a place under circumstances creating a substantial risk of physical injury to the child;

(2) leaves the child with another person who is not a parent, guardian, or lawful custodian of the child knowing that the person is

(A) registered or required to register as a sex offender or child kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with similar requirements;

(B) charged by complaint, information, or indictment with a violation of AS 11.41.410--11.41.455 or a law or ordinance in another jurisdiction with similar elements; or

(C) charged by complaint, information, or indictment with an attempt, solicitation, or conspiracy to commit a crime described in (B) of this paragraph;

(3) leaves the child with another person knowing that the person has previously physically mistreated or had sexual contact with any child, and the other person causes physical injury to or engages in sexual contact with the child; or

(4) recklessly fails to provide an adequate quantity of food or liquids to a child, causing protracted impairment of the child's health.

(b) A person commits the crime of endangering the welfare of a minor in the first degree if the person transports a child in a motor vehicle, aircraft, or watercraft while in violation of AS 28.35.030.

(c) In this section, “physically mistreated” means

(1) having committed an act punishable under AS 11.41.100--11.41.250; or

(2) having applied force to a child that, under the circumstances in which it was applied, or considering the age or physical condition of the child, constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation because of the substantial and unjustifiable risk of

(A) death;

(B) serious or protracted disfigurement;

(C) protracted impairment of health;

(D) loss or impairment of the function of a body member or organ;

(E) substantial skin bruising, burning, or other skin injury;

(F) internal bleeding or subdural hematoma;

(G) bone fracture; or

(H) prolonged or extreme pain, swelling, or injury to soft tissue.

(d) Endangering the welfare of a child in the first degree under (a)(3) of this section is a

(1) class B felony if the child dies;

(2) class C felony if the child suffers sexual contact, sexual penetration, or serious physical injury; or

(3) class A misdemeanor if the child suffers physical injury.

(e) Endangering the welfare of a child under (b) of this subsection is a class A misdemeanor.

(f) Endangering the welfare of a child in the first degree under (a)(1), (2), or (4) of this section is a class C felony.



CREDIT(S)


SLA 1978, ch. 166, § 5; SLA 1998, ch. 99, § 5; SLA 2004, ch. 127, §§ 1--3. Amended by SLA 2011, ch. 20, § 10, eff. July 1, 2011; SLA 2012, ch. 70, §§ 3, 4, eff. July 1, 2012; SLA 2013, ch. 9, § 5, eff. May 10, 2013.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.110


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 1. Offenses Against the Family

§ 11.51.110. Endangering the welfare of a child in the second degree

(a) A person commits the offense of endangering the welfare of a child in the second degree if the person, while caring for a child under 10 years of age,

(1) causes or allows the child to enter or remain in a dwelling or vehicle in which a controlled substance is stored in violation of AS 11.71; or

(2) is impaired by an intoxicant, whether or not prescribed for the person under AS 17.30, and there is no third person who is at least 12 years of age and not impaired by an intoxicant present to care for the child.

(b) In this section,

(1) “impaired” means that a person is unconscious or a person is physically or mentally affected so that the person does not have the ability to care for the basic safety or personal needs of a child with the caution characteristic of a sober person of ordinary prudence;

(2) “intoxicant” has the meaning given in AS 47.10.990.

(c) Endangering the welfare of a child in the second degree is a violation.



CREDIT(S)


SLA 1998, ch. 99, § 6. Amended by SLA 2008, ch. 40, § 14, eff. May 23, 2008.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.120


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 1. Offenses Against the Family

§ 11.51.120. Criminal nonsupport

(a) A person commits the crime of criminal nonsupport if, being a person legally charged with the support of a child the person knowingly fails, without lawful excuse, to provide support for the child.

(b) As used in this section “support” includes necessary food, care, clothing, shelter, medical attention, and education. There is no failure to provide medical attention to a child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination.

(c) Except as provided in (d) of this section, criminal nonsupport is a class A misdemeanor.

(d) Criminal nonsupport is a class C felony if the support the person failed to provide is monetary support required by a court or administrative order from this or another jurisdiction and, at the time the person knowingly failed, without lawful excuse, to provide the support,

(1) the aggregate amount of accrued monetary child support arrearage is $20,000 or more;

(2) no child support payment has been made for a period of 24 consecutive months or more; or

(3) the person had been previously convicted under this section or a similar provision in another jurisdiction and

(A) the aggregate amount of accrued monetary child support arrearage is $5,000 or more; or

(B) no child support payment has been made for a period of six months or more.

(e) In addition to the provisions of (c) and (d) of this section, criminal nonsupport is punishable by loss or restriction of a recreational license as provided in AS 12.55.139.

(f) In this section,

(1) “child” means a person

(A) under 18 years of age; or

(B) 18 years of age or older for whom a person is ordered to pay support under a valid court or administrative order;

(2) “child support” means support for a child;

(3) “without lawful excuse” means having the financial ability to provide support or having the capacity to acquire that ability through the exercise of reasonable efforts.



CREDIT(S)


SLA 1978, ch. 166, § 5; SLA 1998, ch. 132, § 4; SLA 2004, ch. 108, §§ 1--3.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.121


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 1. Offenses Against the Family

§ 11.51.121. Aiding the nonpayment of child support in the first degree

(a) A person commits the crime of aiding the nonpayment of child support in the first degree if the person violates AS 11.51.122 and the person knows the obligor

(1) has an aggregate amount of accrued monetary child support arrearage of $20,000 or more;

(2) has not made a child support payment for a period of 24 consecutive months or more; or

(3) had been previously convicted under AS 11.51.120 or a similar provision in another jurisdiction and

(A) has an aggregate amount of accrued monetary child support arrearage of $5,000 or more; or

(B) has not made a child support payment for a period of 24 consecutive months or more.

(b) Aiding the nonpayment of child support in the first degree is a class C felony.

(c) In addition to the penalties under (b) of this section, aiding the nonpayment of child support in the first degree is punishable by loss or restriction of a recreational license as provided in AS 12.55.139.



CREDIT(S)


SLA 2004, ch. 108, § 4.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.122


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 1. Offenses Against the Family

§ 11.51.122. Aiding the nonpayment of child support in the second degree

(a) A person commits the crime of aiding the nonpayment of child support in the second degree if the person knows that an obligor has a duty under an administrative or judicial order for periodic payment of child support, for cash medical support, or for the provision of health care coverage for a child under a medical support order or a cash medical support order, or both, and

(1) being a person with a statutory duty to disclose information to a child support enforcement agency, intentionally withholds the information when it is requested by a child support enforcement agency;

(2) being an employer of the obligor, intentionally withholds information about the residence or employment of the obligor, the eligibility of the obligor's children for coverage under the employer's health insurance plan, or the cost of the coverage of the children under the plan, when that information is requested by a child support enforcement agency or when the employer is required by state or federal law to report the information without a request by a child support enforcement agency; or

(3) intentionally participates in a commercial, business, employment, or other arrangement with the obligor, knowing at the time that the arrangement is made that it will allow the obligor to avoid paying all or some of the support when it is due or to avoid having a lien placed on assets for the payment of delinquent support; receipt of a substantial asset for less than fair market value from an obligor after the obligor's support order has been established constitutes a rebuttable presumption that the person receiving the asset knew that the transfer would allow the obligor to avoid paying all or some of the support or to avoid having a lien placed on the asset.

(b) In a prosecution under (a)(2) and (3) of this section, it is a defense that the

(1) defendant did not intend to assist the obligor in the nonpayment of child support or in the avoidance of a duty to provide health care coverage of a child; or

(2) obligor did not intend to avoid paying child support or to avoid providing health care coverage of a child.

(c) This section does not prohibit an arrangement entered into with an attorney for the purpose of paying the attorney who represents the child support obligor in proceedings to contest or modify a child support order.

(d) In this section, “child” and “child support” have the meanings given in AS 11.51.120.

(e) Aiding the nonpayment of child support in the second degree is a class A misdemeanor.

(f) In addition to the penalties under (e) of this section, aiding the nonpayment of child support in the second degree is punishable by loss or restriction of a recreational license as provided in AS 12.55.139.



CREDIT(S)


SLA 1994, ch. 86, § 3; SLA 2000, ch. 106, §§ 1, 2; SLA 2004, ch. 108, §§ 5--8. Amended by SLA 2009, ch. 45, § 2, eff. July 1, 2009.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.125


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 1. Offenses Against the Family

§ 11.51.125. Failure to permit visitation with a minor

(a) A custodian commits the offense of failure to permit visitation with a minor if the custodian intentionally, and without just excuse, fails to permit visitation with a child under 18 years of age in the custodian's custody in substantial conformance with a court order that is specific as to when the custodian must permit another to have visitation with that child.

(b) The custodian may not be charged under this section with more than one offense in respect to what is, under the court order, a single continuous period of visitation.

(c) In a prosecution under this section, existing provisions of law prohibiting the disclosure of confidential communications between husband and wife do not apply, and both husband and wife are competent to testify for or against each other as to all relevant matters, if a court order has awarded custody to one spouse and visitation to the other.

(d) As used in this section,

(1) “court order” means a decree, judgment, or order issued by a court of competent jurisdiction;

(2) “custodian” means a natural person who has been awarded custody, either temporary or permanent, of a child under 18 years of age;

(3) “just excuse” includes illness of the child which makes it dangerous to the health of the child for visitation to take place in conformance with the court order; “just excuse” does not include the wish of the child not to have visitation with the person entitled to it.

(e) Failure to permit visitation with a minor is a violation.



CREDIT(S)


SLA 1978, ch. 166, § 5.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.130


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 1. Offenses Against the Family

§ 11.51.130. Contributing to the delinquency of a minor

(a) A person commits the crime of contributing to the delinquency of a minor if, being 19 years of age or older or being under 19 years of age and having the disabilities of minority removed for general purposes under AS 09.55.590, the person aids, induces, causes, or encourages a child

(1) under 18 years of age to do any act prohibited by state law unless the child's disabilities of minority have been removed for general purposes under AS 09.55.590;

(2) under 18 years of age or allows a child under 18 years of age to enter or remain in the immediate physical presence of the unlawful manufacture, use, display, or delivery of a controlled substance knowing that the manufacture, use, display, or delivery is occurring, unless the child's disabilities of minority have been removed for general purposes under AS 09.55.590;

(3) under 16 years of age to be repeatedly absent from school, without just cause; or

(4) under 18 years of age to be absent from the custody of a parent, guardian, or custodian without the permission of the parent, guardian, or custodian or without the knowledge of the parent, guardian, or custodian, unless the child's disabilities of minority have been removed for general purposes under AS 09.55.590 or the person has immunity under AS 47.10.350 or 47.10.398(a); it is an affirmative defense to a prosecution under this paragraph that, at the time of the alleged offense, the defendant

(A) reasonably believed that the child was in danger of physical injury or in need of temporary shelter; and

(B) within 12 hours after taking the actions comprising the alleged offense, notified a peace officer, a law enforcement agency, or the Department of Health and Social Services of the name of the child and the child's location.

(b) Contributing to the delinquency of a minor is a class A misdemeanor.



CREDIT(S)


SLA 1978, ch. 166, § 5; SLA 1980, ch. 102, § 16; SLA 1983, ch. 78, § 10; SLA 1994, ch. 33, § 8; SLA 1996, ch. 120, § 2; SLA 2000, ch. 32, § 1.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.140


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 1. Offenses Against the Family

§ 11.51.140. Unlawful marrying

(a) A person commits the crime of unlawful marrying if the person knowingly marries or purports to marry

(1) another when that person or the other is lawfully married to a third person;

(2) more than one person simultaneously; or

(3) a person who simultaneously is marrying another person.

(b) Unlawful marrying is a class A misdemeanor.



CREDIT(S)


SLA 1978, ch. 166, § 5.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS T. 11, Ch. 51, Art. 2, Refs & Annos


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 2. Vulnerable Adults

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.200


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 2. Vulnerable Adults (Refs & Annos)

§ 11.51.200. Endangering the welfare of a vulnerable adult in the first degree

(a) A person commits the crime of endangering the welfare of a vulnerable adult in the first degree if the person

(1) intentionally abandons a vulnerable adult in any place under circumstances creating a substantial risk of physical injury to the vulnerable adult and the vulnerable adult is in the person's care

(A) by contract or authority of law; or

(B) in a facility or program that is required by law to be licensed by the state; or

(2) violates AS 11.51.210 and, as a result of the violation, the vulnerable adult suffers serious physical injury.

(b) Endangering the welfare of a vulnerable adult in the first degree is a class C felony.



CREDIT(S)


SLA 1996, ch. 61, § 3.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.210


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 2. Vulnerable Adults (Refs & Annos)

§ 11.51.210. Endangering the welfare of a vulnerable adult in the second degree

(a) A person commits the crime of endangering the welfare of a vulnerable adult in the second degree if the person fails without lawful excuse to provide support for the vulnerable adult and the vulnerable adult is in the person's care

(1) by contract or authority of law; or

(2) in a facility or program that is required by law to be licensed by the state.

(b) As used in this section, “support” includes necessary food, care, clothing, shelter, and medical attention. There is no failure to provide medical attention to a vulnerable adult if the vulnerable adult is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination of which the vulnerable adult is a member or adherent, provided the vulnerable adult consents to the treatment through spiritual means only, and the treatment is administered by an accredited practitioner of the church or denomination.

(c) Endangering the welfare of a vulnerable adult in the second degree is a class A misdemeanor.



CREDIT(S)


SLA 1996, ch. 61, § 3.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.51.220


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 51. Offenses Against the Family and Vulnerable Adults

Article 2. Vulnerable Adults (Refs & Annos)

§ 11.51.220. Definition of vulnerable adult

In AS 11.51.200--11.51.210, “vulnerable adult” has the meaning given in AS 47.24.900.



CREDIT(S)


SLA 1996, ch. 61, § 3.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS T. 11, Ch. 55, Repealed


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 55. Weapons [Repealed]

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.100


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 1. Bribery and Related Offenses

§ 11.56.100. Bribery

(a) A person commits the crime of bribery if the person confers, offers to confer, or agrees to confer a benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, action, decision, or exercise of official discretion.

(b) In a prosecution under this section, it is not a defense that the person sought to be influenced was not qualified to act in the desired way, whether because that person had not assumed office, lacked jurisdiction, or for any other reason.

(c) Bribery is a class B felony.



CREDIT(S)


SLA 1978, ch. 166, § 6.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.110


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 1. Bribery and Related Offenses

§ 11.56.110. Receiving a bribe

(a) A public servant commits the crime of receiving a bribe if the public servant

(1) solicits a benefit with the intent that the public servant's vote, opinion, judgment, action, decision, or exercise of discretion as a public servant will be influenced; or

(2) accepts or agrees to accept a benefit upon an agreement or understanding that the public servant's vote, opinion, judgment, action, decision, or exercise of discretion as a public servant will be influenced.

(b) Receiving a bribe is a class B felony.



CREDIT(S)


SLA 1978, ch. 166, § 6.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.120


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 1. Bribery and Related Offenses

§ 11.56.120. Receiving unlawful gratuities

(a) A public servant commits the crime of receiving unlawful gratuities if, for having engaged in an official act which was required or authorized and for which the public servant was not entitled to any special or additional compensation, the public servant

(1) solicits a benefit, regardless of value; or

(2) accepts or agrees to accept a benefit having a value of $50 or more.

(b) Receiving unlawful gratuities is a class A misdemeanor.



CREDIT(S)


SLA 1978, ch. 166, § 6.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.124


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 1. Bribery and Related Offenses

§ 11.56.124. Failure to report bribery or receiving a bribe

(a) A public servant commits the crime of failure to report bribery or receiving a bribe if the public servant

(1) witnesses what the public servant knows or reasonably should know is

(A) bribery of a public servant by another person; or

(B) receiving a bribe by another public servant; and

(2) does not as soon as reasonably practicable report that crime to a peace officer or a law enforcement agency.

(b) Failure to report bribery or receiving a bribe is a class A misdemeanor.



CREDIT(S)


Added by SLA 2007, ch. 47, § 1, eff. July 10, 2007.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.130


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 1. Bribery and Related Offenses

§ 11.56.130. Definition

In AS 11.56.100--11.56.130, “benefit” has the meaning ascribed to it in AS 11.81.900 but does not include

(1) political campaign contributions reported in accordance with AS 15.13 unless the contribution is made or received in exchange for an agreement to alter an elected official's or candidate's vote or position on a matter the elected official has, or the candidate on election would have, the authority to take official action on; in this paragraph, “official action” means advice, participation, or assistance, including, for example, a recommendation, decision, approval, disapproval, vote, or other similar action, including inaction;

(2) concurrence in official action in the cause of legitimate compromise between public servants; or

(3) support, including a vote, solicited by a public servant or offered by any person in an election.



CREDIT(S)


SLA 1978, ch. 166, § 6. Amended by SLA 2007, ch. 47, § 2, eff. July 10, 2007.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.200


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 2. Perjury and Related Offenses

§ 11.56.200. Perjury

(a) A person commits the crime of perjury if the person makes a false sworn statement which the person does not believe to be true.

(b) In a prosecution under this section, it is not a defense that

(1) the statement was inadmissible under the rules of evidence; or

(2) the oath or affirmation was taken or administered in an irregular manner.

(c) Perjury is a class B felony.



CREDIT(S)


SLA 1978, ch. 166, § 6.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.205


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 2. Perjury and Related Offenses

§ 11.56.205. Unsworn falsification in the first degree

(a) A person commits the crime of unsworn falsification in the first degree if the person violates AS 11.56.210(a)(1) and the application is an application for a permanent fund dividend.

(b) In this section,

(1) “application for a permanent fund dividend” includes a written or electronic application and any other documentation submitted to support an application for a permanent fund dividend;

(2) “permanent fund dividend” has the meaning given in AS 43.23.095.

(c) Unsworn falsification in the first degree is a class C felony.



CREDIT(S)


SLA 2006, ch. 42, § 7, eff. July 1, 2006.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.210


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 2. Perjury and Related Offenses

§ 11.56.210. Unsworn falsification in the second degree

(a) A person commits the crime of unsworn falsification in the second degree if, with the intent to mislead a public servant in the performance of a duty, the person submits a false written or recorded statement that the person does not believe to be true

(1) in an application for a benefit; or

(2) on a form bearing notice, authorized by law, that false statements made in it are punishable.

(b) Unsworn falsification in the second degree is a class A misdemeanor.



CREDIT(S)


SLA 1978, ch. 166, § 6; SLA 2006, ch. 42, § 8, eff. July 1, 2006.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature



AS § 11.56.220


West's Alaska Statutes Annotated Currentness

Title 11. Criminal Law

Chapter 56. Offenses Against Public Administration

Article 2. Perjury and Related Offenses

§ 11.56.220. Proof of guilt

In a prosecution for perjury or unsworn falsification in the first or second degree, it is not necessary that proof be made by a particular number of witnesses or by documentary or other type of evidence.



CREDIT(S)


SLA 1978, ch. 166, § 6; SLA 2006, ch. 42, § 9, eff. July 1, 2006.

Current through legislation effective May 22, 2013, passed during the 2013 1st Reg. Sess. of the 28th Legislature


Title 13. Offenses Against the Family

Tags:23 AL (1.5%)

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 13. Offenses Against the Family.

§ 13A-13-1. Bigamy.



(a) A person commits bigamy when he intentionally contracts or purports to contract a marriage with another person when he has a living spouse. A person who contracts a marriage outside this state, which would be bigamous if contracted in this state, commits bigamy by cohabiting in the state with the other party to such a marriage.




(b) A person does not commit an offense under this section if:




(1) He reasonably believes that his previous marriage is void or was dissolved by death, divorce or annulment; or



(2) He and the prior spouse have been living apart for five consecutive years next prior to the subsequent marriage, during which time the prior spouse was not known by him to be alive.



(3) The burden of injecting the issues under this subsection is on the defendant, but this does not shift the burden of proof.



(c) Bigamy is a Class C felony.




CREDIT(S)


(Acts 1977, No. 607, p. 812, § 7001.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-13-2

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 13. Offenses Against the Family.

§ 13A-13-2. Adultery.



(a) A person commits adultery when he engages in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married.




(b) A person does not commit a crime under this section if he reasonably believes that he and the other person are unmarried persons. The burden of injecting this issue is on the defendant, but this does not change the burden of proof.




(c) Adultery is a Class B misdemeanor.




CREDIT(S)


(Acts 1977, No. 607, p. 812, § 7005.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-13-3

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 13. Offenses Against the Family.

§ 13A-13-3. Incest.



(a) A person commits incest if he marries or engages in sexual intercourse with a person he knows to be, either legitimately or illegitimately:




(1) His ancestor or descendant by blood or adoption; or



(2) His brother or sister of the whole or half-blood or by adoption; or



(3) His stepchild or stepparent, while the marriage creating the relationship exists; or



(4) His aunt, uncle, nephew or niece of the whole or half-blood.



(b) A person shall not be convicted of incest or of an attempt to commit incest upon the uncorroborated testimony of the person with whom the offense is alleged to have been committed.




(c) Incest is a Class C felony.




CREDIT(S)


(Acts 1977, No. 607, p. 812, § 7010.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-13-4

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 13. Offenses Against the Family.

§ 13A-13-4. Nonsupport.



(a) A man or woman commits the crime of nonsupport if he or she intentionally fails to provide support which that person is able to provide and which that person knows he or she is legally obligated to provide to a dependent spouse or child less than 19 years of age.




(b) “Support” includes but is not limited to food, shelter, clothing, medical attention and other necessary care, as determined elsewhere by law.




(c) “Child” includes a child born out of wedlock whose paternity has been admitted by the actor or has been established in a civil suit.




(d) Nonsupport is a Class A misdemeanor.




CREDIT(S)


(Acts 1977, No. 607, p. 812, § 7025.)




Current through Act 2013-172 of the 2013 Regular Session.





Ala.Code 1975 § 13A-13-5

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 13. Offenses Against the Family.

§ 13A-13-5. Abandonment of child.



(a) A man or woman commits the crime of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, he or she deserts such child in any place with intent wholly to abandon it.




(b) Abandonment of a child is a Class A misdemeanor.




CREDIT(S)


(Acts 1977, No. 607, p. 812, § 7030.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-13-6

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 13. Offenses Against the Family.

§ 13A-13-6. Endangering welfare of child.



(a) A man or woman commits the crime of endangering the welfare of a child when:




(1) He or she knowingly directs or authorizes a child less than 16 years of age to engage in an occupation involving a substantial risk of danger to his life or health; or



(2) He or she, as a parent, guardian or other person legally charged with the care or custody of a child less than 18 years of age, fails to exercise reasonable diligence in the control of such child to prevent him or her from becoming a “dependent child” or a “delinquent child,” as defined in Section 12-15-1.



(b) A person does not commit an offense under Section 13A-13-4 or this section for the sole reason he provides a child under the age of 19 years or a dependent spouse with remedial treatment by spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical treatment.




(c) Endangering the welfare of a child is a Class A misdemeanor.




CREDIT(S)


(Acts 1977, No. 607, p. 812, § 7035.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-13-7

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 13. Offenses Against the Family.

§ 13A-13-7. Inducing or attempting to induce abortion, miscarriage or premature delivery of woman.



Any person who willfully administers to any pregnant woman any drug or substance or uses or employs any instrument or other means to induce an abortion, miscarriage or premature delivery or aids, abets or prescribes for the same, unless the same is necessary to preserve her life or health and done for that purpose, shall on conviction be fined not less than $100.00 nor more than $1,000.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.


Chapter 30. Miscellaneous Offenses Against the Person  Abuse of Elderly or Disabled Persons

Tags:28 OK (1.2%)

21 Okl.St.Ann. § 843.3

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Abuse of Elderly or Disabled Persons

§ 843.3. Abuse, sexual abuse, exploitation, or neglect of vulnerable adult


A. Any person who engages in abuse, sexual abuse, or exploitation of a vulnerable adult, as defined in Section 10-103 of Title 43A of the Oklahoma Statutes, shall be guilty of a felony. The person, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the custody of the Department of Corrections for a term of not more than two (2) years, or both such fine and imprisonment.


B. Any person who has a responsibility to care for a vulnerable adult as defined by Section 10-103 of Title 43A of the Oklahoma Statutes who purposely, knowingly or recklessly neglects the vulnerable adult shall be guilty of a felony. The person, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the custody of the Department of Corrections for a term of not more than two (2) years, or both such fine and imprisonment.


C. In addition the court shall consider any provision of the Elderly and Incapacitated Victim's Protection Act [FN1] when the victim is an elderly or incapacitated person as defined by Section 991a-15 of Title 22 of the Oklahoma Statutes.


CREDIT(S)


Laws 2003, c. 195, § 1, eff. July 1, 2003; Laws 2008, c. 314, § 2, eff. July 1, 2008.


[FN1] Title 22, § 991a-13 et seq.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 843.4

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Abuse of Elderly or Disabled Persons

§ 843.4. Exploitation of elderly or disabled adult


A. As used in this section, “exploitation of an elderly person or disabled adult” means:


1. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:


a. stands in a position of trust and confidence with the elderly person or disabled adult, or


b. has a business relationship with the elderly person or disabled adult, or


2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.


B. 1. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at One Hundred Thousand Dollars ($100,000.00) or more, the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than fifteen (15) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).


2. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at less than One Hundred Thousand Dollars ($100,000.00), the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than ten (10) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).


C. For purposes of this section, “elderly person” means any person sixty-two (62) years of age or older.


CREDIT(S)


Laws 2006, c. 215, § 1, eff. July 1, 2006.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 843.5

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Abuse of Elderly or Disabled Persons

§ 843.5. Child abuse--Child neglect--Child sexual abuse--Child sexual exploitation--Enabling--Penalties


A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, “child abuse” means the willful or malicious abuse, as defined by paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another.


B. Any parent or other person who shall willfully or maliciously engage in enabling child abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment. As used in this subsection, “enabling child abuse” means the causing, procuring or permitting of a willful or malicious act of child abuse, as defined by paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, “permit” means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of abuse as proscribed by this subsection.


C. Any parent or other person who shall willfully or maliciously engage in child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, “child neglect” means the willful or malicious neglect, as defined by paragraph 46 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.


D. Any parent or other person who shall willfully or maliciously engage in enabling child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, “enabling child neglect” means the causing, procuring or permitting of a willful or malicious act of child neglect, as defined by paragraph 46 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, “permit” means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of neglect as proscribed by this subsection.


E. Any parent or other person who shall willfully or maliciously engage in child sexual abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment, except as provided in Section 51.1a of this title or as otherwise provided in subsection F of this section for a child victim under twelve (12) years of age. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. As used in this section, “child sexual abuse” means the willful or malicious sexual abuse, as defined by subparagraph b of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.


F. Any parent or other person who shall willfully or maliciously engage in sexual abuse to a child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).


G. Any parent or other person who shall willfully or maliciously engage in enabling child sexual abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, “enabling child sexual abuse” means the causing, procuring or permitting of a willful or malicious act of child sexual abuse, as defined by subparagraph b of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under the age of eighteen (18) by another. As used in this subsection, “permit” means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual abuse as proscribed by this subsection.


H. Any parent or other person who shall willfully or maliciously engage in child sexual exploitation shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment except as provided in subsection I of this section for a child victim under twelve (12) years of age. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. As used in this subsection, “child sexual exploitation” means the willful or malicious sexual exploitation, as defined by subparagraph c of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.


I. Any parent or other person who shall willfully or maliciously engage in sexual exploitation of a child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).


J. Any parent or other person who shall willfully or maliciously engage in enabling child sexual exploitation shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, “enabling child sexual exploitation” means the causing, procuring or permitting of a willful or malicious act of child sexual exploitation, as defined by subparagraph c of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, “permit” means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual exploitation as proscribed by this subsection.


K. Notwithstanding any other provision of law, any parent or other person convicted of forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under fourteen (14) years of age subsequent to a previous conviction for any offense of forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under fourteen (14) years of age shall be punished by death or by imprisonment for life without parole.


CREDIT(S)


Laws 1963, c. 53, § 1, emerg. eff. May 8, 1963; Laws 1975, c. 250, § 2, emerg. eff. June 2, 1975; Laws 1977, c. 172, § 1, eff. Oct. 1, 1977; Laws 1982, c. 7, § 1, operative Oct. 1, 1982; Laws 1989, c. 348, § 12, eff. Nov. 1, 1989; Laws 1990, c. 224, § 5, eff. Sept. 1, 1990. Renumbered from Title 21, § 843 and amended by Laws 1995, c. 353, §§ 15, 20, eff. Nov. 1, 1995. Laws 1996, c. 200, § 15, eff. Nov. 1, 1996; Laws 1997, c. 133, § 127, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 57, eff. July 1, 1999; Laws 2000, c. 291, § 1, eff. Nov. 1, 2000; Laws 2002, c. 455, § 7, emerg. eff. June 5, 2002; Laws 2006, c. 326, § 1, eff. July 1, 2006; Laws 2007, c. 325, § 1, eff. Nov. 1, 2007; Laws 2008, c. 3, § 5, emerg. eff. Feb. 28, 2008. Renumbered from Title 10, § 7115 by Laws 2009, c. 233, § 207, emerg. eff. May 21, 2009; Laws 2010, c. 278, § 18, eff. Nov. 1, 2010.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 843.6

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Abuse of Elderly or Disabled Persons

§ 843.6. Payment of costs by defendant upon conviction


A. 1. In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving child abuse or neglect, the court may require that the defendant pay court-appointed attorney fees for the child to any local or state agency incurring the cost or any other person or entity providing services to or on behalf of the child, and the cost of any medical examinations conducted on the child in order to determine the nature or extent of the abuse or neglect.


2. If the court determines that the defendant has the ability to pay all or part of the costs, the court may set the amount to be reimbursed and order the defendant to pay that sum to the local or state agency or other person or entity incurring the cost in the manner in which the court believes reasonable and compatible with the defendant's financial ability.


3. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.


B. 1. In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving sexual abuse, the court may require that the defendant pay, to the local or state agency incurring the cost, the cost of any medical examinations conducted on the child for the collection and preservation of evidence.


2. If the court determines that the defendant has the ability to pay all or part of the cost of the medical examination, the court may set the amount to be reimbursed and order the defendant to pay that sum to the local or state agency incurring the cost, in the manner in which the court believes reasonable and compatible with the defendant's financial ability.


3. In making the determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.


4. In no event shall a court penalize an indigent defendant by imposing an additional period of imprisonment in lieu of payment.


C. 1. The court shall require the defendant to pay, upon conviction of any offense involving the sexual or physical abuse of a child, for the psychological evaluation to determine the extent of counseling necessary for the victim of the abuse and any necessary psychological counseling deemed necessary to rehabilitate the child.


2. Such evaluations and counseling may be performed by psychiatrists, psychologists, licensed professional counselors or social workers. The results of the examination shall be included in the court records and in information contained in the central registry.


CREDIT(S)


Laws 1995, c. 353, § 14, eff. Nov. 1, 1995; Laws 1998, c. 416, § 20, eff. Nov. 1, 1998. Renumbered from Title 10, § 7114 by Laws 2009, c. 233, § 206, emerg. eff. May 21, 2009.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 843.7

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Abuse of Elderly or Disabled Persons

§ 843.7. Appointment of representatives for child


A. 1. In every criminal case filed pursuant to the Oklahoma Child Abuse Reporting and Prevention Act, [FN1] the judge of the district court may appoint an attorney-at-law to appear for and represent a child who is the alleged victim of child abuse or neglect.


2. The attorney may be allowed a reasonable fee for such services and shall meet with the child as soon as possible after receiving notification of the appointment.


3. Except for good cause shown to the court, the attorney shall meet with the child not less than twenty-four (24) hours prior to any hearing.


4. The attorney shall be given access to all reports relevant to the case and to any reports of examination of the child's parents, legal guardian, custodian or other person responsible for the child's health or safety made pursuant to this section.


5. The attorney shall represent the child and any expressed interests of the child. To that end, the attorney shall make such further investigation as the attorney deems necessary to ascertain the facts, to interview witnesses, examine and cross-examine witnesses at the preliminary hearing and trial, make recommendations to the court, and participate further in the proceedings to the degree appropriate for adequately representing the child.


B. A court-appointed special advocate or guardian ad litem as defined by the Oklahoma Children's Code [FN2] and the Oklahoma Juvenile Code [FN3] may be appointed to represent the best interests of the child who is the alleged subject of child abuse or neglect. The court-appointed special advocate or guardian ad litem shall be given access to all reports relevant to the case and to reports of service providers and of examination of the child's parents, legal guardian, custodian or other person responsible for the child's health or safety made pursuant to this section including but not limited to, information authorized by the Oklahoma Children's Code and the Oklahoma Juvenile Code.


C. At such time as the information maintained by the statewide registry for child abuse, sexual abuse, and neglect is indexed by name of perpetrator and the necessary and appropriate due process procedures are established by the Department of Human Services, a court-appointed special advocate organization, in accordance with the policies and rules of the Department, may utilize the registry for the purpose of completing background screenings of volunteers with the organization.


CREDIT(S)


Laws 1995, c. 353, § 12, eff. Nov. 1, 1995; Laws 1996, c. 200, § 14, eff. Nov. 1, 1996; Laws 1999, c. 396, § 11, emerg. eff. June 10, 1999. Renumbered from Title 10, § 7112 by Laws 2009, c. 233, § 205, emerg. eff. May 21, 2009.


[FN1] Title 10, § 7101 et seq.


[FN2] Title 10, § 7001-1.1 et seq.


[FN3] Title 10, § 7301-1.1 et seq.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 844

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Abuse of Elderly or Disabled Persons

§ 844. Ordinary force as means of discipline not prohibited


Provided, however, that nothing contained in this act [FN1] shall prohibit any parent, teacher or other person from using ordinary force as a means of discipline, including but not limited to spanking, switching or paddling.


CREDIT(S)


Laws 1963, c. 53, § 2.


[FN1] Title 21, § 843 et seq.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)


Chapter 22-22A. Offenses Against the Family (Refs & Annos)  22-22A-1. Bigamy--Exceptions--Felony

Tags:46 SD (0.3%)

SDCL § 22-22A-1

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-1. Bigamy--Exceptions--Felony


Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to:


(1) Any person, if that person's husband or wife has been absent for five successive years and is not known to be living by such person;


(2) Any person, if that person's husband or wife has absented himself or herself from such spouse by being outside the United States, continuously for at least five years;


(3) Any person, if that person's marriage has been pronounced void, annulled, or dissolved by a competent court; or


(4) Any person, presently married, who believes, in good faith, and has reason to believe, that the marriage has been pronounced void, annulled, or dissolved by a competent court.


Bigamy is a Class 6 felony.


CREDIT(S)


Source: SDC 1939, § 13.1713; SL 1976, ch 158, § 22-6; SL 2000, ch 104, § 1; SDCL § 22-22-15; SL 2005, ch 120, §§ 19, 23.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22A-2

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-2. Incest--Prohibited sexual contact--Felony


Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:


(1) Who are not legally married; and


(2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;


are guilty of incest. Incest is a Class 5 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 20.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22A-3

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-3. Aggravated incest--Related child--Felony


Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either:


(1) The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or


(2) Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;


is guilty of aggravated incest. Aggravated incest is a Class 3 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 21; SL 2008, ch 109, § 1.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22A-3.1

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-3.1. Aggravated incest--Foster child--Felony


Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:


(1) The licensed foster care provider; or


(2) A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.


Aggravated incest is a Class 3 felony.


CREDIT(S)


Source: SL 2008, ch 109, § 2.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22A-4

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-4. Removal of minor from state for adoption prohibited until parents' consent or termination of rights--Violation as felony


No person other than a legal or putative parent may remove or aid in the removal of any minor from the State of South Dakota for the purpose of adoption until a valid consent to adopt or termination of parental rights has been obtained from all legal and putative parents. A violation of this section is a Class 6 felony.


CREDIT(S)


Source: SL 1977, ch 205, § 4; SL 1992, ch 158, § 5; SDCL § 25-5A-7.1; SL 2006, ch 130, § 9.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10


§ 18.2-314. Failing to secure medical attention for injured child

Tags:12 VA (2.6%)

VA Code Ann. § 18.2-314


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 7. Crimes Involving Health and Safety (Refs & Annos)

Article 8. Miscellaneous Dangerous Conduct

§ 18.2-314. Failing to secure medical attention for injured child


Any parent or other person having custody of a minor child which child shows evidence of need for medical attention as the result of physical injury inflicted by an act of any member of the household, whether the injury was intentional or unintentional, who knowingly fails or refuses to secure prompt and adequate medical attention, or who conspires to prevent the securing of such attention, for such minor child, shall be guilty of a Class 1 misdemeanor; provided, however, that any parent or other person having custody of a minor child that is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not, for that reason alone, be considered in violation of this section.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


Chapter 43. Offenses Against the Family

Tags:06 PA (4.1%)

Article D. Offenses Against the Family

Chapter 43. Offenses Against the Family

Subchapter A. Definition of Offenses Generally

§ 4301. Bigamy


(a) Bigamy.--A married person is guilty of bigamy, a misdemeanor of the second degree, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage:


(1) the actor believes that the prior spouse is dead;


(2) the actor and the prior spouse have been living apart for two consecutive years throughout which the prior spouse was not known by the actor to be alive; or


(3) a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid.


(b) Other party to bigamous marriage.--A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy.



CREDIT(S)


1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 4302

 



Effective: February 21, 2012


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article D. Offenses Against the Family

Chapter 43. Offenses Against the Family

Subchapter A. Definition of Offenses Generally

§ 4302. Incest


(a) General rule.--Except as provided under subsection (b), a person is guilty of incest, a felony of the second degree, if that person knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood.


(b) Incest of a minor.--A person is guilty of incest of a minor, a felony of the second degree, if that person knowingly marries, cohabits with or has sexual intercourse with a complainant who is an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood and:


(1) is under the age of 13 years; or


(2) is 13 to 18 years of age and the person is four or more years older than the complainant.


(c) Relationships.--The relationships referred to in this section include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.



CREDIT(S)


1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1989, Nov. 17, P.L. 592, No. 64, § 5, effective in 60 days; 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), § 11, effective in 60 days; 2011, Dec. 20, P.L. 446, No. 111, § 1, effective in 60 days [Feb. 21, 2012].


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 4303

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article D. Offenses Against the Family

Chapter 43. Offenses Against the Family

Subchapter A. Definition of Offenses Generally

§ 4303. Concealing death of child


(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if he or she endeavors privately, either alone or by the procurement of others, to conceal the death of his or her child , so that it may not come to light, whether it was born dead or alive or whether it was murdered or not.


(b) Procedure.--If the same indictment or information charges any person with the murder of his or her child, as well as with the offense of the concealment of the death, the jury may acquit or convict him or her of both offenses, or find him or her guilty of one and acquit him or her of the other.



CREDIT(S)


1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1978, Oct. 4, P.L. 909, No. 173, § 2, effective in 60 days; 1995, March 31, P.L. 985, No. 10 (Spec. Sess. No. 1), § 11, effective in 60 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 4304

 



Effective: January 29, 2007


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article D. Offenses Against the Family

Chapter 43. Offenses Against the Family

Subchapter A. Definition of Offenses Generally

§ 4304. Endangering welfare of children


(a) Offense defined.--


(1) A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.


(2) A person commits an offense if the person, in an official capacity, prevents or interferes with the making of a report of suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services).


(3) As used in this subsection, the term “person supervising the welfare of a child” means a person other than a parent or guardian that provides care, education, training or control of a child.


(b) Grading.--An offense under this section constitutes a misdemeanor of the first degree. However, where there is a course of conduct of endangering the welfare of a child, the offense constitutes a felony of the third degree.



CREDIT(S)


1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1988, Dec. 19, P.L. 1275, No. 158, § 1, effective in 60 days; 1995, July 6, P.L. 251, No. 31, § 1, effective in 60 days; 2006, Nov. 29, P.L. 1581, No. 179, § 1, effective in 60 days [Jan. 29, 2007].


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 4305

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article D. Offenses Against the Family

Chapter 43. Offenses Against the Family

Subchapter A. Definition of Offenses Generally

§ 4305. Dealing in infant children


A person is guilty of a misdemeanor of the first degree if he deals in humanity, by trading, bartering, buying, selling, or dealing in infant children.



CREDIT(S)


1972, Dec. 6, P.L. 1482, No. 334, § 1, eff. June 6, 1973.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 4306

 



Effective: February 7, 2003


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article D. Offenses Against the Family

Chapter 43. Offenses Against the Family

Subchapter A. Definition of Offenses Generally

§ 4306. Newborn protection


(a) General rule.--A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in the care of a hospital pursuant to 23 Pa.C.S. Ch. 65 [FN1] (relating to newborn protection) providing that the following criteria are met:


(1) The parent expresses, either orally or through conduct, the intent to have the hospital accept the newborn pursuant to 23 Pa.C.S. Ch. 65.


(2) The newborn is not a victim of child abuse or criminal conduct.


(b) Definition.--As used in this section, the term “newborn” shall have the meaning given to it in 23 Pa.C.S. § 6502 (relating to definitions) and “child abuse” shall be as defined in 23 Pa.C.S. § 6303 (relating to definitions).



CREDIT(S)


2002, Dec. 9, P.L. 1549, No. 201, § 1, effective in 60 days.


[FN1] 23 Pa.C.S.A. § 6501 et seq.


 

Current through Regular Session Act 2013-4


Chapter 3. Offenses Against the Person

Tags:24 SC (1.5%)

Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-800. Definitions.


As used in this article:


(1) “Sexual performance” means any performance or part thereof that includes sexual conduct by a child younger than eighteen years of age.


(2) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.


(3) “Performance” means any play, motion picture, photograph, dance, or other visual representation that is exhibited before an audience.


(4) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-810


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-810. Engaging child for sexual performance; penalty.


(a) It is unlawful for any person to employ, authorize, or induce a child younger than eighteen years of age to engage in a sexual performance. It is unlawful for a parent or legal guardian or custodian of a child younger than eighteen years of age to consent to the participation by the child in a sexual performance.


(b) Any person violating the provisions of subsection (a) of this section is guilty of criminal sexual conduct of the second degree and upon conviction shall be punished as provided in § 16-3-653.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-820


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-820. Producing, directing or promoting sexual performance by child; penalty.


(a) It is unlawful for any person to produce, direct, or promote a performance that includes sexual conduct by a child younger than eighteen years of age.


(b) Any person violating the provisions of subsection (a) of this section is guilty of criminal sexual conduct of the third degree and upon conviction shall be punished as provided in § 16-3-654.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-830


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-830. Reasonable belief as to majority of child as affirmative defense.


It is an affirmative defense to a prosecution under this article that the defendant, in good faith, reasonably believed that the person who engaged in the sexual conduct was eighteen years of age or older.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-840


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-840. Methods of judicial determination of age of child.


When it becomes necessary for the purposes of this article to determine whether a child who participated in sexual conduct was younger than eighteen years of age, the court or jury may make this determination by any of the following methods:


(1) personal inspection of the child;


(2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance;


(3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;


(4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or


(5) any other method authorized by law or by rules of evidence.


CREDIT(S)


HISTORY: 1984 Act No. 267.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-850


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 3. Offenses Against the Person

Article 8. Sexual Performance by Children

§ 16-3-850. Film processor or computer technician to report film or computer images containing sexually explicit pictures of minors.


Any retail or wholesale film processor or photo finisher who is requested to develop film, and any computer technician working with a computer who views an image of a child younger than eighteen years of age or appearing to be younger than eighteen years of age who is engaging in sexual conduct, sexual performance, or a sexually explicit posture must report the name and address of the individual requesting the development of the film, or of the owner or person in possession of the computer to law enforcement officials in the state and county or municipality from which the film was originally forwarded. Compliance with this section does not give rise to any civil liability on the part of anyone making the report.


CREDIT(S)


HISTORY: 1987 Act No. 168 § 4; 2001 Act No. 81, § 3.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-3-910


Chapter 8. Crimes Involving Morals and Decency

Tags:12 VA (2.6%)

VA Code Ann. § 18.2-362


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-362. Person marrying when husband or wife is living; penalty; venue


If any person, being married, shall, during the life of the husband or wife, marry another person in this Commonwealth, or if the marriage with such other person take place out of the Commonwealth, shall thereafter cohabit with such other person in this Commonwealth, he or she shall be guilty of a Class 4 felony. Venue for a violation of this section may be in the county or city where the subsequent marriage occurred or where the parties to the subsequent marriage cohabited.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15; Acts 2003, c. 99.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-363


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-363. Leaving Commonwealth to evade law against bigamy


If any persons, resident in this Commonwealth, one of whom has a husband or wife living, shall, with the intention of returning to reside in this Commonwealth, go into another state or country and there intermarry and return to and reside in this Commonwealth cohabiting as man and wife, such marriage shall be governed by the same law, in all respects, as if it had been solemnized in this Commonwealth.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-364


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-364. Exceptions to preceding sections


Sections 18.2-362 and 18.2-363 shall not extend to a person whose husband or wife shall have been continuously absent from such person for seven years next before marriage of such person to another, and shall not have been known by such person to be living within that time; nor to a person who can show that the second marriage was contracted in good faith under a reasonable belief that the former consort was dead; nor to a person who shall, at the time of the subsequent marriage, have been divorced from the bond of the former marriage; nor to a person whose former marriage was void.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-365


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-365. Adultery defined; penalty


Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-366


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-366. Adultery and fornication by persons forbidden to marry; incest


A. Any person who commits adultery or fornication with any person whom he or she is forbidden by law to marry shall be guilty of a Class 1 misdemeanor except as provided by subsection B.


B. Any person who commits adultery or fornication with his daughter or granddaughter, or with her son or grandson, or her father or his mother, shall be guilty of a Class 5 felony. However, if a parent or grandparent commits adultery or fornication with his or her child or grandchild, and such child or grandchild is at least thirteen years of age but less than eighteen years of age at the time of the offense, such parent or grandparent shall be guilty of a Class 3 felony.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 397; Acts 1993, c. 703.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-367


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-367. Repealed by Acts 2004, c. 459



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-368


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-368. Placing or leaving wife for prostitution


Any person who, by force, fraud, intimidation or threats, places or leaves, or procures any other person to place or leave his wife in a bawdy place for the purpose of prostitution or unlawful sexual intercourse, shall be guilty of pandering, punishable as a Class 4 felony.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-369


Effective: July 1, 2012


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-369. Abuse and neglect of incapacitated adults; penalty


A. It shall be unlawful for any responsible person to abuse or neglect any incapacitated adult as defined in this section. Any responsible person who abuses or neglects an incapacitated adult in violation of this section and the abuse or neglect does not result in serious bodily injury or disease to the incapacitated adult is guilty of a Class 1 misdemeanor. Any responsible person who is convicted of a second or subsequent offense under this subsection is guilty of a Class 6 felony.


B. Any responsible person who abuses or neglects an incapacitated adult in violation of this section and the abuse or neglect results in serious bodily injury or disease to the incapacitated adult is guilty of a Class 4 felony. Any responsible person who abuses or neglects an incapacitated adult in violation of this section and the abuse or neglect results in the death of the incapacitated adult is guilty of a Class 3 felony.


C. For purposes of this section:


“Abuse” means (i) knowing and willful conduct that causes physical injury or pain or (ii) knowing and willful use of physical restraint, including confinement, as punishment, for convenience or as a substitute for treatment, except where such conduct or physical restraint, including confinement, is a part of care or treatment and is in furtherance of the health and safety of the incapacitated person.


“Incapacitated adult” means any person 18 years of age or older who is impaired by reason of mental illness, intellectual disability, physical illness or disability, advanced age or other causes to the extent the adult lacks sufficient understanding or capacity to make, communicate or carry out reasonable decisions concerning his well-being.


“Neglect” means the knowing and willful failure by a responsible person to provide treatment, care, goods or services which results in injury to the health or endangers the safety of an incapacitated adult.


“Responsible person” means a person who has responsibility for the care, custody or control of an incapacitated person by operation of law or who has assumed such responsibility voluntarily, by contract or in fact.


“Serious bodily injury or disease” shall include but not be limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, or (vi) life-threatening internal injuries or conditions, whether or not caused by trauma.


D. No responsible person shall be in violation of this section whose conduct was (i) in accordance with the informed consent of the incapacitated person or a person authorized to consent on his behalf; (ii) in accordance with a declaration by the incapacitated person under the Natural Death Act of Virginia (§ 54.1-2981 et seq.) or with the provisions of a valid medical power of attorney; (iii) in accordance with the wishes of the incapacitated person or a person authorized to consent on behalf of the incapacitated person and in accord with the tenets and practices of a church or religious denomination; (iv) incident to necessary movement of, placement of or protection from harm to the incapacitated person; or (v) a bona fide, recognized or approved practice to provide medical care.


CREDIT(S)


Acts 1992, c. 551; Acts 1994, c. 620; Acts 2000, c. 796; Acts 2001, c. 181; Acts 2004, c. 863; Acts 2007, c. 562; Acts 2007, c. 653. Amended by Acts 2012, c. 476; Acts 2012, c. 507.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-370


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-370. Taking indecent liberties with children; penalties


A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony:


(1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or


(2) Repealed.


(3) Propose that any such child feel or fondle the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; or


(4) Propose to such child the performance of an act of sexual intercourse or any act constituting an offense under § 18.2-361; or


(5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this section.


B. Any person 18 years of age or over who, with lascivious intent, knowingly and intentionally receives money, property, or any other remuneration for allowing, encouraging, or enticing any person under the age of 18 years to perform in or be a subject of sexually explicit visual material as defined in § 18.2-374.1 or who knowingly encourages such person to perform in or be a subject of sexually explicit material; shall be guilty of a Class 5 felony.


C. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 4 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in § 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.


D. Any parent, step-parent, grandparent or step-grandparent who commits a violation of either this section or clause (v) or (vi) of subsection A of § 18.2-370.1 (i) upon his child, step-child, grandchild or step-grandchild who is at least 15 but less than 18 years of age is guilty of a Class 5 felony or (ii) upon his child, step-child, grandchild or step-grandchild less than 15 years of age is guilty of a Class 4 felony.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 348; Acts 1981, c. 397; Acts 1986, c. 503; Acts 2000, c. 333; Acts 2001, c. 776; Acts 2001, c. 840; Acts 2005, c. 185; Acts 2005, c. 762.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-370.01


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-370.01. Indecent liberties by children; penalty


Any child over the age of thirteen years but under the age of eighteen who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any other child under the age of fourteen years who, measured by actual dates of birth, is five or more years the accused's junior, or proposes that any such child expose his or her sexual or genital parts to such person, shall be guilty of a Class 1 misdemeanor.


CREDIT(S)


Acts 1998, c. 825.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-370.1


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-370.1. Taking indecent liberties with child by person in custodial or supervisory relationship; penalties


A. Any person 18 years of age or older who, except as provided in § 18.2-370, maintains a custodial or supervisory relationship over a child under the age of 18 and is not legally married to such child and such child is not emancipated who, with lascivious intent, knowingly and intentionally (i) proposes that any such child feel or fondle the sexual or genital parts of such person or that such person feel or handle the sexual or genital parts of the child; or (ii) proposes to such child the performance of an act of sexual intercourse or any act constituting an offense under § 18.2-361; or (iii) exposes his or her sexual or genital parts to such child; or (iv) proposes that any such child expose his or her sexual or genital parts to such person; or (v) proposes to the child that the child engage in sexual intercourse, sodomy or fondling of sexual or genital parts with another person; or (vi) sexually abuses the child as defined in § 18.2-67.10 (6), shall be guilty of a Class 6 felony.


B. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 5 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in § 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.


CREDIT(S)


Acts 1982, c. 521; Acts 1986, c. 503; Acts 1991, c. 517; Acts 2001, c. 840; Acts 2005, c. 185.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-370.2


Effective: July 1, 2008


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-370.2. Sex offenses prohibiting proximity to children; penalty


A. “Offense prohibiting proximity to children” means a violation or an attempt to commit a violation of (i)subsection A of § 18.2-47, clause (ii) or (iii) of § 18.2-48, subsection B of § 18.2-361, or subsection B of § 18.2-366, where the victim of one of the foregoing offenses was a minor, or (ii) subsection A (iii) of § 18.2-61, §§ 18.2-63, 18.2-64.1, subdivision A 1 of § 18.2-67.1, subdivision A 1 of § 18.2-67.2, or subdivision A 1 or A 4 (a) of § 18.2-67.3, or §§ 18.2-370, 18.2-370.1, clause (ii) of § 18.2-371, §§ 18.2-374.1, 18.2-374.1:1 or § 18.2-379. As of July 1, 2006, “offense prohibiting proximity to children” shall include a violation of § 18.2-472.1, when the offense requiring registration was one of the foregoing offenses.


B. Every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2000, shall as part of his sentence be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school. In addition, every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2006, shall as part of his sentence be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a child day program as defined in § 63.2-100.


C. Every adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2008, shall as part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children that are not in his custody, within 100 feet of the premises of any place owned or operated by a locality that he knows or should know is a playground, athletic field or facility, or gymnasium.


A violation of this section is punishable as a Class 6 felony.


CREDIT(S)


Acts 2000, c. 770; Acts 2006, c. 857; Acts 2006, c. 914; Acts 2008, c. 579.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-370.3


Effective: July 1, 2008


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-370.3. Sex offenses prohibiting residing in proximity to children; penalty


A. Every adult who is convicted of an offense occurring on or after July 1, 2006, where the offender is more than three years older than the victim, of one of the following qualifying offenses: (i) clause (iii) of subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of § 18.2-67.2, shall be forever prohibited from residing within 500 feet of the premises of any place he knows or has reason to know is a child day center as defined in § 63.2-100, or a primary, secondary, or high school. A violation of this section is a Class 6 felony. The provisions of this section shall only apply if the qualifying offense was done in the commission of, or as a part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i)subsection A of § 18.2-47 or § 18.2-48, (ii)§ 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2.


B. An adult who is convicted of an offense as specified in subsection A of this section and has established a lawful residence shall not be in violation of this section if a child day center or a primary, secondary, or high school is established within 500 feet of his residence subsequent to his conviction.


C. Every adult who is convicted of an offense occurring on or after July 1, 2008, where the offender is more than three years older than the victim, of one of the following qualifying offenses: (i) clause (iii) of subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of § 18.2-67.2, shall be forever prohibited from residing within 500 feet of the boundary line of any place he knows is a public park when such park (i) is owned and operated by a county, city or town, (ii) shares a boundary line with a primary, secondary, or high school and (iii) is regularly used for school activities. A violation of this section is a Class 6 felony. The provisions of this section shall only apply if the qualifying offense was done in the commission of, or as a part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i)subsection A of § 18.2-47 or § 18.2-48, (ii)§ 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2.


D. An adult who is convicted of an offense as specified in subsection C and has established a lawful residence shall not be in violation of this section if a public park that (i) is owned and operated by a county, city or town, (ii) shares a boundary line with a primary, secondary, or high school, and (iii) is regularly used for school activities, is established within 500 feet of his residence subsequent to his conviction.


CREDIT(S)


Acts 2006, c. 857; Acts 2006, c. 914; Acts 2008, c. 726.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-370.4


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-370.4. Sex offenses prohibiting working on school property; penalty


A. Every adult who has been convicted of an offense occurring on or after July 1, 2006, where the offender is more than three years older than the victim, of one of the following qualifying offenses: (i) clause (iii) of subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of § 18.2-67.2, shall be forever prohibited from working or engaging in any volunteer activity on property he knows or has reason to know is public or private elementary or secondary school or child day center property. A violation of this section is punishable as a Class 6 felony. The provisions of this section shall only apply if the qualifying offense was done in the commission of, or as a part of the same course of conduct of, or as part of a common scheme or plan as a violation of (i)subsection A of § 18.2-47 or 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2.


B. An employer of a person who violates this section, or any person who procures volunteer activity by a person who violates this section, and the school or child day center where the violation of this section occurred, are immune from civil liability unless they had actual knowledge that such person had been convicted of an offense listed in subsection A.


CREDIT(S)


Acts 2006, c. 853; Acts 2006, c. 857; Acts 2006, c. 914.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-370.5


Effective: July 1, 2011


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-370.5. Sex offenses prohibiting entry onto school or other property; penalty


A. Every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from entering or being present (i) during school hours, and during school-related or school-sponsored activities upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property; (ii) on any school bus as defined in § 46.2-100; or (iii) upon any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity.


B. The provisions of clauses (i) and (iii) of subsection A shall not apply to such adult if (i) he is a lawfully registered and qualified voter, and is coming upon such property solely for purposes of casting his vote; (ii) he is a student enrolled at the school; or (iii) he has obtained a court order pursuant to subsection C allowing him to enter and be present upon such property, has obtained the permission of the school board or of the owner of the private school or child day center or their designee for entry within all or part of the scope of the lifted ban, and is in compliance with such school board's, school's or center's terms and conditions and those of the court order.


C. Every adult who is prohibited from entering upon school or child day center property pursuant to subsection A may after notice to the attorney for the Commonwealth and either (i) the proprietor of the child day center, (ii) the superintendent of public instruction of the school division in which the school is located, or (iii) the chief administrator of the school if such school is not a public school, petition the circuit court in the county or city where the school or child day center is located for permission to enter such property. For good cause shown, the court may issue an order permitting the petitioner to enter and be present on such property, subject to whatever restrictions of area, reasons for being present, or time limits the court deems appropriate.


D. A violation of this section is punishable as a Class 6 felony.


CREDIT(S)


Acts 2007, c. 284; Acts 2007, c. 370; Acts 2008, c. 781; Acts 2010, c. 402; Acts 2011, c. 648; Acts 2011, c. 796; Acts 2011, c. 855.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-370.6


Effective: July 1, 2008


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-370.6. Penetration of mouth of child with lascivious intent; penalty


Any person 18 years of age or older who, with lascivious intent, kisses a child under the age of 13 on the mouth while knowingly and intentionally penetrating the mouth of such child with his tongue is guilty of a Class 1 misdemeanor.


CREDIT(S)


Acts 2008, c. 772.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-371


Effective: July 1, 2008


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant


Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting §§ 18.2-18, 18.2-19, 18.2-61, 18.2-63, and 18.2-347.


If the prosecution under this section is based solely on the accused parent having left the child at a hospital or rescue squad, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child's life. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 397; Acts 1981, c. 568; Acts 1990, c. 797; Acts 1991, c. 295; Acts 1993, c. 411; Acts 2003, c. 816; Acts 2003, c. 822; Acts 2006, c. 935; Acts 2008, c. 174; Acts 2008, c. 206.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-371.1


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-371.1. Abuse and neglect of children; penalty; abandoned infant


A. Any parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or omission or refusal to provide any necessary care for the child's health causes or permits serious injury to the life or health of such child shall be guilty of a Class 4 felony. For purposes of this subsection, “serious injury” shall include but not be limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced ingestion of dangerous substances, or (vii) life-threatening internal injuries.


B. 1. Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanton and culpable as to show a reckless disregard for human life shall be guilty of a Class 6 felony.


2. If a prosecution under this subsection is based solely on the accused parent having left the child at a hospital or rescue squad, it shall be an affirmative defense to prosecution of a parent under this subsection that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child's life. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.


C. Any parent, guardian or other person having care, custody, or control of a minor child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall not, for that reason alone, be considered in violation of this section.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15; Acts 1988, c. 228; Acts 1990, c. 638; Acts 1993, c. 628; Acts 2003, c. 816; Acts 2003, c. 822; Acts 2006, c. 935.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-371.2


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-371.2. Prohibiting purchase or possession of tobacco products by minors or sale of tobacco products to minors


A. No person shall sell to, distribute to, purchase for or knowingly permit the purchase by any person less than 18 years of age, knowing or having reason to believe that such person is less than 18 years of age, any tobacco product, including but not limited to cigarettes, cigars, bidis, and wrappings.


Tobacco products may be sold from a vending machine only if the machine is (i) posted with a notice, in a conspicuous manner and place, indicating that the purchase or possession of tobacco products by minors is unlawful and (ii) located in a place which is not open to the general public and is not generally accessible to minors. An establishment which prohibits the presence of minors unless accompanied by an adult is not open to the general public.


B. No person less than 18 years of age shall attempt to purchase, purchase or possess any tobacco product, including but not limited to cigarettes, cigars, bidis, and wrappings. The provisions of this subsection shall not be applicable to the possession of tobacco products, including wrappings, by a person less than 18 years of age making a delivery of tobacco products, including wrappings, in pursuance of his employment. This subsection shall not apply to purchase, attempt to purchase or possession by a law-enforcement officer or his agent when the same is necessary in the performance of his duties.


C. No person shall sell a tobacco product, including but not limited to cigarettes, cigars, bidis, and wrappings, to any individual who does not demonstrate, by producing a driver's license or similar photo identification issued by a government agency, that the individual is at least 18 years of age. Such identification is not required from an individual whom the person has reason to believe is at least 18 years of age or who the person knows is at least 18 years of age. Proof that the person demanded, was shown, and reasonably relied upon a photo identification stating that the individual was at least 18 years of age shall be a defense to any action brought under this subsection. In determining whether a person had reason to believe an individual is at least 18 years of age, the trier of fact may consider, but is not limited to, proof of the general appearance, facial characteristics, behavior and manner of the individual.


This subsection shall not apply to mail order sales.


D. A violation of subsection A or C by an individual or by a separate retail establishment that involves a tobacco product other than a bidi shall be punishable by a civil penalty not to exceed $100 for a first violation, a civil penalty not to exceed $200 for a second violation, and a civil penalty not to exceed $500 for a third or subsequent violation.


A violation of subsection A or C by an individual or by a separate retail establishment that involves the sale, distribution or purchase of a bidi shall be punishable by a civil penalty in the amount of $500 for a first violation, a civil penalty in the amount of $1,000 for a second violation, and a civil penalty in the amount of $2,500 for a third or subsequent violation. Where a defendant retail establishment offers proof that it has trained its employees concerning the requirements of this section, the court shall suspend all of the penalties imposed hereunder. However, where the court finds that a retail establishment has failed to so train its employees, the court may impose a civil penalty not to exceed $1,000 in lieu of any penalties imposed hereunder for a violation of subsection A or C involving a tobacco product other than a bidi.


A violation of subsection B shall be punishable by a civil penalty not to exceed $100 for a first violation and a civil penalty not to exceed $250 for a second or subsequent violation. A court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a first violation of subsection B and up to 40 hours of community service for a second or subsequent violation. If the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. Upon a violation of subsection B, the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.


Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any law-enforcement officer may issue a summons for a violation of subsection A, B, or C.


E. 1. Cigarettes shall be sold only in sealed packages provided by the manufacturer, with the required health warning. The proprietor of every retail establishment which offers for sale any tobacco product, including but not limited to cigarettes, cigars, and bidis, shall post in a conspicuous manner and place a sign or signs indicating that the sale of tobacco products, including wrappings, to any person under 18 years of age is prohibited by law. Any attorney for the county, city or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $50. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city or town which instituted the action.


2. For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.


3. Any attorney for the county, city or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $100. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city or town which instituted the action.


F. Nothing in this section shall be construed to create a private cause of action.


G. Agents of the Virginia Alcoholic Beverage Control Board designated pursuant to § 4.1-105 may issue a summons for any violation of this section.


H. As used in this section:


“Bidi” means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as a bidi or beedie; and


“Wrappings” includes papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.


CREDIT(S)


Acts 1986, c. 406; Acts 1991, c. 558; Acts 1993, c. 631; Acts 1994, c. 305; Acts 1995, c. 675; Acts 1996, c. 509; Acts 1996, c. 517; Acts 1997, c. 812, eff. April 2, 1997; Acts 1997, c. 882, eff. April 2, 1997; Acts 1998, c. 363; Acts 1999, c. 1020; Acts 2000, c. 883; Acts 2003, c. 114; Acts 2003, c. 615.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-371.3


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-371.3. Tattooing or body piercing of minors


No person shall tattoo or perform body piercing for hire or consideration on a person less than eighteen years of age, knowing or having reason to believe such person is less than eighteen years of age except (i) in the presence of the person's parent or guardian, or (ii) when done by or under the supervision of a medical doctor, registered nurse or other medical services personnel licensed pursuant to Title 54.1 in the performance of their duties.


In addition, no person shall tattoo or perform body piercing on any client unless he complies with the Centers for Disease Control and Prevention's guidelines for “Universal Blood and Body Fluid Precautions” and provides the client with the following disclosure:


1. Tattooing and body piercing are invasive procedures in which the skin is penetrated by a foreign object.


2. If proper sterilization and antiseptic procedures are not followed by tattoo artists and body piercers, there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses.


3. Tattooing and body piercing may cause allergic reactions in persons sensitive to dyes or the metals used in ornamentation.


4. Tattooing and body piercing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the person performing the tattoo or body piercing unless such person holds the appropriate license from a Virginia health regulatory board.


A person who violates this section is guilty of a Class 1 misdemeanor.


For the purposes of this section:


“Body-piercing” means the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. “Body piercing” does not include the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.


“Tattoo” means to place any design, letter, scroll, figure, symbol or any other mark upon or under the skin of any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.


CREDIT(S)


Acts 1997, c. 586; Acts 2000, c. 842; Acts 2001, c. 270; Acts 2006, c. 692.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-371.4


Effective: July 1, 2009


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 4. Family Offenses; Crimes Against Children, Etc. (Refs & Annos)

§ 18.2-371.4. Prohibiting the sale of novelty lighters to juveniles


A. “Novelty lighter” means a mechanical or electrical device containing a combustible fuel typically used for lighting cigarettes, cigars, or pipes that is (i) designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food, or beverage, or (ii) a fanciful article that plays musical notes, has flashing lights, or has other entertaining features that are appealing to or intended for use by juveniles. A novelty lighter may operate on any fuel, including butane, isobutene, or liquid fuel.


B. “Novelty lighter” does not include (i) a lighter without fuel and that is incapable of being fueled, (ii) a lighter lacking a device necessary to produce combustion or a flame, (iii) a mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills, (iv) a lighter manufactured prior to 1980, or (v) a standard disposable lighter that is printed or decorated with logos, labels, decals, or artwork, or heat shrinkable sleeves.


C. Novelty lighters that are available for purchase at a retail establishment shall be located in a place that is not open to the general public.


D. Any individual who sells a novelty lighter to a person he knows or has reason to know is a juvenile is subject to a civil penalty of no more than $100.


E. This section may be enforced by the State Fire Marshal's Office, local fire marshals appointed pursuant to § 27-34.2 or 27-34.2:1, or law-enforcement officers.


CREDIT(S)


Acts 2009, c. 668.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


Chapter 61. Crimes and Their Punishment

Tags:38 WV (0.6%)

W. Va. Code, § 61-2-8


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 2. Crimes Against the Person (Refs & Annos)

§ 61-2-8. Abortion; penalty


Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years; and if such woman die by reason of such abortion performed upon her, such person shall be guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child.


CREDIT(S)


Acts 1882, c. 118, § 8.


Formerly Code Va. 1849, c. 191, § 8; Code Va. 1860, c. 191, § 8; Code 1868, c. 144, § 8; Code 1923, c. 144, § 8.



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 9A.64. Family Offenses  9A.64.010. Bigamy

Tags:13 WA (2.2%)



Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.64. Family Offenses

9A.64.010. Bigamy



(1) A person is guilty of bigamy if he or she intentionally marries or purports to marry another person when either person has a living spouse.



(2) In any prosecution under this section, it is a defense that at the time of the subsequent marriage or purported marriage:



(a) The actor reasonably believed that the prior spouse was dead; or



(b) A court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or



(c) The actor reasonably believed that he or she was legally eligible to marry.



(3) The limitation imposed by RCW 9A.04.080 on commencing a prosecution for bigamy does not begin to run until the death of the prior or subsequent spouse of the actor or until a court enters a judgment terminating or annulling the prior or subsequent marriage.



(4) Bigamy is a class C felony.



CREDIT(S)

[2011 c 336 § 385, eff. July 22, 2011; 1986 c 257 § 14; 1975 1st ex.s. c 260 § 9A.64.010.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.64.020



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.64. Family Offenses

9A.64.020. Incest



(1)(a) A person is guilty of incest in the first degree if he or she engages in sexual intercourse with a person whom he or she knows to be related to him or her, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or the half blood.



(b) Incest in the first degree is a class B felony.



(2)(a) A person is guilty of incest in the second degree if he or she engages in sexual contact with a person whom he or she knows to be related to him or her, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or the half blood.



(b) Incest in the second degree is a class C felony.



(3) As used in this section:



(a) “Descendant” includes stepchildren and adopted children under eighteen years of age;



(b) “Sexual contact” has the same meaning as in RCW 9A.44.010; and



(c) “Sexual intercourse” has the same meaning as in RCW 9A.44.010.



CREDIT(S)

[2003 c 53 § 80, eff. July 1, 2004; 1999 c 143 § 39; 1985 c 53 § 1; 1982 c 129 § 3; 1975 1st ex.s. c 260 § 9A.64.020.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.64.030



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.64. Family Offenses

9A.64.030. Child selling--Child buying



(1) It is unlawful for any person to sell or purchase a minor child.



(2) A transaction shall not be a purchase or sale under subsection (1) of this section if any of the following exists:



(a) The transaction is between the parents of the minor child; or



(b) The transaction is between a person receiving or to receive the child and an agency recognized under RCW 26.33.020; or



(c) The transaction is between the person receiving or to receive the child and a state agency or other governmental agency; or



(d) The transaction is pursuant to chapter 26.34 RCW; or



(e) The transaction is pursuant to court order; or



(f) The only consideration paid by the person receiving or to receive the child is intended to pay for the prenatal hospital or medical expenses involved in the birth of the child, or attorneys' fees and court costs involved in effectuating transfer of child custody.



(3)(a) Child selling is a class C felony.



(b) Child buying is a class C felony.



CREDIT(S)

[2003 c 53 § 81, eff. July 1, 2004; 1985 c 7 § 3; 1980 c 85 § 3.]


§ 61-5-29. Failure to meet an obligation to pay support to a minor; penalties

Tags:38 WV (0.6%)

W. Va. Code, § 61-5-29


Effective: July 7, 2009


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 5. Crimes Against Public Justice

§ 61-5-29. Failure to meet an obligation to pay support to a minor; penalties


(1) A person who: (a) Repeatedly and willfully fails to pay his or her court-ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor; and (b) is subject to court order to pay any amount for the support of a minor child and is delinquent in meeting the full obligation established by the order and has been delinquent for a period of at least six months' duration is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, or confined in jail for not more than one year, or both fined and confined.


(2) A person who repeatedly and willfully fails to pay his or her court-ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor by virtue of a court or administrative order and the failure results in twelve months without payment of support that remains unpaid is guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, or imprisoned for not less than one year nor more than three years, or both fined and imprisoned.


CREDIT(S)


Acts 1992, c. 54; Acts 1996, c. 110, eff. 90 days after March 9, 1996; Acts 1999, 2nd Ex. Sess., c. 8, eff. May 20, 1999; Acts 2009, c. 62, eff. July 7, 2009.



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 9A.44. Sex Offenses (Refs & Annos)  9A.44.160. Custodial sexual misconduct in the first degree

Tags:13 WA (2.2%)

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.44. Sex Offenses (Refs & Annos)

9A.44.160. Custodial sexual misconduct in the first degree



(1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person:



(a) When:



(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and



(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or



(b) When the victim is being detained, under arrest[,] or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.



(2) Consent of the victim is not a defense to a prosecution under this section.



(3) Custodial sexual misconduct in the first degree is a class C felony.



CREDIT(S)

[1999 c 45 § 1.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.170



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.44. Sex Offenses (Refs & Annos)

9A.44.170. Custodial sexual misconduct in the second degree



(1) A person is guilty of custodial sexual misconduct in the second degree when the person has sexual contact with another person:



(a) When:



(i) The victim is a resident of a state, county, or city adult or juvenile correctional facility, including but not limited to jails, prisons, detention centers, or work release facilities, or is under correctional supervision; and



(ii) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or



(b) When the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.



(2) Consent of the victim is not a defense to a prosecution under this section.



(3) Custodial sexual misconduct in the second degree is a gross misdemeanor.



CREDIT(S)

[1999 c 45 § 2.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.180



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.44. Sex Offenses (Refs & Annos)

9A.44.180. Custodial sexual misconduct--Defense



It is an affirmative defense to prosecution under RCW 9A.44.160 or 9A.44.170, to be proven by the defendant by a preponderance of the evidence, that the act of sexual intercourse or sexual contact resulted from forcible compulsion by the other person.



CREDIT(S)

[1999 c 45 § 3.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.190



Effective: March 20, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.44. Sex Offenses (Refs & Annos)

9A.44.190. Criminal trespass against children--Definitions



As used in this section and RCW 9A.44.193 and 9A.44.196:



(1) “Covered entity” means any public facility or private facility whose primary purpose, at any time, is to provide for the education, care, or recreation of a child or children, including but not limited to community and recreational centers, playgrounds, schools, swimming pools, and state or municipal parks.



(2) “Child” means a person under the age of eighteen, unless the context clearly indicates that the term is otherwise defined in statute.



(3) “Public facility” means a facility operated by a unit of local or state government, or by a nonprofit organization.



(4) “Schools” means public and private schools, but does not include home-based instruction as defined in RCW 28A.225.010.



(5) “Covered offender” means a person required to register under RCW 9A.44.130 who is eighteen years of age or older, who is not under the jurisdiction of the juvenile rehabilitation authority or currently serving a special sex offender disposition alternative, whose risk level classification has been assessed at a risk level II or a risk level III pursuant to RCW 72.09.345, and who, at any time, has been convicted of one or more of the following offenses:



(a) Rape of a child in the first, second, and third degree; child molestation in the first, second, and third degree; indecent liberties against a child under age fifteen; sexual misconduct with a minor in the first and second degree; incest in the first and second degree; luring with sexual motivation; possession of depictions of minors engaged in sexually explicit conduct; dealing in depictions of minors engaged in sexually explicit conduct; bringing into the state depictions of minors engaged in sexually explicit conduct; sexual exploitation of a minor; communicating with a minor for immoral purposes; *patronizing a juvenile prostitute;



(b) Any felony in effect at any time prior to March 20, 2006, that is comparable to an offense listed in (a) of this subsection, including, but not limited to, statutory rape in the first and second degrees [degree] and carnal knowledge;



(c) Any felony offense for which:



(i) There was a finding that the offense was committed with sexual motivation; and



(ii) The victim of the offense was less than sixteen years of age at the time of the offense;



(d) An attempt, conspiracy, or solicitation to commit any of the offenses listed in (a) through (c) of this subsection;



(e) Any conviction from any other jurisdiction which is comparable to any of the offenses listed in (a) through (d) of this subsection.



CREDIT(S)

[2006 c 126 § 4, eff. March 20, 2006; 2006 c 125 § 2, eff. March 20, 2006.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.193



Effective: March 20, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.44. Sex Offenses (Refs & Annos)

9A.44.193. Criminal trespass against children--Covered entities



(1) An owner, manager, or operator of a covered entity may order a covered offender from the legal premises of a covered entity as provided under this section. To do this, the owner, manager, or operator of a covered entity must first provide the covered offender, or cause the covered offender to be provided, personal service of a written notice that informs the covered offender that:



(a) The covered offender must leave the legal premises of the covered entity and may not return without the written permission of the covered entity; and



(b) If the covered offender refuses to leave the legal premises of the covered entity, or thereafter returns and enters within the legal premises of the covered entity without written permission, the offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196.



(2) A covered entity may give written permission of entry and use to a covered offender to enter and remain on the legal premises of the covered entity at particular times and for lawful purposes, including, but not limited to, conducting business, voting, or participating in educational or recreational activities. Any written permission of entry and use of the legal premises of a covered entity must be clearly stated in a written document and must be personally served on the covered offender. If the covered offender violates the conditions of entry and use contained in a written document personally served on the offender by the covered entity, the covered offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196.



(3) An owner, employee, or agent of a covered entity shall be immune from civil liability for damages arising from excluding or failing to exclude a covered offender from a covered entity or from imposing or failing to impose conditions of entry and use on a covered offender.



(4) A person provided with written notice from a covered entity under this section may file a petition with the district court alleging that he or she does not meet the definition of “covered offender” in RCW 9A.44.190. The district court must conduct a hearing on the petition within thirty days of the petition being filed. In the hearing on the petition, the person has the burden of proving that he or she is not a covered offender. If the court finds, by a preponderance of the evidence, that the person is not a covered offender, the court shall order the covered entity to rescind the written notice and shall order the covered entity to pay the person's costs and reasonable attorneys' fees.



CREDIT(S)

[2006 c 126 § 5, eff. March 20, 2006; 2006 c 125 § 3, eff. March 20, 2006.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.196



Effective: March 20, 2006

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.44. Sex Offenses (Refs & Annos)

9A.44.196. Criminal trespass against children



(1) A person is guilty of the crime of criminal trespass against children if he or she:



(a) Is a covered offender as defined in RCW 9A.44.190; and



(b)(i) Is personally served with written notice complying with the requirements of RCW 9A.44.193 that excludes the covered offender from the legal premises of the covered entity and remains upon or reenters the legal premises of the covered entity; or



(ii) Is personally served with written notice complying with the requirements of RCW 9A.44.193 that imposes conditions of entry and use on the covered offender and violates the conditions of entry and use.



(2) Criminal trespass against children is a class C felony.



CREDIT(S)

[2006 c 126 § 6, eff. March 20, 2006; 2006 c 125 § 4, eff. March 20, 2006.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.900


Chapter 1. Abortion.

Tags:49 DC (0.2%)

Formerly cited as DC ST 1981 § 22-201

 

 

Effective:[See Text Amendments]

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 1. Abortion.

§ 22-101. Definition and penalty. [Repealed]

CREDIT(S)

(Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 809; June 29, 1953, 67 Stat. 93, ch. 159, § 203; May 10, 1989, D.C. Law 7-231, § 28, 36 DCR 492; Apr. 29, 2004, D.C. Law 15-154, § 3(a), 50 DCR 10996.)

Current through April 16, 2013

 

 

DC ST § 22-201

 

Formerly cited as DC ST 1981 § 22-301


Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

Tags:50 VT (0.2%)

13 V.S.A. § 1375


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1375. Definitions


As used in this chapter:


(1) “Bodily injury” means physical pain, illness, or any impairment of physical condition.


(2) “Caregiver” means:


(A) a person, agency, facility, or other organization with responsibility for providing subsistence, health, or other care to a vulnerable adult, who has assumed the responsibility voluntarily, by contract, or by an order of the court; or


(B) a person providing care, including health care, custodial care, personal care, mental health services, rehabilitative services, or any other kind of care which is required because of another's age or disability.


(3) “Lewd and lascivious conduct” means any lewd or lascivious act upon or with the body, or any part or member thereof, of a vulnerable adult, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the person or the vulnerable adult.


(4) “Neglect” means intentional or reckless failure or omission by a caregiver to:


(A)(i) provide care or arrange for goods, services, or living conditions necessary to maintain the health or safety of a vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or an advanced directive as defined in chapter 111 of Title 18; or


(ii) make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect or exploitation by others.


(B) Neglect may be repeated conduct or a single incident which has resulted in or could be expected to result in physical or psychological harm, as a result of subdivisions (A)(i) or (ii) of this subdivision (4).


(5) “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.


(6) “Sexual act” means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another.


(7) “Sexual activity” means a sexual act, other than appropriate health care or personal hygiene, or lewd and lascivious conduct.


(8) “Vulnerable adult” means any person 18 years of age or older who:


(A) is a resident of a facility required to be licensed under chapter 71 of Title 33;


(B) is a resident of a psychiatric hospital or a psychiatric unit of a hospital;


(C) has been receiving personal care and services from an agency certified by the Vermont department of aging and independent living or from a person or organization that offers, provides, or arranges for personal care; or


(D) regardless of residence or whether any type of service is received, is impaired due to brain damage, infirmities of aging, or a physical, mental, or developmental disability that results in some impairment of the individual's ability to:


(i) provide for his or her own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances; or


(ii) protect himself or herself from abuse, neglect, or exploitation.


CREDIT(S)


2005, No. 79, § 2; 2005, Adj. Sess., No. 192, § 7.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1376


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1376. Abuse


(a) A person who engages in conduct with an intent or reckless disregard that the conduct is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult shall be imprisoned not more than one year or fined not more than $1,000.00, or both.


(b) A person who commits an assault, as defined in section 1023 of this title, with actual or constructive knowledge that the victim is a vulnerable adult, shall be imprisoned for not more than two years or fined not more than $2,000.00, or both.


(c) A person who commits an aggravated assault as defined in subdivision 1024(a)(1) or (2) of this title with actual or constructive knowledge that the victim is a vulnerable adult shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both.


CREDIT(S)


2005, No. 79, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1377


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1377. Abuse by unlawful restraint and unlawful confinement


(a) Except as provided in subsection (b) of this section, no person shall knowingly or recklessly:


(1) cause or threaten to cause unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult; or


(2) administer or threaten to administer a drug, a substance, or electroconvulsive therapy to a vulnerable adult.


(b) This section shall not apply if the confinement, restraint, administration, or threat is:


(1) part of a legitimate and lawful medical or therapeutic treatment; or


(2) lawful and reasonably necessary to protect the safety of the vulnerable adult or others, provided that less intrusive alternatives have been attempted if doing so would be reasonable under the circumstances.


(c) A person who violates this section shall:


(1) be imprisoned not more than two years or fined not more than $10,000.00, or both.


(2) if the violation causes bodily injury, be imprisoned not more than three years or fined not more than $10,000.00, or both.


(3) if the violation causes serious bodily injury, be imprisoned not more than 15 years or fined not more than $10,000.00, or both.


CREDIT(S)


2005, No. 79, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1378


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1378. Neglect


(a) A caregiver who intentionally or recklessly neglects a vulnerable adult shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.


(b) A caregiver who violates subsection (a) of this section, and as a result of such neglect, serious bodily injury occurs to the vulnerable adult, shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both.


CREDIT(S)


2005, No. 79, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1379


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1379. Sexual abuse


(a) A person who volunteers for or is paid by a caregiving facility or program shall not engage in any sexual activity with a vulnerable adult. It shall be an affirmative defense to a prosecution under this subsection that the sexual activity was consensual between the vulnerable adult and a caregiver who was hired, supervised, and directed by the vulnerable adult. A person who violates this subsection shall be imprisoned for not more than two years or fined not more than $10,000.00, or both.


(b) No person, whether or not the person has actual knowledge of the victim's vulnerable status, shall engage in sexual activity with a vulnerable adult if:


(1) the vulnerable adult does not consent to the sexual activity; or


(2) the person knows or should know that the vulnerable adult is incapable of resisting, declining, or consenting to the sexual activity due to his or her specific vulnerability or due to fear of retribution or hardship.


(c) A person who violates subsection (b) of this section shall be:


(1) imprisoned for not more than five years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct;


(2) imprisoned for not more than 20 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.


(d) A caregiver who violates subsection (b) of this section shall be:


(1) imprisoned for not more than seven years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct.


(2) imprisoned for not more than 25 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.


CREDIT(S)


2005, No. 79, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1380


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1380. Financial exploitation


(a) No person shall willfully use, withhold, transfer, or dispose of funds or property of a vulnerable adult, without or in excess of legal authority, for wrongful profit or advantage. No person shall willfully acquire possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud.


(b) A person who violates subsection (a) of this section, and exploits money, funds, or property of no more than $500.00 in value, shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.


(c) A person who violates subsection (a) of this section, and exploits money, funds, or property in excess of $500.00 in value, shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.


CREDIT(S)


2005, No. 79, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1381


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1381. Exploitation of services


Any person who willfully forces or compels a vulnerable adult against his or her will to perform services for the profit or advantage of another shall be imprisoned not more than two years or fined not more than $10,000.00, or both.


CREDIT(S)


2005, No. 79, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1382


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1382. Deferred sentence


Notwithstanding the limitation of subsection 7041(a) of this title, a court may, on the motion of a party or on its own motion, with or without the consent of the state's attorney, defer sentencing for a misdemeanor violation of this chapter and place the defendant on probation upon such terms and conditions as it may require.


CREDIT(S)


2005, No. 79, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1383


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1383. Adult abuse registry


A person who is convicted of a crime under this chapter shall be placed on the adult abuse registry. A deferred sentence is considered a conviction for purposes of the adult abuse registry.


CREDIT(S)


2005, No. 79, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1384


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1384. Civil action; recovery by attorney general


(a) The attorney general may bring an action for damages on behalf of the state against a person or caregiver who, with reckless disregard or with knowledge, violates section 1376 (abuse of a vulnerable adult), 1377 (abuse by unlawful restraint or confinement), 1378 (neglect of a vulnerable adult), 1380 (financial exploitation), or 1381 (exploitation of services) of this title, in addition to any other remedies provided by law, not to exceed the following:


(1) $5,000.00 if no bodily injury results;


(2) $10,000.00 if bodily injury results;


(3) $20,000.00 if serious bodily injury results; and


(4) $50,000.00 if death results.


(b) In a civil action brought under this section, the defendant shall have a right to a jury trial.


(c) A good faith report of abuse, neglect, exploitation, or suspicion thereof pursuant to 33 V.S.A. § 6902 or federal law shall not alone be sufficient evidence that a person acted in reckless disregard for purposes of subsection (a) of this section.


CREDIT(S)


2011, Adj. Sess., No. 141, § 1, eff. July 1, 2012.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1385


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1385. Civil investigation


(a)(1) If the attorney general has reason to believe a person or caregiver has violated section 1376, 1377, 1378, 1380, or 1381 of this title or an administrative rule adopted pursuant to those sections, he or she may:


(A) examine or cause to be examined any books, records, papers, memoranda, and physical objects of whatever nature bearing upon each alleged violation.


(B) demand written responses under oath to questions bearing upon each alleged violation.


(C) require the attendance of such person or of any other person having knowledge on the premises in the county where such person resides or has a place of business or in Washington County if such person is a nonresident or has no place of business within the state.


(D) take testimony and require proof material for his or her information and administer oaths or take acknowledgment in respect of any book, record, paper, or memorandum.


(2) The attorney general shall serve notice of the time, place, and cause of such examination or attendance or notice of the cause of the demand for written responses at least ten days prior to the date of such examination, personally or by certified mail, upon such person at his or her principal place of business or, if such place is not known, to his or her last known address. Any book, record, paper, memorandum, or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of this state for good cause shown, be disclosed to any person other than the authorized agent or representative of the attorney general or another law enforcement officer engaged in legitimate law enforcement activities unless with the consent of the person producing the same. This subsection shall not apply to any criminal investigation or prosecution.


(b) A person upon whom a notice is served pursuant to this section shall comply with the terms thereof unless otherwise provided by the court order. Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject of any such notice or mistakes or conceals any information shall be subject to a civil fine of not more than $5,000.00.


(c) If a person fails to comply with a notice served pursuant to subsection (b) of this section or if satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney general may file a petition with the superior court for enforcement of this section. Whenever any petition is filed under this section, the court shall have jurisdiction to hear and determine the matter presented and to enter such orders as may be required to effectuate the provisions of this section. Failure to comply with an order issued pursuant to this section shall be punished as contempt.


CREDIT(S)


2011, Adj. Sess., No. 141, § 2, eff. July 1, 2012.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.


Chapter 5. Specific Offenses

Tags:45 DE (0.3%)


Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter II. Offenses Against the Person

Subpart C. Abortion and Related Offenses

§ 651. Abortion; class F felony


A person is guilty of abortion when the person commits upon a pregnant female an abortion which causes the miscarriage of the female, unless the abortion is a therapeutic abortion.


Abortion is a class F felony.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.


Codifications: 11 Del.C. 1953, § 651


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 652


Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter II. Offenses Against the Person

Subpart C. Abortion and Related Offenses

§ 652. Self-abortion; class A misdemeanor


A female is guilty of self-abortion when she, being pregnant, commits or submits to an abortion upon herself which causes her abortion, unless the abortion is a therapeutic abortion.


Self-abortion is a class A misdemeanor.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.


Codifications: 11 Del.C. 1953, § 652


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 653


Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter II. Offenses Against the Person

Subpart C. Abortion and Related Offenses

§ 653. Issuing abortional articles; class B misdemeanor


A person is guilty of issuing abortional articles when the person manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in committing an abortion upon a female in circumstances which would constitute a crime defined by this Criminal Code.


Issuing abortional articles is a class B misdemeanor.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.


Codifications: 11 Del.C. 1953, § 653


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 654


Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter II. Offenses Against the Person

Subpart C. Abortion and Related Offenses

§ 654. "Abortion" defined


"Abortion" means an act committed upon or with respect to a female, whether by another person or by the female herself, whether directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause a miscarriage of such female.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.


Codifications: 11 Del.C. 1953, § 654


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 761


Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Tags:23 AL (1.5%)

Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-130. Domestic violence -- First degree.



(a) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20 or aggravated stalking pursuant to Section 13A-6-91, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection.




(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the first degree.




CREDIT(S)


(Act 2000-266, p. 411, § 1; Act 2011-581, p. 1273, § 1.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-131

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-131. Domestic violence -- Second degree.



(a) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.




(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the second degree.




CREDIT(S)


(Act 2000-266, p. 411, § 2; Act 2011-581, p. 1273, § 1.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-132

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-132. Domestic violence -- Third degree.



(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor.




(b) The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.




(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.




(d) A third or subsequent conviction under subsection (a) is a Class C felony.




(e) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.




CREDIT(S)


(Act 2000-266, p. 411, § 3; Act 2011-581, p. 1273, § 1.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-133

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-133. Arrest without warrant -- Generally.



For the purposes of an arrest without a warrant pursuant to Section 15-10-3, the crimes of domestic violence in the first, second, and third degrees, and domestic violence by strangulation or suffocation shall be an offense involving domestic violence. A warrantless arrest for an offense involving domestic violence made pursuant to subdivision (8) of subsection (a) of Section 15-10-3, shall include a charge of a crime of domestic violence under this article.




CREDIT(S)


(Act 2000-266, p. 411, § 4; Act 2011-581, p. 1273, § 1.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-134

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-134. Arrest without warrant -- Determination of predominant aggressor.



(a) If a law enforcement officer receives complaints of domestic violence from two or more opposing persons, or if both parties have injuries the officer shall evaluate each complaint separately to determine who was the predominant aggressor. If the officer determines that one person was the predominant physical aggressor, the officer need not arrest the other person alleged to have committed domestic violence. In determining whether a person is the predominant aggressor the officer shall consider all of the following:




(1) Prior complaints of domestic violence.



(2) The relative severity of the injuries inflicted on each person, including whether the injuries are offensive versus defensive in nature.



(3) The likelihood of future injury to each person.



(4) Whether one of the persons acted in self-defense.



(b) A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage the request for intervention by law enforcement by any party or base the decision to arrest or not to arrest on either of the following:




(1) The specific consent or request of the victim.



(2) The officer's perception of the willingness of a victim of or witness to the domestic violence to testify or otherwise participate in a judicial proceeding.




CREDIT(S)


(Act 2000-266, p. 411, § 5; Act 2011-581, p. 1273, § 1.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-135

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-135. Relation to abuse laws.



For the purposes of Chapter 5 of Title 30, the crimes of domestic violence in the first, second, and third degrees shall be included as acts, attempts, or threats of abuse as defined pursuant to Section 30-5-2.




CREDIT(S)


(Act 2000-266, p. 411, § 6.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-136

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-136. Relation to domestic or family abuse laws.



For the purposes of Article 6, Chapter 3 of Title 30, the definition of “domestic or family abuse” includes an incident of domestic violence in the first, second, or third degrees pursuant to this article.




CREDIT(S)


(Act 2000-266, p. 411, § 7.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-137

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-137. Interference with a domestic violence emergency call.



(a) A person commits the crime of interference with a domestic violence emergency call if he or she intentionally hinders, obstructs, disconnects, or in any way prevents the victim from calling for assistance.




(b) Interference with a domestic violence emergency call is a Class B misdemeanor.




CREDIT(S)


(Act 2011-581, p. 1273, § 2.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-138

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-138. Domestic violence by strangulation or suffocation.



(a) For the purposes of this section, the following terms have the following meanings:




(1) QUALIFIED RELATIONSHIP. The victim is a spouse, former spouse, parent, stepparent, child, stepchild, or a person with whom the defendant has a child in common, or with whom the defendant has or had a dating or engagement relationship within 10 months preceding this event.



(2) STRANGULATION. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck.



(3) SUFFOCATION. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation as defined in this section.



(b) A person commits the crime of domestic violence by strangulation or suffocation if the person commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation against a person with whom the defendant has a qualified relationship.




(c) Domestic violence by strangulation or suffocation is a Class B felony punishable as provided by law.




CREDIT(S)


(Act 2011-581, p. 1273, § 3.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-139

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7. . Domestic Violence and Related Offenses. (Refs & Annos)

§ 13A-6-139. Costs of prosecution or warrant recall of domestic violence, stalking, or sexual assault offenses.



Notwithstanding any other provision of law, no court costs shall be assessed against any victim of domestic violence, stalking, or sexual assault in connection with the prosecution or warrant recall of a domestic violence, stalking, or sexual assault offense.




CREDIT(S)


(Act 2011-581, p. 1273, § 4.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 T. 13A, Ch. 6, Art. 7A, Refs & Annos

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person.

Article 7A. . Domestic Violence Protection Order Enforcement Act.


 

Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-140

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7A. . Domestic Violence Protection Order Enforcement Act. (Refs & Annos)

§ 13A-6-140. Short title; purpose.



(a) This article shall be known as the Domestic Violence Protection Order Enforcement Act.




(b) The purpose of this article is to define the crime of violation of a domestic violence order.




CREDIT(S)


(Acts 1993, No. 93-325, p. 495, § 1; § 30-5A-1; Act 2011-691, p. 2113, § 1.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-141

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7A. . Domestic Violence Protection Order Enforcement Act. (Refs & Annos)

§ 13A-6-141. Definitions.



As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:




(1) DOMESTIC VIOLENCE ORDER. A domestic violence order is any protection order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive. The term includes the following: a. A restraining order, injunctive order, or order of release from custody which has been issued in a circuit, district, municipal, or juvenile court in a domestic relations or family violence case; b. an order issued by municipal, district, or circuit court which places conditions on the pre-trial release on defendants in criminal cases, including provisions of bail pursuant to Section 15-13-190; c. an order issued by another state or territory which may be enforced under Sections 30-5B-1 through 30-5B-10. Restraining or protection orders not issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, must specify that a history of violence or abuse exists for the provisions of this chapter to apply.



(2) VIOLATION. The knowing commission of any act prohibited by a domestic violence order or any willful failure to abide by its terms.




CREDIT(S)


(Acts 1993, No. 93-325, p. 495, § 2; § 30-5A-2; Act 2011-691, p. 2113, § 1.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-142

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7A. . Domestic Violence Protection Order Enforcement Act. (Refs & Annos)

§ 13A-6-142. Violations; penalties.



(a) A violation of a domestic violence order, is a Class A misdemeanor which shall be punishable as provided by law.




(b) A second conviction for violation of a domestic violence order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 days imprisonment which may not be suspended. A third or subsequent conviction shall, in addition to any other penalty or fine, be punishable by a minimum sentence of 120 days imprisonment which may not be suspended.




CREDIT(S)


(Acts 1993, No. 93-325, p. 495, § 3; Acts 1996, No. 96-527, p. 684, § 1; § 30-5A-3; Act 2011-691, p. 2113, § 1.)




Current through Act 2013-172 of the 2013 Regular Session.




Ala.Code 1975 § 13A-6-143

 


Code of Alabama Currentness

Title 13A. Criminal Code. (Refs & Annos)

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Article 7A. . Domestic Violence Protection Order Enforcement Act. (Refs & Annos)

§ 13A-6-143. Arrest for violation of article.



A law enforcement officer may arrest any person for the violation of this article if the officer has probable cause to believe that the person has violated any provision of a valid domestic violence order, whether temporary or permanent. The presentation of a domestic violence order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this article, the order may be inscribed on a tangible copy or may be stored in an electronic or other medium if it is retrievable in a detectable form. Presentation of a certified copy of the domestic violence order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence order is not presented to or otherwise confirmed by a law enforcement officer, the officer may consider other information in determining whether there is probable cause to believe that a valid domestic violence order exists. The law enforcement officer may arrest the defendant without a warrant although he or she did not personally see the violation. Knowledge by the officer of the existence or contents of, or both, or presentation to the officer by the complainant of, a domestic violence order shall constitute prima facie evidence of the validity of the order.




If a law enforcement officer of this state determines that an otherwise valid domestic violence order cannot be enforced because the defendant has not been notified or served with the domestic violence order, the law enforcement officer shall inform the defendant of the order and allow the person a reasonable opportunity to comply with the order's provisions before enforcing the order. In the event the law enforcement officer provides notice of the domestic violence order to the defendant, the officer shall document this fact in the written report.




CREDIT(S)


(Acts 1993, No. 93-325, p. 495, § 4; § 30-5A-4; Act 2011-691, p. 2113, § 1.)




Current through Act 2013-172 of the 2013 Regular Session.



Chapter 4. Crimes Against the Person

Tags:12 VA (2.6%)

VA Code Ann. § 18.2-71


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-71. Producing abortion or miscarriage, etc.; penalty


Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or other thing, or use means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage, he shall be guilty of a Class 4 felony.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-71.1


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-71.1. Partial birth infanticide; penalty


A. Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.


B. For the purposes of this section, “partial birth infanticide” means any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed.


The term “partial birth infanticide” shall not under any circumstances be construed to include any of the following procedures: (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered.


C. For the purposes of this section, “human infant who has been born alive” means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.


D. For purposes of this section, “substantially expelled or extracted from its mother” means, in the case of a headfirst presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother.


E. This section shall not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure shall not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother.


F. The mother may not be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section.


CREDIT(S)


Acts 2003, c. 961; Acts 2003, c. 963.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-72


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-72. When abortion lawful during first trimester of pregnancy


Notwithstanding any of the provisions of § 18.2-71, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the first trimester of pregnancy.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-73


Effective: July 1, 2009


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-73. When abortion lawful during second trimester of pregnancy


Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of § 18.2-72, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to the third trimester of pregnancy provided such procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15; Acts 2009, c. 813; Acts 2009, c. 840.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-74


Effective: July 1, 2009


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy


Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of §§ 18.2-72 and 18.2-73, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in a stage of pregnancy subsequent to the second trimester provided the following conditions are met:


(a) Said operation is performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.


(b) The physician and two consulting physicians certify and so enter in the hospital record of the woman, that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.


(c) Measures for life support for the product of such abortion or miscarriage must be available and utilized if there is any clearly visible evidence of viability.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15; Acts 2009, c. 813; Acts 2009, c. 840.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-74.1


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-74.1. Abortion, etc., when necessary to save life of woman


In the event it is necessary for a licensed physician to terminate a human pregnancy or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in order to save her life, in the opinion of the physician so performing the abortion or causing the miscarriage, §§ 18.2-71, 18.2-73 and 18.2-74 shall not be applicable.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-74.2


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-74.2. Repealed by Acts 2003, cc. 961 and 963



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-75


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-75. Conscience clause


Nothing in §§ 18.2-72, 18.2-73 or § 18.2-74 shall require a hospital or other medical facility or physician to admit any patient under the provisions hereof for the purpose of performing an abortion. In addition, any person who shall state in writing an objection to any abortion or all abortions on personal, ethical, moral or religious grounds shall not be required to participate in procedures which will result in such abortion, and the refusal of such person, hospital or other medical facility to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person, nor shall any such person be denied employment because of such objection or refusal. The written objection shall remain in effect until such person shall revoke it in writing or terminate his association with the facility with which it is filed.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-76


Effective: July 1, 2012


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-76. Informed written consent required; civil penalty


A. Before performing any abortion or inducing any miscarriage or terminating a pregnancy as provided in § 18.2-72, 18.2-73, or 18.2-74, the physician shall obtain the informed written consent of the pregnant woman. However, if the woman has been adjudicated incapacitated by any court of competent jurisdiction or if the physician knows or has good reason to believe that such woman is incapacitated as adjudicated by a court of competent jurisdiction, then only after permission is given in writing by a parent, guardian, committee, or other person standing in loco parentis to the woman, may the physician perform the abortion or otherwise terminate the pregnancy.


B. At least 24 hours before the performance of an abortion, a qualified medical professional trained in sonography and working under the supervision of a physician licensed in the Commonwealth shall perform fetal transabdominal ultrasound imaging on the patient undergoing the abortion for the purpose of determining gestational age. If the pregnant woman lives at least 100 miles from the facility where the abortion is to be performed, the fetal ultrasound imaging shall be performed at least two hours before the abortion. The ultrasound image shall contain the dimensions of the fetus and accurately portray the presence of external members and internal organs of the fetus, if present or viewable. Determination of gestational age shall be based upon measurement of the fetus in a manner consistent with standard medical practice in the community for determining gestational age. When only the gestational sac is visible during ultrasound imaging, gestational age may be based upon measurement of the gestational sac. If gestational age cannot be determined by a transabdominal ultrasound, then the patient undergoing the abortion shall be verbally offered other ultrasound imaging to determine gestational age, which she may refuse. A print of the ultrasound image shall be made to document the measurements that have been taken to determine the gestational age of the fetus.


The provisions of this subsection shall not apply if the woman seeking an abortion is the victim of rape or incest, if the incident was reported to law-enforcement authorities. Nothing herein shall preclude the physician from using any ultrasound imaging that he considers to be medically appropriate pursuant to the standard medical practice in the community.


C. The qualified medical professional performing fetal ultrasound imaging pursuant to subsection B shall verbally offer the woman an opportunity to view the ultrasound image, receive a printed copy of the ultrasound image and hear the fetal heart tones pursuant to standard medical practice in the community, and shall obtain from the woman written certification that this opportunity was offered and whether or not it was accepted and, if applicable, verification that the pregnant woman lives at least 100 miles from the facility where the abortion is to be performed. A printed copy of the ultrasound image shall be maintained in the woman's medical record at the facility where the abortion is to be performed for the longer of (i) seven years or (ii) the extent required by applicable federal or state law.


D. For purposes of this section:


“Informed written consent” means the knowing and voluntary written consent to abortion by a pregnant woman of any age, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion by the physician who is to perform the abortion or his agent. The basic information to effect such consent, as required by this subsection, shall be provided by telephone or in person to the woman at least 24 hours before the abortion by the physician who is to perform the abortion, by a referring physician, or by a licensed professional or practical nurse working under the direct supervision of either the physician who is to perform the abortion or the referring physician; however, the information in subdivision 5 may be provided instead by a licensed health-care professional working under the direct supervision of either the physician who is to perform the abortion or the referring physician. This basic information shall include:


1. A full, reasonable and comprehensible medical explanation of the nature, benefits, and risks of and alternatives to the proposed procedures or protocols to be followed in her particular case;


2. An instruction that the woman may withdraw her consent at any time prior to the performance of the procedure;


3. An offer for the woman to speak with the physician who is to perform the abortion so that he may answer any questions that the woman may have and provide further information concerning the procedures and protocols;


4. A statement of the probable gestational age of the fetus at the time the abortion is to be performed and that fetal ultrasound imaging shall be performed prior to the abortion to confirm the gestational age; and


5. An offer to review the printed materials described in subsection F. If the woman chooses to review such materials, they shall be provided to her in a respectful and understandable manner, without prejudice and intended to give the woman the opportunity to make an informed choice and shall be provided to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by first-class mail or, if the woman requests, by certified mail, restricted delivery. This offer for the woman to review the material shall advise her of the following: (i) the Department of Health publishes printed materials that describe the unborn child and list agencies that offer alternatives to abortion; (ii) medical assistance benefits may be available for prenatal care, childbirth and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials published by the Department; (iii) the father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion, that assistance in the collection of such support is available, and that more detailed information on the availability of such assistance is contained in the printed materials published by the Department; (iv) she has the right to review the materials printed by the Department and that copies will be provided to her free of charge if she chooses to review them; and (v) a statewide list of public and private agencies and services that provide ultrasound imaging and auscultation of fetal heart tone services free of charge. Where the woman has advised that the pregnancy is the result of a rape, the information in clause (iii) may be omitted.


The information required by this subsection may be provided by telephone or in person.


E. The physician need not obtain the informed written consent of the woman when the abortion is to be performed pursuant to a medical emergency or spontaneous miscarriage. “Medical emergency” means any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function.


F. On or before October 1, 2001, the Department of Health shall publish, in English and in each language which is the primary language of two percent or more of the population of the Commonwealth, the following printed materials in such a way as to ensure that the information is easily comprehensible:


1. Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth and while the child is dependent, including, but not limited to, information on services relating to (i) adoption as a positive alternative, (ii) information relative to counseling services, benefits, financial assistance, medical care and contact persons or groups, (iii) paternity establishment and child support enforcement, (iv) child development, (v) child rearing and stress management, (vi) pediatric and maternal health care, and (vii) public and private agencies and services that provide ultrasound imaging and auscultation of fetal heart tone services free of charge. The materials shall include a comprehensive list of the names and telephone numbers of the agencies, or, at the option of the Department of Health, printed materials including a toll-free, 24-hour-a-day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer;


2. Materials designed to inform the woman of the probable anatomical and physiological characteristics of the human fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term, including any relevant information on the possibility of the fetus's survival and pictures or drawings representing the development of the human fetus at two-week gestational increments. Such pictures or drawings shall contain the dimensions of the fetus and shall be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental and designed to convey only accurate scientific information about the human fetus at the various gestational ages; and


3. Materials containing objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion, and the medical risks commonly associated with carrying a child to term.


The Department of Health shall make these materials available at each local health department and, upon request, to any person or entity, in reasonable numbers and without cost to the requesting party.


G. Any physician who fails to comply with the provisions of this section shall be subject to a $2,500 civil penalty.


CREDIT(S)


Acts 2003, c. 784. Amended by Acts 2012, c. 131.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-76.1


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-76.1. Encouraging or promoting abortion


If any person, by publication, lecture, advertisement, or by the sale or circulation of any publication, or through the use of a referral agency for profit, or in any other manner, encourage or promote the performing of an abortion or the inducing of a miscarriage in this Commonwealth which is prohibited under this article, he shall be guilty of a Class 3 misdemeanor.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-76.2


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 9. Abortion (Refs & Annos)

§ 18.2-76.2. Omitted



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. T. 18.2, Ch. 5, Refs & Annos


Chapter 163. Offenses Against Persons

Tags:27 OR (1.2%)

O.R.S. § 163.505

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.505. Definitions

As used in ORS 163.505 to 163.575, unless the context requires otherwise:

(1) “Controlled substance” has the meaning given that term in ORS 475.005.

(2) “Descendant” includes persons related by descending lineal consanguinity, stepchildren and lawfully adopted children.

(3) “Precursor substance” has the meaning given that term in ORS 475.940.

(4) “Support” includes, but is not limited to, necessary and proper shelter, food, clothing, medical attention and education.

CREDIT(S)

Laws 1971, c. 743, § 170; Laws 2005, c. 708, § 3, eff. Aug. 16, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.515

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.515. Bigamy

(1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married.

(2) Bigamy is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 171.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.525

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.525. Incest

(1) A person commits the crime of incest if the person marries or engages in sexual intercourse or deviate sexual intercourse with a person whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant or brother or sister of either the whole or half blood.

(2) Incest is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 172.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.535

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.535. Abandonment of a child

(1) A person commits the crime of abandonment of a child if, being a parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age, the person deserts the child in any place with intent to abandon it.

(2) Abandonment of a child is a Class C felony.

(3) It is an affirmative defense to a charge of violating subsection (1) of this section that the child was left in accordance with ORS 418.017.

CREDIT(S)

Laws 1971, c. 743, § 173; Laws 2001, c. 597, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.537

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.537. Buying or selling a person under 18 years of age

(1) A person commits the crime of buying or selling a person under 18 years of age if the person buys, sells, barters, trades or offers to buy or sell the legal or physical custody of a person under 18 years of age.

(2) Subsection (1) of this section does not:

(a) Prohibit a person in the process of adopting a child from paying the fees, costs and expenses related to the adoption as allowed in ORS 109.311.

(b) Prohibit a negotiated satisfaction of child support arrearages or other settlement in favor of a parent of a child in exchange for consent of the parent to the adoption of the child by the current spouse of the child's other parent.

(c) Apply to fees for services charged by the Department of Human Services or adoption agencies licensed under ORS 412.001 to 412.161 and 412.991 and ORS chapter 418.

(d) Apply to fees for services in an adoption pursuant to a surrogacy agreement.

(e) Prohibit discussion or settlement of disputed issues between parties in a domestic relations proceeding.

(3) Buying or selling a person under 18 years of age is a Class B felony.

CREDIT(S)

Laws 1997, c. 561, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.545

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.545. Child neglect in the second degree

(1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child.

(2) Child neglect in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 174; Laws 1991, c. 832, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.547

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.547. Child neglect in the first degree

(1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay:

(A) In a vehicle where controlled substances are being criminally delivered or manufactured;

(B) In or upon premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit or where a chemical reaction involving one or more precursor substances:

(i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

(ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885; or

(C) In or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

(b) As used in this subsection, “vehicle” and “premises” do not include public places, as defined in ORS 161.015.

(2) Child neglect in the first degree is a Class B felony.

(3) Subsection (1) of this section does not apply if the controlled substance is marijuana and is delivered for no consideration.

(4) The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine.

CREDIT(S)

Laws 1991, c. 832, § 1; Laws 2001, c. 387, § 1; Laws 2001, c. 870, § 11; Laws 2005, c. 708, § 2, eff. Aug. 16, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.555

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.555. Criminal nonsupport

(1) A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person knowingly fails to provide support for such child.

(2) It is no defense to a prosecution under this section that either parent has contracted a subsequent marriage, that issue has been born of a subsequent marriage, that the defendant is the parent of issue born of a prior marriage or that the child is being supported by another person or agency.

(3) It is an affirmative defense to a prosecution under this section that the defendant has a lawful excuse for failing to provide child support.

(4) If the defendant intends to rely on the affirmative defense created in subsection (3) of this section, the defendant must give the district attorney written notice of the intent to do so at least 30 days prior to trial. The notice must describe the nature of the lawful excuse upon which the defendant proposes to rely. If the defendant fails to file notice as required by this subsection, the defendant may not introduce evidence of a lawful excuse unless the court finds there was just cause for the defendant's failure to file the notice within the required time.

(5) Criminal nonsupport is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 175; Laws 1993, c. 33, § 308; Laws 1999, c. 954, § 3; Laws 2005, c. 502, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.565

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.565. Paternity, prima facie evidence, confidential communications

(1) Proof that a child was born to a woman during the time a man lived and cohabited with her, or held her out as his wife, is prima facie evidence that he is the father of the child. This subsection does not exclude any other legal evidence tending to establish the parental relationship.

(2) No provision of law prohibiting the disclosure of confidential communications between husband and wife apply to prosecutions for criminal nonsupport. A husband or wife is a competent and compellable witness for or against either party.

CREDIT(S)

Laws 1971, c. 743, § 176.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.575

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.575. Endangering the welfare of a minor

(1) A person commits the crime of endangering the welfare of a minor if the person knowingly:

(a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined by ORS 167.060; or

(b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances is maintained or conducted; or

(c) Induces, causes or permits a person under 18 years of age to participate in gambling as defined by ORS 167.117; or

(d) Distributes, sells, or causes to be sold, tobacco in any form to a person under 18 years of age; or

(e) Sells to a person under 18 years of age any device in which tobacco, marijuana, cocaine or any controlled substance, as defined in ORS 475.005, is burned and the principal design and use of which is directly or indirectly to deliver tobacco smoke, marijuana smoke, cocaine smoke or smoke from any controlled substance into the human body including but not limited to:

(A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

(B) Carburetion tubes and devices, including carburetion masks;

(C) Bongs;

(D) Chillums;

(E) Ice pipes or chillers;

(F) Cigarette rolling papers and rolling machines; and

(G) Cocaine free basing kits.

(2) Endangering the welfare of a minor by violation of subsection (1)(a), (b), (c) or (e) of this section, involving other than a device for smoking tobacco, is a Class A misdemeanor.

(3) Endangering the welfare of a minor by violation of subsection (1)(d) of this section or by violation of subsection (1)(e) of this section, involving a device for smoking tobacco, is a Class A violation.

CREDIT(S)

Laws 1971, c. 743, § 177; Laws 1973, c. 827, § 20; Laws 1979, c. 744, § 8; Laws 1981, c. 838, § 1; Laws 1983, c. 740, § 31; Laws 1991, c. 970, § 5; Laws 1995, c. 79, § 52; Laws 1999, c. 1051, § 153; Laws 2011, c. 597, § 79, eff. July 1, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.577

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.577. Failing to supervise a child

(1) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child:

(a) Commits an act that brings the child within the jurisdiction of the juvenile court under ORS 419C.005;

(b) Violates a curfew law of a county or any other political subdivision; or

(c) Fails to attend school as required under ORS 339.010.

(2) Nothing in this section applies to a child-caring agency as defined in ORS 418.205 or to foster parents.

(3) In a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, it is an affirmative defense that the person:

(a) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or

(b) Reported the act to the appropriate authorities.

(4) In a prosecution of a person for failing to supervise a child under subsection (1) of this section, it is an affirmative defense that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.

(5)(a) Except as provided in subsection (6) or (7) of this section, in a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, the court shall order the person to pay restitution under ORS 137.103 to 137.109 to a victim for economic damages arising from the act of the child that brings the child within the jurisdiction of the juvenile court.

(b) The amount of restitution ordered under this subsection may not exceed $2,500.

(6) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has not previously been convicted of failing to supervise a child, the court:

(a) Shall warn the person of the penalty for future convictions of failing to supervise a child and shall suspend imposition of sentence.

(b) May not order the person to pay restitution under this section.

(7)(a) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has only one prior conviction for failing to supervise a child, the court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the court. Upon the person's completion of the parent effectiveness program to the satisfaction of the court, the court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the court, the court may impose a sentence authorized by this section.

(b) There may be only one suspension of sentence under this subsection with respect to a person.

(8) The juvenile court has jurisdiction over a first offense of failing to supervise a child under this section.

(9) Failing to supervise a child is a Class A violation.

CREDIT(S)

Laws 1995, c. 593, § 1; Laws 1999, c. 1051, § 154; Laws 2003, c. 670, § 5; Laws 2005, c. 564, § 8.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.580

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.580. Sale of smoking devices; signs

(1) Any person who sells any of the smoking devices listed in ORS 163.575 (1)(e) shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law.

(2) Any person who violates this section commits a Class B violation.

CREDIT(S)

Laws 1981, c. 838, § 2; Laws 1999, c. 1051, § 155.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.605

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.605. Laws 1971, c. 743, § 287; repealed by Laws 1985, c. 366, § 1

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.610

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.610. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.620

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.620. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.630

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.630. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.635

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.635. Laws 1955, c. 308, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.640

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.640. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.650

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.650. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.660

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.660. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


Chapter 35. Child Stealing

Tags:28 OK (1.2%)

21 Okl.St.Ann. § 891

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 35. Child Stealing

§ 891. Child stealing--Penalty


Whoever maliciously, forcibly or fraudulently takes or entices away any child under the age of sixteen (16) years, with intent to detain or conceal such child from its parent, guardian or other person having the lawful charge of such child or to transport such child from the jurisdiction of this state or the United States without the consent of the person having lawful charge of such child shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years.


Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section and the offense involved sexual abuse or sexual exploitation, shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.


CREDIT(S)


R.L.1910, § 2435; Laws 1997, c. 133, § 265, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 169, eff. July 1, 1999; Laws 2000, c. 370, § 13, eff. July 1, 2000; Laws 2007, c. 261, § 10, eff. Nov. 1, 2007; Laws 2008, c. 438, § 1, eff. July 1, 2008.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)


Tag Index

Updated:6/20/2013 1:52 PM
Tags:01 CA (12.1%), 02 TX (8.3%), 03 NY (6.2%), 04 FL (6.2%), 05 IL (4.1%), 06 PA (4.1%), 07 OH (3.7%), 08 GA (3.2%), 09 MI (3.2%), 10 NC (3.1%), 11 NJ (2.8%), 12 VA (2.6%), 13 WA (2.2%), 14 MA (2.1%), 15 AZ (2.1%), 16 IN (2.1%), 17 TN (2.1%), 18 MO (1.9%), 19 MD (1.9%), 20 WI (1.8%), 21 MN (1.7%), 22 CO (1.6%), 23 AL (1.5%), 24 SC (1.5%), 25 LA (1.5%), 26 KY (1.4%), 27 OR (1.2%), 28 OK (1.2%), 29 CT (1.1%), 30 IA (1.0%), 31 MS (1.0%), 32 AR (0.9%), 33 KS (0.9%), 34 UT (0.9.%), 35 NV (0.9%), 36 NM (0.7%), 37 NE (0.6%), 38 WV (0.6%), 39 ID (0.5%), 40 HI (0.4%), 41 ME (0.4%), 42 NH (0.4%), 43 RI (0.3%), 44 MT (0.3%), 45 DE (0.3%), 46 SD (0.3%), 47 AK (0.2%), 48 ND (0.2%), 49 DC (0.2%), 50 VT (0.2%), 51 WY (0.2%), Federal, Model Penal Code, National Commission



Title 18. Criminal Code

Tags:22 CO (1.6%)

C.R.S.A. T. 18, Art. 3.5, Refs & Annos



West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 3.5. Unlawful Termination of Pregnancy



Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-3.5-101



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3.5. Unlawful Termination of Pregnancy (Refs & Annos)

§ 18-3.5-101. Unlawful termination of pregnancy



(1) A person commits the offense of unlawful termination of a pregnancy if, with intent to terminate unlawfully the pregnancy of another person, the person unlawfully terminates the other person's pregnancy.



(2) Unlawful termination of a pregnancy is a class 4 felony.



CREDIT(S)


Added by Laws 2003, Ch. 340, § 2, eff. July 1, 2003.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-3.5-102



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 3.5. Unlawful Termination of Pregnancy (Refs & Annos)

§ 18-3.5-102. Exclusions



Nothing in this article shall permit the prosecution of a person for providing medical treatment, including but not limited to an abortion, in utero treatment, or treatment resulting in live birth, to a pregnant woman for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which consent is implied by law.




CREDIT(S)


Added by Laws 2003, Ch. 340, § 2, eff. July 1, 2003.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


Chapter 8. Crimes Involving Morals and Decency

Tags:12 VA (2.6%)

VA Code Ann. § 18.2-344


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 3. Sexual Offenses, Prostitution, Etc. (Refs & Annos)

§ 18.2-344. Fornication


Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.


VALIDITY


<Section 18.2-344 was held unconstitutional by the Supreme Court of Virginia in Martin v. Ziherl, 607 S.E.2d 367 (Va. 2005).>



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-345


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 3. Sexual Offenses, Prostitution, Etc. (Refs & Annos)

§ 18.2-345. Lewd and lascivious cohabitation


If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open and gross lewdness and lasciviousness, each of them shall be guilty of a Class 3 misdemeanor; and upon a repetition of the offense, and conviction thereof, each of them shall be guilty of a Class 1 misdemeanor.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


Chapter 17. Offenses Against Public Policy

Tags:24 SC (1.5%)

Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-490. Contributing to delinquency of a minor.


It shall be unlawful for any person over eighteen years of age to knowingly and wilfully encourage, aid or cause or to do any act which shall cause or influence a minor:


(1) To violate any law or any municipal ordinance;


(2) To become and be incorrigible or ungovernable or habitually disobedient and beyond the control of his or her parent, guardian, custodian or other lawful authority;


(3) To become and be habitually truant;


(4) To without just cause and without the consent of his or her parent, guardian or other custodian, repeatedly desert his or her home or place of abode;


(5) To engage in any occupation which is in violation of law;


(6) To associate with immoral or vicious persons;


(7) To frequent any place the existence of which is in violation of law;


(8) To habitually use obscene or profane language;


(9) To beg or solicit alms in any public places under any pretense;


(10) To so deport himself or herself as to wilfully injure or endanger his or her morals or health or the morals or health of others.


Any person violating the provisions of this section shall upon conviction be fined not more than three thousand dollars or imprisoned for not more than three years, or both, in the discretion of the court.


This section is intended to be cumulative and shall not be construed so as to defeat prosecutions under any other law which is applicable to unlawful acts embraced herein.


The provisions of this section shall not apply to any school board of trustees promulgating rules and regulations as authorized by § 59-19-90(3) which prescribe standards of conduct and behavior in the public schools of the district. Provided, however, that any such rule or regulation which contravenes any portion of the provisions of this section shall first require the consent of the parent or legal guardian of the minor or minors concerned.


CREDIT(S)


HISTORY: 1962 Code § 16-555.1; 1957 (50) 572, 1971 (57) 848; 1976 Act No. 629.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-495


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 17. Offenses Against Public Policy

Article 7. Miscellaneous Offenses

§ 16-17-495. Custodial interference.


(A)(1) When a court of competent jurisdiction in this State or another state has awarded custody of a child under the age of sixteen years or when custody of a child under the age of sixteen years is established pursuant to Section 63-17-20(B), it is unlawful for a person with the intent to violate the court order or Section 63-17-20(B) to take or transport, or cause to be taken or transported, the child from the legal custodian for the purpose of concealing the child, or circumventing or avoiding the custody order or statute.


(2) When a pleading has been filed and served seeking a determination of custody of a child under the age of sixteen, it is unlawful for a person with the intent to circumvent or avoid the custody proceeding to take or transport, or cause to be taken or transported, the child for the purpose of concealing the child, or circumventing or avoiding the custody proceeding. It is permissible to infer that a person keeping a child outside the limits of this State for more than seventy-two hours without notice to a legal custodian intended to violate this subsection.


(B) A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.


(C) If a person who violates subsection (A)(1) or (2) returns the child to the legal custodian or to the jurisdiction of the court in which the custody petition was filed within three days of the violation, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.


(D) Notwithstanding the provisions of this section, if the taking or transporting of a child in violation of subsections (A)(1) or (2), is by physical force or the threat of physical force, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.


(E) A person who violates the provisions of this section may be required by the court to pay necessary travel and other reasonable expenses including, but not limited to, attorney's fees incurred by the party entitled to the custody or by a witness or law enforcement.


CREDIT(S)


HISTORY: 1976 Act No. 592; 1990 Act No. 470, § 1; 1995 Act No. 28, § 1; 1997 Act No. 95, § 4.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-17-500


Chapter 6. Sexual Offenses

Tags:08 GA (3.2%)

Ga. Code Ann., § 16-6-18

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 6. Sexual Offenses (Refs & Annos)

§ 16-6-18. Fornication



An unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor.





CREDIT(S)


Laws 1833, Cobb's 1851 Digest, pp. 814, 815; Laws 1865-66, p. 233, § 2; Laws 1968, p. 1249, § 1.



Formerly Code 1863, § 4419; Code 1868, § 4460; Code 1873, § 4534; Code 1882, § 4534; Penal Code 1895, § 381; Penal Code 1910, § 372; Code 1933, § 26-5801; Code 1933, § 26-2010.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-6-19

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 6. Sexual Offenses (Refs & Annos)

§ 16-6-19. Adultery



A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.





CREDIT(S)


Laws 1833, Cobb's 1851 Digest, pp. 814, 815; Laws 1865-66, p. 233, § 2; Laws 1968, p. 1249, § 1.



Formerly Code 1863, § 4419; Code 1868, § 4460; Code 1873, § 4534; Code 1882, § 4534; Penal Code 1895, § 381; Penal Code 1910, § 372; Code 1933, § 26-5801; Code 1933, § 26-2009.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-6-20

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 6. Sexual Offenses (Refs & Annos)

§ 16-6-20. Bigamy



(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.




(b) It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.




(c) A person convicted of the offense of bigamy shall be punished by imprisonment for not less than one nor more than ten years.




CREDIT(S)


Laws 1833, Cobb's 1851 Digest, p. 814; Laws 1910, p. 61, § 1; Laws 1968, p. 1249, § 1.



Formerly Code 1863, §§ 4415, 4416; Code 1868, §§ 4456, 4457; Code 1873, §§ 4530, 4531; Code 1882, §§ 4530, 4531; Penal Code 1895, §§ 376, 377, 378; Penal Code 1910, §§ 367, 368, 369; Code 1933, §§ 26-5601, 26-5602, 26-5603; Code 1933, § 26-2007.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-6-21

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 6. Sexual Offenses (Refs & Annos)

§ 16-6-21. Marrying a bigamist



(a) An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another.




(b) It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years, during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.




(c) A person convicted of the offense of marrying a bigamist shall be punished by imprisonment for not less than one nor more than ten years.




CREDIT(S)


Laws 1833, Cobb's 1851 Digest, p. 814; Laws 1968, p. 1249, § 1.



Formerly Code 1863, § 4417; Code 1868, § 4458; Code 1873, § 4532; Code 1882, § 4532; Penal Code 1895, § 379; Penal Code 1910, § 370; Code 1933, § 26-5604; Code 1933, § 26-2008.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-6-22

 


Effective: May 20, 2010


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 6. Sexual Offenses (Refs & Annos)

§ 16-6-22. Incest



(a) A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to either by blood or by marriage as follows:




(1) Father and child or stepchild;



(2) Mother and child or stepchild;



(3) Siblings of the whole blood or of the half blood;



(4) Grandparent and grandchild;



(5) Aunt and niece or nephew; or



(6) Uncle and niece or nephew.



(b) A person convicted of the offense of incest shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.




CREDIT(S)


Laws 1833, Cobb's 1851 Digest, p. 814; Laws 1886, p. 30, § 1; Laws 1916, p. 51, § 1; Laws 1968, p. 1249, § 1; Laws 2006, Act 571, § 14, eff. July 1, 2006; Laws 2010, Act 389, § 3, eff. May 20, 2010.



Formerly Code 1863, § 4418; Code 1868, § 4459; Code 1873, § 4533; Code 1882, § 4533; Penal Code 1895, § 380; Penal Code 1910, § 371; Code 1933, § 26-5701; Code 1933, § 26-2006.


Chapter 2. Abandonment and Nonsupport (Refs & Annos)  § 11-2-1. Abandonment or nonsupport of spouse or children

Tags:43 RI (0.3%)

West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 2. Abandonment and Nonsupport (Refs & Annos)

 

 

§ 11-2-1. Abandonment or nonsupport of spouse or children

 


Every person who shall abandon his or her spouse or children, leaving them in danger of becoming a public charge, or who shall neglect to provide according to his or her means for the support of his or her spouse or children, or who shall neglect or refuse to aid in the support of his or her spouse and/

 
or children, except as otherwise provided for in § 11-2-1.1, shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for not more than six (6) months.

[See § 2-1-15 of the General Laws.]


CREDIT(S)


P.L. 1907, ch. 1447, § 2; P.L. 1979, ch. 304, § 2; P.L. 1995, ch. 370, art. 29, § 1;P.L. 1995, ch. 374, § 1.


Codifications: G.L. 1896, ch. 281, § 38; G.L. 1909, ch. 347, § 39; G.L. 1923, ch. 399, § 38; G.L. 1938, ch. 610, § 38.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-2-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 2. Abandonment and Nonsupport (Refs & Annos)

 

 

§ 11-2-1.1. Failure to pay child support

 


(a) Every person who is obligated to pay child support pursuant to an order or decree established by or registered with the family court pursuant to chapter 11 of title 15, who has incurred arrearage of past-due child support in the amount of ten thousand dollars ($10,000), and who shall willfully thereafter, having the means to do so, fail to pay three (3) or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make the subsequent payments and upon conviction shall be punished by imprisonment for a period not to exceed five (5) years.


(b) Every person who has for a period of three (3) years willfully failed to pay any installments of child support in an amount previously set by the court, according to the terms previously set by the court, and who shall thereafter, having the means to do so, fail to pay three (3) or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, shall be guilty of a felony for each instance of failure to make the subsequent payments and upon conviction shall be punished by imprisonment for a period not to exceed five (5) years.


(c) For purposes of this section, “subsequent payments” means those payments or installments due and owing after a person has incurred an arrearage of ten thousand dollars ($10,000) as specified in subsection (a) of this section or those payments or installments due and owing after a person has failed to pay an installment for a period of three (3) years.


(d) The court may in its discretion direct that the sentence be served pursuant to § 12-19-2(b).


[See § 12-1-15 of the General Laws.]


CREDIT(S)


P.L. 1995, ch. 370, art. 29, § 2;P.L. 1995, ch. 374, § 2;P.L. 1996, ch. 404, § 7;P.L. 2003, ch. 208, § 1;P.L. 2003, ch. 367, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-2-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 2. Abandonment and Nonsupport (Refs & Annos)

 

 

§ 11-2-2. Desertion by leaving state--Decree as evidence

 


Any husband or father who without just cause deserts his wife or minor child by going into another state, and leaves them or any or either of them without making reasonable provisions for their support, shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than five (5) years, or both. No civil proceeding in any court shall be held to be a bar to a prosecution pursuant to this section for desertion or nonsupport. In a prosecution pursuant to this section for desertion or nonsupport against a husband, a decree or judgment of any court in a proceeding in which the husband appeared or was personally served with process, establishing the right of the wife to live apart, or her freedom to convey and deal with her property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of that right.


CREDIT(S)


P.L. 1949, ch. 2238, § 1.


Codifications: G.L. 1938, ch. 423, § 9.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-2-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 2. Abandonment and Nonsupport (Refs & Annos)

 

 

§ 11-2-3. Complaints for nonsupport--Liability for costs

 


(a) The director of the department of human services or his or her designee, or chief of police, or director of public welfare of any city or town, or any officer that the town council of any town or the city council of any city may appoint for the purpose, may make a complaint against any person for any of the offenses mentioned in § 11-2-1; and whenever any complaint shall be made by any of the officers listed in this subsection on account of the violation of § 11-2-1, the officer complainant shall not be required to give surety for costs, but shall give his or her personal recognizance and be liable in his or her individual capacity.


(b) Pursuant to § 11-2-1.1, the department of human services, after an investigation to determine the extent of an arrearage and the ability of the obligor to pay the arrearage or some portion of it may refer the case to the attorney general for prosecution in the family court for the county in which the obligor resides, unless the person does not reside within the state, then the prosecution may be brought in the family court for Providence County.


CREDIT(S)


P.L. 1979, ch. 304, § 3; P.L. 1995, ch. 370, art. 29, § 1;P.L. 1995, ch. 374, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-3-1


Chapter 5. Specific Offenses

Tags:45 DE (0.3%)

Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter IV. Offenses Relating to Marriage

§ 1001. Bigamy; class G felony


A person is guilty of bigamy when the person contracts or purports to contract a marriage with another person knowing the person has a living spouse, or knowing the other person has a living spouse.


Bigamy is a class G felony.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 67 Laws 1989, ch. 130, § 8; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.


Codifications: 11 Del.C. 1953, § 1001


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 1002


Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter IV. Offenses Relating to Marriage

§ 1002. Bigamy; defenses


In any prosecution for bigamy it is a defense that, at the time of the allegedly bigamous marriage:


(1) The accused believed, after diligent inquiry, that the prior spouse was dead; or


(2) The parties to the former marriage had been living apart for 7 consecutive years throughout which the accused had no reasonable grounds to believe that the prior spouse was alive; or


(3) A court in any American or foreign jurisdiction had entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the accused did not know that judgment to be invalid; or


(4) The accused otherwise reasonably believed that the accused was legally eligible to remarry.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.


Codifications: 11 Del.C. 1953, § 1002


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 1003


Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter IV. Offenses Relating to Marriage

§ 1003. Bigamous marriage contracted outside the State


Whoever, being a resident of Delaware, goes out of the State and contracts a marriage contrary to § 1001 of this title, intending to return and reside in Delaware, and returns accordingly, is guilty of bigamy.


CREDIT(S)


58 Laws 1972, ch. 497, § 1.


Codifications: 11 Del.C. 1953, § 1003


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 1004


Effective:[See Text Amendments]


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter IV. Offenses Relating to Marriage

§ 1004. Advertising marriage in another state


A person is guilty of advertising marriage in another state when the person erects any sign or billboard, or publishes or distributes any material giving information relative to the performance of marriage in another state.


Advertising marriage in another state is a violation. In addition, a peace officer of this State may seize and destroy any sign, billboard or material which the officer observes in violation of this section.


CREDIT(S)


58 Laws 1972, ch. 497, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.


Codifications: 11 Del.C. 1953, § 1004


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. Pt. I, Ch. 5, Subch. V, Refs & Annos


West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter V. Offenses Relating to Children and Vulnerable Adults


Current through 79 Laws 2013, chs. 1 - 24. Revisions by the Delaware Code Revisors were unavailable at the time of publication.


11 Del.C. § 1100

Formerly cited as DE ST 11 § 1103.


Chapter 15. Offenses Against Morality and Decency

Tags:24 SC (1.5%)

Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-10. Bigamy.


Any person who is married who shall marry another person shall, unless:


(1) His or her husband or wife has remained continually for seven years beyond the sea or continually absented himself or herself from such person for the space of seven years together, such person not knowing his or her wife or husband to be living within that time;


(2) He or she was married before the age of consent;


(3) His or her wife or husband is under sentence of imprisonment for life; or


(4) His or her marriage has been annulled or he or she has been divorced by decree of a competent tribunal having jurisdiction both of the cause and the parties;


On conviction, be punished by imprisonment in the Penitentiary for not more than five years nor less than six months or by imprisonment in the jail for six months and by a fine of not less than five hundred dollars.


CREDIT(S)


HISTORY: 1962 Code § 16-401; 1952 Code § 16-401; 1942 Code § 1434; 1932 Code § 1434; Cr. C. '22 § 374; Cr. C. '12 § 381; Cr. C. '02 § 289; G. S. 2587; R. S. 250; 1712 (2) 508; 1874 (15) 603.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-20


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-20. Incest.


Any persons who shall have carnal intercourse with each other within the following degrees of relationship, to wit:


(1) A man with his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister or mother's sister; or


(2) A woman with her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother or mother's brother;


Shall be guilty of incest and shall be punished by a fine of not less than five hundred dollars or imprisonment not less than one year in the Penitentiary, or both such fine and imprisonment.


CREDIT(S)


HISTORY: 1962 Code § 16-402; 1952 Code § 16-402; 1942 Code § 1440; 1932 Code § 1440; Cr. C. '22 § 381; Cr. C. '12 § 388; Cr. C. '02 § 295; R. S. 258; 1884 (19) 801.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-50. Seduction under promise of marriage.


A male over the age of sixteen years who by means of deception and promise of marriage seduces an unmarried woman in this State is guilty of a misdemeanor and, upon conviction, must be fined at the discretion of the court or imprisoned not more than one year. There must not be a conviction under this section on the uncorroborated testimony of the woman upon whom the seduction is charged, and no conviction if at trial it is proved that the woman was at the time of the alleged offense lewd and unchaste. If the defendant in any action brought under this section contracts marriage with the woman, either before or after the conviction, further proceedings of this section are stayed.


CREDIT(S)


HISTORY: 1962 Code § 16-405; 1952 Code § 16-405; 1942 Code § 1441; 1932 Code § 1441; Cr. C. '22 § 382; Cr. C. '12 § 389; 1905 (24) 937; 1993 Act No. 184, § 179.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-60. Adultery or fornication.


Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.


CREDIT(S)


HISTORY: 1962 Code § 16-406; 1952 Code § 16-406; 1942 Code § 1435; 1932 Code § 1435; Cr. C. '22 § 375; Cr. C. '12 § 382; Cr. C. '02 § 290; G. S. 2588; R. S. 251; 1880 (17) 328.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-70


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-70. “Adultery” defined.


“Adultery” is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person.


CREDIT(S)


HISTORY: 1962 Code § 16-407; 1952 Code § 16-407; 1942 Code § 1436; 1932 Code § 1436; Cr. C. '22 § 376; Cr. C. '12 § 383; Cr. C. '02 § 291; G. S. 2589; R. S. 252; 1880 (17) 328.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-80


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 15. Offenses Against Morality and Decency

Article 1. Miscellaneous Offenses

§ 16-15-80. “Fornication” defined.


“Fornication” is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman, both being unmarried.


CREDIT(S)


HISTORY: 1962 Code § 16-408; 1952 Code § 16-408; 1942 Code § 1437; 1932 Code § 1437; Cr. C. '22 § 277; Cr. C. '12 § 384; Cr. C. '02 § 292; G. S. 2590; R. S. 253; 1880 (17) 328.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-15-90


Chapter 5. Crimes Against the Person

Tags:08 GA (3.2%)

Ga. Code Ann., § 16-5-70

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 5. Crimes Against the Person (Refs & Annos)

Article 5. Cruelty to Children

§ 16-5-70. Cruelty to children



(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.




(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.




(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.




(d) Any person commits the offense of cruelty to children in the third degree when:




(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or



(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.



(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years.




(2) A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years.



(3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment.




CREDIT(S)


Laws 1878-79, p. 162, § 3; Laws 1968, p. 1249, § 1; Laws 1978, p. 228, § 1; Laws 1981, p. 683, § 1; Laws 1995, p. 957, § 2; Laws 1996, p. 1071, § 1; Laws 1999, p. 381, § 6; Laws 2004, Act 439, § 3, eff. July 1, 2004.



Formerly Code 1882, § 4612h; Penal Code 1895, § 708; Penal Code 1910, § 758; Code 1933, § 26-8001; Code 1933, § 26-2801.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-5-71

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 5. Crimes Against the Person (Refs & Annos)

Article 5. Cruelty to Children

§ 16-5-71. Tattooing the body of any person under the age of 18



(a) It shall be unlawful for any person to tattoo the body of any person under the age of 18, except that a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to mark or color the skin of any person under the age of 18 by pricking in coloring matter or by producing scars for medical or cosmetic purposes.




(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.




CREDIT(S)


Laws 1987, p. 443, § 1; Laws 1994, p. 446, § 1.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-5-71.1

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 5. Crimes Against the Person (Refs & Annos)

Article 5. Cruelty to Children

§ 16-5-71.1. Piercing the body of any person under the age of 18



(a) It shall be unlawful for any person to pierce the body, with the exception of the ear lobes, of any person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior written consent of a custodial parent or guardian of such minor is obtained; provided, however, that the prohibition contained in this subsection shall not apply if:




(1) Such person has been furnished with proper identification showing that the individual is 18 years of age or older; and



(2) The person reasonably believes such minor to be 18 years of age or older.



(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.




CREDIT(S)


Laws 1996, p. 645, § 1.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-5-72

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 5. Crimes Against the Person (Refs & Annos)

Article 5. Cruelty to Children

§ 16-5-72. Reckless abandonment of a child



(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of one year commits the offense of reckless abandonment of a child when the person willfully and voluntarily physically abandons such child with the intention of severing all parental or custodial duties and responsibilities to such child and leaving such child in a condition which results in the death of said child.




(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 25 years.




CREDIT(S)


Laws 1989, p. 1605, § 1.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-5-73

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 5. Crimes Against the Person (Refs & Annos)

Article 5. Cruelty to Children

§ 16-5-73. Definitions



(a) As used in this Code section, the term:




(1) “Chemical substance” means anhydrous ammonia, as defined in Code Section 16-11-111; ephedrine, pseudoephedrine, or phenylpropanolamine, as those terms are defined in Code Section 16-13-30.3; or any other chemical used in the manufacture of methamphetamine.



(2) “Child” means any individual who is under the age of 18 years.



(3) “Intent to manufacture” means but is not limited to the intent to manufacture methamphetamine, which may be demonstrated by a chemical substance's usage, quantity, or manner or method of storage, including but not limited to storing it in proximity to another chemical substance or equipment used to manufacture methamphetamine.



(4) “Methamphetamine” means methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Code Section 16-13-26.



(5) “Serious injury” means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, the substantial disfigurement of the body or of a member of the body, or an injury which is life threatening.



(b)(1) Any person who intentionally causes or permits a child to be present where any person is manufacturing methamphetamine or possessing a chemical substance with the intent to manufacture methamphetamine shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years.




(2) Any person who violates paragraph (1) of this subsection wherein a child receives serious injury as a result of such violation shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.




CREDIT(S)


Laws 2004, Act 439, § 4, eff. July 1, 2004; Laws 2005, Act 19, § 16, eff. April 7, 2005.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-5-80

 


Effective: July 1, 2006


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 5. Crimes Against the Person (Refs & Annos)

Article 6. Feticide

§ 16-5-80. Feticide



(a) For the purposes of this Code section, the term “unborn child” means a member of the species homo sapiens at any stage of development who is carried in the womb.




(b) A person commits the offense of feticide if he or she willfully and without legal justification causes the death of an unborn child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, or if he or she, when in the commission of a felony, causes the death of an unborn child.




(c) A person convicted of the offense of feticide shall be punished by imprisonment for life.




(d) A person commits the offense of voluntary manslaughter of an unborn child when such person causes the death of an unborn child under circumstances which would otherwise be feticide and if such person acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; provided, however, that, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as feticide.




(e) A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years.




(f) Nothing in this Code section shall be construed to permit the prosecution of:




(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;



(2) Any person for any medical treatment of the pregnant woman or her unborn child; or



(3) Any woman with respect to her unborn child.




CREDIT(S)


Laws 1982, p. 2499, § 1; Laws 2006, Act 654, § 2, eff. July 1, 2006.



 

Current through the 2012 Regular Session


Chapter 25. Offenses Involving Families, Etc.

Tags:32 AR (0.9%)

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 25. Offenses Involving Families, Etc.

§ 5-25-101. Definitions


As used in this subtitle:



(1) “Adult” means any person eighteen (18) years of age or older;


(2) “Deviate sexual activity” means any act of sexual gratification involving:


(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or


(B) The penetration, however slight, of the labia majora or anus of a person by any body member of or foreign instrument manipulated by another person;


(3)(A) “Incompetent” means any person unable to care for himself or herself because of physical or mental disease or defect.


(B) The status embraced by “incompetent” may or may not exist regardless of any adjudication concerning incompetency;


(4) “Minor” means any person under eighteen (18) years of age; and


(5) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis.


CREDIT(S)


Acts of 1975, Act 280, § 2401; Acts of 1977, Act 360, § 11; Acts of 2005, Act 1994, § 291, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, § 41-2401.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. T. 5, Subt. 3, Ch. 26, Subch. 1, Reserved


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 1. General Provisions Reserved


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-201


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 2. Offenses Generally

§ 5-26-201. Bigamy


(a) A person commits bigamy if, being married, he or she purports to marry another person.



(b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:



(1) Reasonably believed that the prior spouse was dead;


(2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive;


(3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or


(4) Otherwise reasonably believed that the actor was legally eligible to marry.


(c) Bigamy is a Class A misdemeanor.



CREDIT(S)


Acts of 1975, Act 280, § 2402.


Formerly A.S.A. 1947, § 41-2402.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-202


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 2. Offenses Generally

§ 5-26-202. Incest


(a) A person commits incest if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be:



(1) An ancestor or a descendant;


(2) A stepchild or adopted child;


(3) A brother or sister of the whole or half blood;


(4) An uncle, aunt, nephew, or niece; or


(5) A stepgrandchild or adopted grandchild.


(b) A relationship referred to in this section includes a blood relationship without regard to legitimacy.


(c) Incest is a Class C felony.



CREDIT(S)


Acts of 1975, Act 280, § 2403; Acts of 1977, Act 360, § 12; Acts of 1985, Act 506, § 1; Acts of 1985, Act 916, § 1; Acts of 1997, Act 1321, § 1; Acts of 2003, Act 1469, § 1, eff. July 16, 2003.


Formerly A.S.A. 1947, § 41-2403.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-203


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 2. Offenses Generally

§ 5-26-203. Concealing birth


(a) A person commits the offense of concealing birth if he or she hides the corpse of a newborn child with purpose to conceal the fact of the child's birth or to prevent a determination of whether the child was born alive.



(b) Concealing birth is a Class D felony.



CREDIT(S)


Acts of 1975, Act 280, § 2404; Acts of 2001, Act 205, § 1, eff. Aug. 13, 2001.


Formerly A.S.A. 1947, § 41-2404.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. T. 5, Subt. 3, Ch. 26, Subch. 3, Refs & Annos


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-301


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-301. Legislative intent


To the extent that any protected class of persons defined under this subchapter is afforded protection by any other existing or future statute of this state, this subchapter does not prevent a prosecution under any such existing or future statute.


CREDIT(S)


Acts of 1995, Act 1291, § 8.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-302


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-302. Definitions


As used in this subchapter:



(1)(A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:


(i) The length of the relationship;


(ii) The type of the relationship; and


(iii) The frequency of interaction between the two (2) individuals involved in the relationship.


(B) “Dating relationship” does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context; and


(2) “Family or household member” means:


(A) A spouse;


(B) A former spouse;


(C) A parent;


(D) A child, including any minor residing in the household;


(E)(i) Persons related by blood within the fourth degree of consanguinity.


(ii) The degree of consanguinity is computed pursuant to § 28-9-212;


(F) Persons who presently or in the past have resided or cohabited together;


(G) Persons who have or have had a child in common; or


(H) Persons who are presently or in the past have been in a dating relationship together.


CREDIT(S)


Acts of 1995, Act 1291, § 8; Acts of 1999, Act 1317, § 1, eff. July 30, 1999; Acts of 2001, Act 1678, § 2, eff. Aug. 13, 2001; Acts of 2005, Act 1875, § 2, eff. Aug. 12, 2005.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-303


Effective: July 27, 2011


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-303. Domestic battering in the first degree


(a) A person commits domestic battering in the first degree if:



(1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon;


(2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member;


(3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life;


(4) The person knowingly causes serious physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; or


(5) The person:


(A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305; and


(B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction.


(b)(1) Domestic battering in the first degree is a Class B felony.



(2) However, domestic battering in the first degree is a Class A felony upon a conviction pursuant to subsection (a) of this section if:


(A) Committed against a woman the person knew or should have known was pregnant;


(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:


(i) Domestic battering in the first degree;


(ii) Domestic battering in the second degree, § 5-26-304;


(iii) Domestic battering in the third degree, § 5-26-305; or


(iv) An equivalent penal law of this state or of another state or foreign jurisdiction.


CREDIT(S)


Acts of 1979, Act 396, § 1; Acts of 1995, Act 1291, § 1; Acts of 1999, Act 1317, § 2, eff. July 30, 1999; Acts of 1999, Act 1365, § 1, eff. July 30, 1999; Acts of 2001, Act 1553, § 8, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 1, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2007, Act 671, § 1, eff. July 31, 2007; Acts of 2009, Act 194, § 1, eff. July 31, 2009; Acts of 2009, Act 748, § 16, eff. July 31, 2009; Acts of 2011, Act 1120, § 7, eff. July 27, 2011.


Formerly A.S.A. 1947, § 41-1653; A.C.A. § 5-26-301.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-304


Effective: July 31, 2009


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-304. Domestic battering in the second degree


(a) A person commits domestic battering in the second degree if:



(1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member;


(2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon;


(3) The person recklessly causes serious physical injury to a family or household member by means of a deadly weapon; or


(4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger.


(b)(1) Domestic battering in the second degree is a Class C felony.



(2) However, domestic battering in the second degree is a Class B felony if:


(A) Committed against a woman the person knew or should have known was pregnant;


(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:


(i) Domestic battering in the first degree, § 5-26-303;


(ii) Domestic battering in the second degree;


(iii) Domestic battering in the third degree, § 5-26-305; or


(iv) An equivalent penal law of this state or of another state or foreign jurisdiction; or


(C) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction.


CREDIT(S)


Acts of 1979, Act 396, § 2; Acts of 1995, Act 1291, § 2; Acts of 1999, Act 1365, § 2, eff. July 30, 1999; Acts of 2001, Act 1553, § 9, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 2, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2009, Act 194, § 2, eff. July 31, 2009.


Formerly A.S.A. 1947, § 41-1654; A.C.A. § 5-26-302.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-305


Effective: July 31, 2009


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-305. Domestic battering in the third degree


(a) A person commits domestic battering in the third degree if:



(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;


(2) The person recklessly causes physical injury to a family or household member;


(3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or


(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.


(b)(1) Domestic battering in the third degree is a Class A misdemeanor.



(2) However, domestic battering in the third degree is a Class D felony if:


(A) Committed against a woman the person knew or should have known was pregnant;


(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:


(i) Domestic battering in the first degree, § 5-26-303;


(ii) Domestic battering in the second degree, § 5-26-304;


(iii) Domestic battering in the third degree;


(iv) Aggravated assault on a family or household member, § 5-26-306; or


(v) An equivalent penal law of this state or of another state or foreign jurisdiction; or


(C) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction.


CREDIT(S)


Acts of 1979, Act 396, § 3; Acts of 1995, Act 1291, § 3; Acts of 1999, Act 1365, § 3, eff. July 30, 1999; Acts of 2001, Act 1553, § 10, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 3, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2009, Act 333, § 1, eff. July 31, 2009.


Formerly A.S.A. 1947, § 41-1655; A.C.A. § 5-26-303.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-306


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-306. Aggravated assault on a family or household member


(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member.



(b) Aggravated assault on a family or household member is a Class D felony.



CREDIT(S)


Acts of 1979, Act 396, § 4; Acts of 1995, Act 1291, § 4.


Formerly A.S.A. 1947, § 41-1656; A.C.A. § 5-26-304.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-307


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-307. First degree assault on a family or household member


(a) A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member.



(b) First degree assault on a family or household member is a Class A misdemeanor.



CREDIT(S)


Acts of 1979, Act 396, § 5; Acts of 1995, Act 1291, § 5.


Formerly A.S.A. 1947, § 41-1657; A.C.A. § 5-26-305.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-308


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-308. Second degree assault on a family or household member


(a) A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member.



(b) Second degree assault on a family or household member is a Class B misdemeanor.



CREDIT(S)


Acts of 1979, Act 396, § 6; Acts of 1995, Act 1291, § 6.


Formerly A.S.A. 1947, § 41-1658; A.C.A. § 5-26-306.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-309


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-309. Third degree assault on a family or household member


(a) A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member.



(b) Third degree assault on a family or household member is a Class C misdemeanor.



CREDIT(S)


Acts of 1979, Act 396, § 7; Acts of 1995, Act 1291, § 7.


Formerly A.S.A. 1947, § 41-1659; A.C.A. § 5-26-307.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-310


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-310. Costs


(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as provided in subsection (b) of this section.



(b) Nothing in this section shall be construed to prohibit a judge from assessing costs if an allegation of abuse is determined to be false.


(c)(1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating § 5-26-303--5-26-305 or §§ 5-26-307--5-26-309 may be required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.



(2)(A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction.


(B) Nothing in this section conflicts with or preempt any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage.


(d) Nothing in this section conflicts with or preempts a provision of § 16-90-703.



CREDIT(S)


Acts of 1995, Act 401, § 1; Acts of 2003, Act 1770, § 1, eff. July 16, 2003.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-311


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-311. Residential confinement in home of victim prohibited


In a case involving domestic or family violence, a court shall not order residential confinement as a condition of bond or probation for a defendant in any household shared by the defendant and the alleged victim.


CREDIT(S)


Acts of 1999, Act 1317, § 3, eff. July 30, 1999.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-312


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-312. Definition of pregnancy


For purposes of §§ 5-26-303(b)(2), 5-26-304(b)(2), and 5-26-305(b)(2), a woman is considered pregnant four (4) weeks after conception.


CREDIT(S)


Acts of 2003, Act 944, § 4, eff. July 16, 2003.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-313


Effective: July 31, 2007


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-313. Notice


A person who is convicted of any misdemeanor of domestic violence shall be notified by the court that it is unlawful for the person to ship, transport, or possess a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(8) and (9), as it existed on January 1, 2007.


CREDIT(S)


Acts of 2007, Act 676, § 1, eff. July 31, 2007.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-401


Effective: July 31, 2007


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-401. Nonsupport


(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:



(1) Spouse who is physically or mentally infirm or financially dependent;


(2) Legitimate child who is less than eighteen (18) years of age;


(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or


(4) Dependent child who is physically or mentally infirm.


(b)(1) Nonsupport is a Class A misdemeanor.



(2) However, nonsupport is a:


(A) Class D felony if the person:


(i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;


(ii) Has previously been convicted of nonsupport; or


(iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;


(B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or


(C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.


(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.


(d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child that states that nonsupport has taken place.


(e) Any person found guilty of nonsupport is also responsible for the court costs and administrative costs incurred by the court.


(f) The state may take judgment against any defendant convicted of nonsupport for any money expended by any state agency for the support and maintenance of the person with respect to whom the defendant had a duty to support.


(g) It is an affirmative defense to a prosecution under this section that the defendant had just cause to fail to provide the support.



CREDIT(S)


Acts of 1975, Act 280, § 2405; Acts of 1983, Act 174, § 1; Acts of 1997, Act 1282, § 1; Acts of 1999, Act 1484, § 1, eff. July 30, 1999; Acts of 2007, Act 827, § 31, eff. July 31, 2007.


Formerly A.S.A. 1947, § 41-2405.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-402


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§§ 5-26-402 to 5-26-409. Reserved


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-409


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§§ 5-26-402 to 5-26-409. Reserved


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-410


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-410. County jurisdiction for prosecution


(a) When any person is liable to be prosecuted under § 5-26-401, he or she may be indicted, tried, and convicted in:



(1) The county where the violation of § 5-26-401 originally occurred;


(2) Any county where he or she might be apprehended; or


(3) The county where the injured spouse or child resided at the time of the filing of the indictment or information.


(b) Subdivisions (a)(2) and (3) of this section apply because each successive day the offense continues is declared to be a violation of § 5-26-401 not only in the county where the offense originally occurred but in any county where the offender or the injured spouse or child resides while the course of conduct condemned in § 5-26-401 continues.



CREDIT(S)


Acts of 1951, Act 67, § 3; Acts of 1953, Act 242, § 3; Acts of 1975, Act 928, § 8.


Formerly A.S.A. 1947, § 41-2451.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-411


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-411. Proof of marriage, parentage


(a) No other evidence is required to prove marriage of a husband and wife or that the defendant is the lawful parent of a legitimate child or has acknowledged paternity of an illegitimate child than is required to prove this fact in a civil action.



(b) The spouse and parent is a competent witness to testify in any case brought under this chapter and to a matter relevant to this chapter, including the fact of the marriage and the parentage of the child.


(c) A legally adopted child and a child whose parentage was determined in a paternity proceeding is within the provisions of this chapter and no proof other than an order of a proper court is required to prove parentage.



CREDIT(S)


Acts of 1951, Act 67, § 10, Acts of 1953, Act 242, § 11; Acts of 1981, Act 633, § 4; Acts of 1995, Act 1296, § 3.


Formerly A.S.A. 1947, § 41-2458.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-412


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-412. Fines; remittance to spouse or child's guardian or custodian


When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child.


CREDIT(S)


Acts of 1951, Act 67, § 6; Acts of 1953, Act 242, § 6.


Formerly A.S.A. 1947, § 41-2453.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-413


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-413. Temporary support; spouse, child


At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may:



(1) Enter a temporary support order as it deems just, providing for the support of a neglected spouse or child, pendente lite; and


(2) Punish for violation of the temporary support order as for contempt.


CREDIT(S)


Acts of 1951, Act 67, § 5; Acts of 1953, Act 242, § 5; Acts of 1981, Act 633, § 1.


Formerly A.S.A. 1947, § 41-2452.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-414


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-414. Periodic payments, release terms


(a) In its discretion, the original trial court may:



(1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and


(2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.


(b) The conditions of the recognizance shall be that the defendant:



(1) Will comply with the terms of the order; and


(2) Appear in court on a day certain.


(c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.



CREDIT(S)


Acts of 1951, Act 67, § 7; Acts of 1953, Act 242, § 7; Acts of 1981, Act 633, § 2.


Formerly A.S.A. 1947, § 41-2454.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-415


Effective: July 31, 2007


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-415. Periodic payments, when allowed


The original trial court may issue the order provided in § 5-26-414:



(1) Before the trial, with the consent of the defendant;


(2) At the trial, on entry of plea of guilty; or


(3) After conviction, in lieu of a penalty provided in § 5-26-401 or in addition to a penalty provided in § 5-26-401.


CREDIT(S)


Acts of 1951, Act 67, § 8; Acts of 1953, Act 242, § 8; Acts of 2007, Act 827, § 32, eff. July 31, 2007.


Formerly A.S.A. 1947, § 41-2455.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-416


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-416. Recognizance forfeiture; violating orders


(a) When the original trial court is satisfied by information and proof under oath that any time during the year the defendant has violated a term of its order, the original trial court shall proceed with the trial of the defendant under the original conviction, or enforce the original sentence, as the case may be.



(b) In case of forfeiture of recognizance and the enforcement of forfeiture of recognizance by execution, in the discretion of the original trial court the sum recovered may be paid in whole or in part to a spouse or to a guardian or custodian of a minor child.



CREDIT(S)


Acts of 1951, Act 67, § 9; Acts of 1953, Act 242, § 9; Acts of 1981, Act 633, § 3.


Formerly A.S.A. 1947, § 41-2456.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-501


Effective: July 31, 2007


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 5. Custody and Visitation

§ 5-26-501. Interference with visitation


(a)(1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.



(2) A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation.


(b)(1) Interference with visitation is a Class C misdemeanor.



(2) However, interference with visitation is a:


(A) Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or


(B) Class A misdemeanor for a third or subsequent offense.


(c) It is an affirmative defense to a prosecution that:



(1) A person or lawful guardian committed the act to protect the minor from imminent physical harm if the defendant's:


(A) Belief that physical harm was imminent is reasonable; and


(B) Conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent;


(2) A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the minor from the jurisdiction of the court;


(3) The act was committed with the mutual consent of all parties having a right to custody and visitation of the minor; or


(4) The act was otherwise authorized by law.


CREDIT(S)


Acts of 1985, Act 540, § 1; Acts of 1999, Act 1129, § 1, eff. July 30, 1999; Acts of 2007, Act 827, § 33, eff. July 31, 2007.


Formerly A.S.A. 1947, § 41-2415.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-502


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 5. Custody and Visitation

§ 5-26-502. Interference with court-ordered custody


(a) A person commits the offense of interference with court-ordered custody if the person:



(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;


(2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of:


(A) The parent of the minor or incompetent person;


(B) The guardian of the minor or incompetent person;


(C) A public agency having lawful charge of the minor or incompetent person;


(D) Any other lawful custodian; or


(E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102;


(3)(A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person:


(i) From whom the juvenile was removed; or


(ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile.


(B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or


(4) Accepts or acquiesces in taking physical custody for any length of time of a juvenile who was removed from the person or if the court has specifically ordered that the person not have care, supervision, or custody of the juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.


(b)(1)(A) Interference with court-ordered custody under subdivision (a)(1) of this section is a Class A misdemeanor.



(B) However, interference with court-ordered custody under subdivision (a)(1) of this section is a Class D felony if the minor is:


(i) Taken, enticed, or kept outside the State of Arkansas; or


(ii) Taken from any person entitled by a court decree or order to the right of custody of the minor while the custodian and minor are being housed at a shelter as defined in § 9-4-102, even if the minor is not taken outside the State of Arkansas.


(2) Interference with court-ordered custody under subdivision (a)(2) of this section is a Class C felony.


(3)(A) Interference with court-ordered custody under subdivision (a)(3) of this section is a Class A misdemeanor.


(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(3) of this section shall constitute a Class C felony.


(4)(A) Interference with court-ordered custody under subdivision (a)(4) of this section is a Class A misdemeanor.


(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(4) of this section shall constitute a Class C felony.


(c)(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with court-ordered custody, the police officer or other law enforcement officer shall inform the Department of Health and Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the custodian in a manner constituting interference with court-ordered custody or placed with a person prohibited under subdivision (a)(3) of this section.



(2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.


(d)(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor pursuant to a petition brought by the department or an agency of the department to determine if there is probable cause to believe the minor may be:



(A) Removed from the jurisdiction of the court;


(B) Abandoned; or


(C) Outside the immediate care or supervision of a person lawfully entitled to custody.


(2) Except in a situation arising under subdivisions (a)(3) or (4) of this section, the court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.


(e)(1) A petitioner shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing.



(2) The petitioner is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the petitioner acted with actual malice.


CREDIT(S)


Acts of 1985, Act 540, § 2; Acts of 1987, Act 483, § 1; Acts of 1987, Act 898, § 1; Acts of 1995, Act 1343, § 1; Acts of 2001, Act 1503, § 16, eff. Aug. 13, 2001; Acts of 2001, Act 1553, § 11, eff. Aug. 13, 2001; Acts of 2005, Act 1870, § 1, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, § 41-2416.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-26-503


Effective: July 27, 2011


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 5. Custody and Visitation

§ 5-26-503. Interference with custody


(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:



(1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113;


(2) The guardian of the minor;


(3) A public agency having lawful charge of the minor; or


(4) Any other lawful custodian.


(b) Interference with custody is a Class C felony.


(c)(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the parent, guardian, or custodian in a manner constituting interference with custody.



(2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.


(d)(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor taken into custody by the department under subsection (c) of this section pursuant to a petition brought by the department to determine if there is probable cause to believe the minor may be:



(A) Removed from the jurisdiction of the court;


(B) Abandoned; or


(C) Outside the immediate care or supervision of a person lawfully entitled to custody.


(2) The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.


(e)(1) The department shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing on a petition filed under subsection (d) of this section.



(2) The department is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the department acted with actual malice.


CREDIT(S)


Acts of 2007, Act 669, § 1, eff. July 31, 2007; Acts of 2011, Act 1177, § 1, eff. July 27, 2011.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. T. 5, Subt. 3, Ch. 27, Subch. 1, Reserved


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 1. General Provisions Reserved


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. T. 5, Subt. 3, Ch. 27, Subch. 2, Refs & Annos


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-201


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-201. Endangering welfare of incompetent person--First degree


(a) A person commits the offense of endangering the welfare of an incompetent person in the first degree if, being a parent, guardian, person legally charged with care or custody of an incompetent person, or a person charged with supervision of an incompetent person, he or she purposely:



(1) Engages in conduct creating a substantial risk of death or serious physical injury to an incompetent person; or


(2) Deserts the incompetent person under circumstances creating a substantial risk of death or serious physical injury.


(b) Endangering the welfare of an incompetent person in the first degree is a Class D felony.



CREDIT(S)


Acts of 1975, Act 280, § 2409; Acts of 2005, Act 2216, § 1, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, § 41-2409.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-202


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-202. Endangering welfare of incompetent person--Second degree


(a)(1) A person commits the offense of endangering the welfare of an incompetent person in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.



(2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes:


(A) Protracted disfigurement;


(B) Protracted impairment of physical or mental health; or


(C) Loss or protracted impairment of the function of any bodily member or organ.


(b) Endangering the welfare of an incompetent person in the second degree is a Class A misdemeanor.



CREDIT(S)


Acts of 1975, Act 280, § 2410; Acts of 2005, Act 2216, § 2, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, § 41-2410.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-203


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-203. Endangering welfare of incompetent person--Third degree


(a)(1) A person commits the offense of endangering the welfare of an incompetent person in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.



(2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes


(A) Protracted disfigurement;


(B) Protracted impairment of physical or mental health; or


(C) Loss or protracted impairment of the function of any bodily member or organ.


(b) Endangering the welfare of an incompetent person in the third degree is a Class B misdemeanor.



CREDIT(S)


Acts of 2005, Act 2216, § 3, eff. Aug. 12, 2005.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-204


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-204. Renumbered as § 5-27-206.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-205


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-205. Endangering welfare of minor--First degree


(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely:



(1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or


(2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.


(b) Endangering the welfare of a minor in the first degree is a Class D felony.


(c)(1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical provider or law enforcement agency as provided in § 9-34-201 et seq.



(2)(A) Nothing in subdivision (c)(1) of this section shall be construed to create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section.


(B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed prior to the delivery of a child to a medical provider or law enforcement agency as provided in § 9-34-201 et seq.


CREDIT(S)


Acts of 1975, Act 280, § 2407; Acts of 2001, Act 236, § 2, eff. Aug. 13, 2001; Acts of 2005, Act 2207, § 1, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, § 41-2407.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-206


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-206. Endangering welfare of minor--Second degree


(a)(1) A person commits the offense of endangering the welfare of a minor in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of another person known by the person to be a minor.



(2) As used in this section, “serious harm to the physical or mental welfare” means physical or mental injury that causes:


(A) Protracted disfigurement;


(B) Protracted impairment of physical or mental health; or


(C) Loss or protracted impairment of the function of any bodily member or organ.


(b) Endangering the welfare of a minor in the second degree is a Class A misdemeanor.



CREDIT(S)


Acts of 1975, Act 280, § 2408; Acts of 2005, Act 2207, § 2, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, § 41-2408.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-207


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-207. Endangering the welfare of a minor--Third degree


(a)(1) A person commits the offense of endangering the welfare of a minor in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor.



(2) As used in this section, “serious harm to the physical or mental welfare” means physical or mental injury that causes:


(A) Protracted disfigurement;


(B) Protracted impairment of physical or mental health; or


(C) Loss or protracted impairment of the function of any bodily member or organ.


(b) Endangering the welfare of a minor in the third degree is a Class B misdemeanor.



CREDIT(S)


Acts of 2005, Act 2207, § 3, eff. Aug. 12, 2005.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-208


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-208. Reserved


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-209


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-209. Contributing to delinquency of a minor


(a) A person commits the offense of contributing to the delinquency of a minor if, being an adult, the person knowingly aids, causes, or encourages a minor to:



(1) Do any act prohibited by law;


(2) Do any act that if done by an adult would render the adult subject to a prosecution for an offense punishable by imprisonment;


(3) Habitually absent himself or herself, without good or sufficient cause, from the minor's home without the consent of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian;


(4) Habitually absent himself or herself from school when required by law to attend school; or


(5) Habitually disobey a reasonable and lawful command of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian.


(b) Contributing to the delinquency of a minor is a Class A misdemeanor.



CREDIT(S)


Acts of 1975, Act 280, § 2406.


Formerly A.S.A. 1947, § 41-2406.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-210


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-210. Parental responsibility for possession of firearm by minor; definitions


(a) As used in this section:



(1) “Firearm” means:


(A) Any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable; or


(B) Components that can readily be assembled into a device described in subdivision (a)(1)(A) of this section; and


(2) “Parent” means a parent, stepparent, legal guardian, or person in loco parentis or who has legal custody of a student pursuant to a court order and with whom the student resides.


(b) A parent of a minor is guilty of a Class B misdemeanor if:



(1) The parent knows that the minor is in illegal possession of a firearm in or upon:


(A) The premises of a public or private school;


(B) A public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted; or


(C) A public park, playground, or civic center; and


(2) The parent fails to:


(A) Prevent the illegal possession; or


(B) Report the illegal possession to an appropriate school or law enforcement official.


CREDIT(S)


Acts of 1999, Act 1149, §§ 1, 2, eff. July 30, 1999.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-211


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-211 to 5-27-219. Reserved


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-219


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-211 to 5-27-219. Reserved


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-220


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-220. Contributing to the delinquency of a juvenile


(a) A person is guilty of a Class A misdemeanor if the person willfully causes, aids, or encourages any minor to do or perform any act which, if done or performed, would make the minor a delinquent juvenile or juvenile in need of supervision within the meaning of this section and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. .



(b) A judge may issue a bench warrant for the arrest of an adult in which there is probable cause to believe the adult is committing an offense under this section, returnable to either the district court or the circuit court of the county where the offense was committed.


(c) Any indictment or information under this section shall state the specific act the defendant is alleged to have committed.


(d)(1) Any person convicted of a violation of this section may be punished as provided for a Class A misdemeanor.



(2) However, the court may suspend or postpone enforcement of any part of the sentence or fine levied under this section if in the judgment of the court the suspension or postponement is in the best interest of the minor that was caused, aided, or encouraged.


CREDIT(S)


Acts of 1975, Act 451, § 45; Acts of 2005, Act 1994, § 344, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, § 45-445.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-221


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-221. Permitting abuse of a minor


(a) A person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor.



(b) It is a defense to a prosecution for the offense of permitting abuse of a minor if the parent, guardian, or person legally charged with the care or custody of the minor takes immediate steps to end the abuse of the minor, including prompt notification of a medical or law enforcement authority, upon first knowing or having good reason to know that abuse has occurred.


(c) Permitting abuse of a minor is a:



(1) Class B felony if the abuse of the minor:


(A) Consisted of sexual intercourse;


(B) Consisted of deviate sexual activity; or


(C) Caused serious physical injury or death to the minor; or


(2) Class D felony if the abuse of the minor:


(A) Consisted of sexual contact; or


(B) Caused physical injury to the minor.


(d) As used in this section:



(1) “Abuse” means only sexual intercourse, deviate sexual activity, sexual contact, or causing physical injury, serious physical injury, or death, which could be prosecuted as a delinquent or criminal act; and


(2) “Minor” means a person under eighteen (18) years of age.


CREDIT(S)


Acts of 1985, Act 990, §§ 1 to 3; Acts of 1993, Act 1126, § 9, eff. Sept. 1, 1993; Acts of 2001, Act 1374, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1318, § 1, eff. July 16, 2003.


Formerly A.S.A. 1947, §§ 41-2472 to 41-2474.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-222


Effective: July 31, 2007


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-222. Gross neglect of parental duty resulting in delinquency


(a) It is unlawful for a parent or person standing in loco parentis to a minor to grossly neglect a parental duty to the minor if the gross neglect:



(1) Proximately results in the delinquency of the minor; or


(2) Fails to correct the delinquency of the minor.


(b) Upon conviction, a person who violates this section is guilty of a violation and shall be punished by a fine not to exceed two hundred fifty dollars ($250).



CREDIT(S)


Acts of 1963, Act 109, § 1; Acts of 2005, Act 1994, § 44, eff. Aug. 12, 2005; Acts of 2007, Act 827, § 34, eff. July 31, 2007.


Formerly A.S.A. 1947, § 41-2471.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-223


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005


CREDIT(S)


Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.


Formerly C. & M. Dig., §§ 2680 to 2682; Pope's Dig., §§ 3368 to 3370; A.S.A. 1947, §§ 41-2459 to 41-2464; Acts of 1887, Act 17, §§ 1, 2, p. 18; Acts of 1911, Act 98, §§ 1, 2; Acts of 1967, Act 422, § 1; Acts of 1967, Act 476, § 1; Acts of 1981, Act 526, § 1; Acts of 2005, Act 1994, § 44, eff. Aug. 12, 2005.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-224


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005


CREDIT(S)


Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.


Formerly C. & M. Dig., §§ 2680 to 2682; Pope's Dig., §§ 3368 to 3370; A.S.A. 1947, §§ 41-2459 to 41-2464; Acts of 1887, Act 17, §§ 1, 2, p. 18; Acts of 1911, Act 98, §§ 1, 2; Acts of 1967, Act 422, § 1; Acts of 1967, Act 476, § 1; Acts of 1981, Act 526, § 1; Acts of 2005, Act 1994, § 44, eff. Aug. 12, 2005.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-225


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005


CREDIT(S)


Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.


Formerly C. & M. Dig., §§ 2680 to 2682; Pope's Dig., §§ 3368 to 3370; A.S.A. 1947, §§ 41-2459 to 41-2464; Acts of 1887, Act 17, §§ 1, 2, p. 18; Acts of 1911, Act 98, §§ 1, 2; Acts of 1967, Act 422, § 1; Acts of 1967, Act 476, § 1; Acts of 1981, Act 526, § 1; Acts of 2005, Act 1994, § 44, eff. Aug. 12, 2005.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-226


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005


CREDIT(S)


Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.


Formerly C. & M. Dig., §§ 2680 to 2682; Pope's Dig., §§ 3368 to 3370; A.S.A. 1947, §§ 41-2459 to 41-2464; Acts of 1887, Act 17, §§ 1, 2, p. 18; Acts of 1911, Act 98, §§ 1, 2; Acts of 1967, Act 422, § 1; Acts of 1967, Act 476, § 1; Acts of 1981, Act 526, § 1; Acts of 2005, Act 1994, § 44, eff. Aug. 12, 2005.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-227


Effective: July 31, 2009


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-227. Providing minors with tobacco products and cigarette papers--Purchase, use, or possession prohibited--Self-service displays prohibited--Placement of tobacco vending machines


(a)(1) It is unlawful for any person to give, barter, or sell to a minor:



(A) Tobacco in any form; or


(B) A cigarette paper.


(2) A person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100) per violation.


(3) An employee of an Arkansas Retail Cigarette and Tobacco permit holder who violates subdivision (a)(1) of this section is subject to a fine not to exceed one hundred dollars ($100) per violation.


(b)(1) It is unlawful for a minor to:



(A) Use or possess or to purchase, or attempt to purchase:


(i) Tobacco in any form; or


(ii) Cigarette papers; or


(B) For the purpose of obtaining or attempting to obtain tobacco in any form or cigarette papers, falsely represent himself or herself to be eighteen (18) years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age.


(2) Any cigarettes, tobacco products, or cigarette papers found in the possession of a minor may be confiscated and destroyed by a law enforcement officer.


(c)(1) It is not an offense under subsection (b) of this section if:



(A) The minor was acting at the direction of an authorized agent of the Arkansas Tobacco Control Board to enforce or ensure compliance with laws relating to the prohibition of the sale of tobacco in any form or cigarette papers to minors;


(B) The minor was acting at the direction of an authorized agent of the Office of Alcohol and Drug Abuse Prevention to compile statistical data relating to the sale of tobacco in any form or cigarette papers to minors;


(C) The minor was acting at the request of an Arkansas Retail Cigarette and Tobacco permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell tobacco or cigarette papers to the minor; or


(D) The minor was acting as an agent of a retail permit holder within the scope of employment.


(2) A minor performing activities under subdivision (c)(1) of this section shall:


(A) Display the appearance of a minor;


(B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and


(C)(i) Present a true and correct identification if asked.


(ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256.


(d) Any person who sells tobacco in any form or a cigarette paper has the right to deny the sale of any tobacco in any form or a cigarette paper to any person.


(e) It is unlawful for any person who has been issued a permit or a license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to fail to display in a conspicuous place or on each vending machine a sign indicating that the sale of tobacco products to or purchase or possession of tobacco products by a minor is prohibited by law.


(f) It is unlawful for any manufacturer whose tobacco product is distributed in this state and any person who has been issued a permit or license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to distribute a free sample of any tobacco product or coupon that entitles the holder of the coupon to any free sample of any tobacco product:



(1) In or on any public street or sidewalk within five hundred feet (500’) of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or


(2) To any minor.


(g)(1)(A) It is unlawful for any person that has been issued a permit or license under the Arkansas Tobacco Products Act of 1977, § 26-57-201 et seq., to sell or distribute a cigarette product through a self-service display.



(B) Subdivision (g)(1)(A) of this section does not apply to a:


(i) Vending machine that complies with subdivision (h)(1)(A) of this section; or


(ii) Retail tobacco store.


(2) As used in subdivision (g)(1) of this section:


(A) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental; and


(B) “Self-service display” means a display:


(i) That contains a cigarette product;


(ii) That is located in an area where customers are permitted; and


(iii) In which the cigarette product is readily accessible to a customer without the assistance of a salesperson.


(h)(1)(A) Except as provided in subdivision (h)(2) of this section, it is unlawful for any person who owns or leases a tobacco vending machine to place a tobacco vending machine in a public place.



(B) As used in subdivision (h)(1)(A) of this section, “public place” means a publicly or privately owned place to which the public or a substantial number of people have access.


(2) A tobacco vending machine may be placed in a:


(A) Restricted area within a factory, business, office, or other structure to which a member of the general public is not given access;


(B) Permitted premises that has a permit for the sale or dispensing of an alcoholic beverage for on-premises consumption that restrict entry to a person twenty-one (21) years of age or older; or


(C) Place where the tobacco vending machine is under the supervision of the owner or an employee of the owner.


(i) Any retail permit holder or license holder who violates any provision in this section is deemed guilty of a violation and subject to penalties under § 26-57-256.


(j)(1) A notice of alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation.



(2)(A) The notice shall contain the date and time of the alleged violation.


(B)(i) The notice shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale.


(ii) When appropriate, information under subdivision (j)(2)(B)(i) of this section should include, but not be limited to, the:


(a) Cash register number;


(b) Physical location of the sale in the store; and


(c) If possible, the lane or aisle number.


(k) Notwithstanding the provisions of subsection (i) of this section, the court shall consider the following factors when reviewing a possible violation:



(1) The business has adopted and enforced a written policy against selling cigarettes or tobacco products to minors;


(2) The business has informed its employees of the applicable laws regarding the sale of cigarettes and tobacco products to minors;


(3) The business has required employees to verify the age of a cigarette or tobacco product customer by way of photographic identification;


(4) The business has established and imposed disciplinary sanctions for noncompliance; and


(5) That the appearance of the purchaser of the tobacco in any form or cigarette papers was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase.


(l) A person convicted of violating any provision of this section whose permit or license to distribute or sell a tobacco product is suspended or revoked upon conviction shall surrender to the court any permit or license to distribute or sell a tobacco product and the court shall transmit the permit or license to distribute or sell a tobacco product to the Director of the Department of Finance and Administration and instruct the Director of Arkansas Tobacco Control:



(1) To suspend or revoke the person's permit or license to distribute or sell a tobacco product and to not renew the permit or license; and


(2) Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section.


CREDIT(S)


Acts of 1929, Act 152, § 26; Acts of 1991, Act 543, § 1; Acts of 1997, Act 1337, § 24, eff. July 1, 1997; Acts of 1999, Act 1591, §§ 1, 3, eff. July 30, 1999; Acts of 2003, Act 846, § 1, eff. July 16, 2003; Acts of 2007, Act 165, § 1, eff. July 31, 2007; Acts of 2009, Act 748, § 17, eff. July 31, 2009; Acts of 2009, Act 785, § 6, eff. July 31, 2009.


Formerly Pope's Dig., § 13557; A.S.A. 1947, § 41-2465.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-228


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-228. Repealed by Acts of 2001, Act 414, § 2, eff. Aug. 13, 2001


CREDIT(S)


Acts of 2001, Act 414, § 2, eff. Aug. 13, 2001.


Formerly A.S.A. 1947, §§ 41-2468 to 41-2470; Acts of 1957, Act 277, §§ 1-3.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-229


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-229. Soliciting or causing voluntary surrender of money or property from incompetent person


(a) It is unlawful for any person to:



(1) Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and


(2) Cause that incompetent person or person with diminished mental capacity to voluntarily surrender money or property in order to profit or secure gain by taking unfair advantage of the person's incompetency or diminished mental capacity.


(b) Any person violating this section is guilty of a Class D felony.



CREDIT(S)


Acts of 1987, Act 337, § 1.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-230


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-230. Exposure of child to a chemical substance or methamphetamine


(a) As used in this section:



(1)(A) “Chemical substance” means a substance intended to be used as a precursor in the manufacture of methamphetamine, or any other chemical intended to be used in the manufacture of methamphetamine.


(B) Intent may be demonstrated by the substance's:


(i) Use;


(ii) Quantity;


(iii) Manner of storage; or


(iv) Proximity to another precursor or equipment used to manufacture methamphetamine;


(2) “Child” means any person under eighteen (18) years of age; and


(3) “Methamphetamine” has the same meaning as provided in the Uniform Controlled Substances Act, § 5-64-101 et seq.


(b)(1) Any adult who, with the intent to manufacture methamphetamine, knowingly causes or permits a child to be exposed to, ingest, inhale, or have any contact with a chemical substance or methamphetamine is guilty of a Class C felony.



(2) Any adult who violates subdivision (b)(1) of this section is guilty of a Class B felony if a child suffers physical injury or serious physical injury because of the violation.


CREDIT(S)


Acts of 2003, Act 930, § 1, eff. July 16, 2003.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-231


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-231. Renumbered as § 5-27-207.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-27-232


Effective: January 1, 2006


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-232. Renumbered as § 5-27-203.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.


Chapter 19. Breach of the Peace; Disturbances

Tags:50 VT (0.2%)

13 V.S.A. § 1041


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1041. Definition


As used in this subchapter, “family or household members” means persons who are eligible for relief from abuse under chapter 21 of Title 15.


CREDIT(S)


1993, No. 95, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1042


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1042. Domestic assault


Any person who attempts to cause or wilfully or recklessly causes bodily injury to a family or household member, or wilfully causes a family or household member to fear imminent serious bodily injury shall be imprisoned not more than 18 months or fined not more than $5,000.00, or both.


CREDIT(S)


1993, No. 95, § 2; 2007, Adj. Sess., No. 174, § 5, eff. July 1, 2008.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1043


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1043. First degree aggravated domestic assault


(a) A person commits the crime of first degree aggravated domestic assault if the person:


(1) attempts to cause or wilfully or recklessly causes serious bodily injury to a family or household member; or


(2) uses, attempts to use or is armed with a deadly weapon and threatens to use the deadly weapon on a family or household member; or


(3) commits the crime of domestic assault and has been previously convicted of aggravated domestic assault.


(b) A person who commits the crime of first degree aggravated domestic assault shall be imprisoned not more than 15 years or fined not more than $25,000.00, or both.


(c) Conduct constituting the offense of first degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail.


CREDIT(S)


1993, No. 95, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1044


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1044. Second degree aggravated domestic assault


(a) A person commits the crime of second degree aggravated domestic assault if the person:


(1) commits the crime of domestic assault and such conduct violates:


(A) specific conditions of a criminal court order in effect at the time of the offense imposed to protect that other person;


(B) a final abuse prevention order issued under section 1103 of Title 15;


(C) an order against stalking or sexual assault issued under chapter 178 of Title 12; or


(D) an order against abuse of a vulnerable adult issued under chapter 69 of Title 33.


(2) commits the crime of domestic assault; and


(A) has a prior conviction within the last 10 years for violating an abuse prevention order issued under section 1030 of this title; or


(B) has a prior conviction for domestic assault under section 1042 of this title.


(b) A person who commits the crime of second degree aggravated domestic assault shall be imprisoned not more than five years or fined not more than $10,000.00, or both.


(c) Conduct constituting the offense of second degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail.


CREDIT(S)


1993, No. 95, § 2; 2007, Adj. Sess., No. 174, § 6, eff. July 1, 2008.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1047


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1047. Offense committed within the presence of a child


When imposing sentence for an offense listed in this subchapter, the court may consider whether the offense was committed within the presence of a child.


CREDIT(S)


2007, Adj. Sess., No. 174, § 8, eff. July 1, 2008.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

Tags:13 WA (2.2%)

Effective: June 7, 2012


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.001. Legislative findings, intent


The legislature finds that the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance. The care of children is a sacred trust and should not be abused by those who seek commercial gain or personal gratification based on the exploitation of children.


The legislature further finds that the protection of children from sexual exploitation can be accomplished without infringing on a constitutionally protected activity. The definition of “sexually explicit conduct” and other operative definitions demarcate a line between protected and prohibited conduct and should not inhibit legitimate scientific, medical, or educational activities.


The legislature further finds that children engaged in sexual conduct for financial compensation are frequently the victims of sexual abuse. Approximately eighty to ninety percent of children engaged in sexual activity for financial compensation have a history of sexual abuse victimization. It is the intent of the legislature to encourage these children to engage in prevention and intervention services and to hold those who pay to engage in the sexual abuse of children accountable for the trauma they inflict on children.


The legislature further finds that due to the changing nature of technology, offenders are now able to access child pornography in different ways and in increasing quantities. By amending current statutes governing depictions of a minor engaged in sexually explicit conduct, it is the intent of the legislature to ensure that intentional viewing of and dealing in child pornography over the internet is subject to a criminal penalty without limiting the scope of existing prohibitions on the possession of or dealing in child pornography, including the possession of electronic depictions of a minor engaged in sexually explicit conduct. It is also the intent of the legislature to clarify, in response to State v. Sutherby, 204 P.3d 916 (2009), the unit of prosecution for the statutes governing possession of and dealing in depictions of a minor engaged in sexually explicit conduct. It is the intent of the legislature that the first degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per depiction or image unit of prosecution, while the second degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per incident unit of prosecution as established in State v. Sutherby, 204 P.3d 916 (2009). Furthermore, it is the intent of the legislature to set a different unit of prosecution for the new offense of viewing of depictions of a minor engaged in sexually explicit conduct such that each separate session of intentionally viewing over the internet of visual depictions or images of a minor engaged in sexually explicit conduct constitutes a separate offense.


The decisions of the Washington supreme court in State v. Boyd, 160 W.2d 424, 158 P.3d 54 (2007), and State v. Grenning, 169 Wn.2d 47, 234 P. 3d 169 (2010), require prosecutors to duplicate and distribute depictions of a minor engaged in sexually explicit conduct (“child pornography”) as part of the discovery process in a criminal prosecution. The legislature finds that the importance of protecting children from repeat exploitation in child pornography is not being given sufficient weight under these decisions. The importance of protecting children from repeat exploitation in child pornography is based upon the following findings:


(1) Child pornography is not entitled to protection under the First Amendment and thus may be prohibited;


(2) The state has a compelling interest in protecting children from those who sexually exploit them, and this interest extends to stamping out the vice of child pornography at all levels in the distribution chain;


(3) Every instance of viewing images of child pornography represents a renewed violation of the privacy of the victims and a repetition of their abuse;


(4) Child pornography constitutes prima facie contraband, and as such should not be distributed to, or copied by, child pornography defendants or their attorneys;


(5) It is imperative to prohibit the reproduction of child pornography in criminal cases so as to avoid repeated violation and abuse of victims, so long as the government makes reasonable accommodations for the inspection, viewing, and examination of such material for the purposes of mounting a criminal defense. The legislature is also aware that the Adam Walsh child protection and safety act, P.L. 109-248, 120 Stat. 587 (2006), codified at 18 U.S.C. Sec. 3509(m), prohibits the duplication and distribution of child pornography as part of the discovery process in federal prosecutions. This federal law has been in effect since 2006, and upheld repeatedly as constitutional. Courts interpreting the Walsh act have found that such limitations can be employed while still providing the defendant due process. The legislature joins congress, and the legislatures of other states that have passed similar provisions, in protecting these child victims so that our justice system does not cause repeat exploitation, while still providing due process to criminal defendants.


CREDIT(S)


[2012 c 135 § 1, eff. June 7, 2012; 2010 c 227 § 1, eff. June 10, 2010; 2007 c 368 § 1, eff. July 22, 2007; 1984 c 262 § 1.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.005

Effective: June 10, 2010


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.005. Chapter not applicable to lawful conduct between spouses


This chapter does not apply to lawful conduct between spouses.


CREDIT(S)


[2010 c 227 § 2, eff. June 10, 2010.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.010

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.010. Repealed by Laws 1984, ch. 262, § 13


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.011

Effective: June 10, 2010


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.011. Definitions


Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.


(1) An “internet session” means a period of time during which an internet user, using a specific internet protocol address, visits or is logged into an internet site for an uninterrupted period of time.


(2) To “photograph” means to make a print, negative, slide, digital image, motion picture, or videotape. A “photograph” means anything tangible or intangible produced by photographing.


(3) “Visual or printed matter” means any photograph or other material that contains a reproduction of a photograph.


(4) “Sexually explicit conduct” means actual or simulated:


(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;


(b) Penetration of the vagina or rectum by any object;


(c) Masturbation;


(d) Sadomasochistic abuse;


(e) Defecation or urination for the purpose of sexual stimulation of the viewer;


(f) Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer. For the purposes of this subsection (4)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and


(g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.


(5) “Minor” means any person under eighteen years of age.


(6) “Live performance” means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.


CREDIT(S)


[2010 c 227 § 3, eff. June 10, 2010; 2002 c 70 § 1; 1989 c 32 § 1; 1984 c 262 § 2.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.020

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.020. Repealed by Laws 1984, ch. 262, § 13


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.030

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.030. Repealed by Laws 1984, ch. 262, § 13


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.040

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.040. Sexual exploitation of a minor--Elements of crime--Penalty


(1) A person is guilty of sexual exploitation of a minor if the person:


(a) Compels a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance;


(b) Aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance; or


(c) Being a parent, legal guardian, or person having custody or control of a minor, permits the minor to engage in sexually explicit conduct, knowing that the conduct will be photographed or part of a live performance.


(2) Sexual exploitation of a minor is a class B felony punishable under chapter 9A.20 RCW.


CREDIT(S)


[1989 c 32 § 2; 1984 c 262 § 3.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.050

Effective: June 10, 2010


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.050. Dealing in depictions of minor engaged in sexually explicit conduct


(1)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she:


(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e); or


(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).


(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.


(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.


(2)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or she:


(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g); or


(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A. 011(4) (f) or (g).


(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A. 20 RCW.


(c) For the purposes of determining the unit of prosecution under this subsection, each incident of dealing in one or more depictions or images of visual or printed matter constitutes a separate offense.


CREDIT(S)


[2010 c 227 § 4, eff. June 10, 2010; 1989 c 32 § 3; 1984 c 262 § 4.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.060

Effective: June 10, 2010


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.060. Sending, bringing into state depictions of minor engaged in sexually explicit conduct


(1)(a) A person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, a visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).


(b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.


(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.


(2)(a) A person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, any visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).


(b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A.20 RCW.


(c) For the purposes of determining the unit of prosecution under this subsection, each incident of sending or bringing into the state one or more depictions or images of visual or printed matter constitutes a separate offense.


CREDIT(S)


[2010 c 227 § 5, eff. June 10, 2010; 1989 c 32 § 4; 1984 c 262 § 5.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.070

Effective: June 10, 2010


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.070. Possession of depictions of minor engaged in sexually explicit conduct


(1)(a) A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly possesses a visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9. 68A.011(4) (a) through (e).


(b) Possession of depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.


(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.


(2)(a) A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly possesses any visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).


(b) Possession of depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A. 20 RCW.


(c) For the purposes of determining the unit of prosecution under this subsection, each incident of possession of one or more depictions or images of visual or printed matter constitutes a separate offense.


CREDIT(S)


[2010 c 227 § 6, eff. June 10, 2010; 2006 c 139 § 3, eff. June 7, 2006; 1990 c 155 § 1; 1989 c 32 § 5; 1984 c 262 § 6.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.075

Effective: June 10, 2010


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.075. Viewing depictions of a minor engaged in sexually explicit conduct


(1) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the first degree, a class B felony punishable under chapter 9A.20 RCW.


(2) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the second degree, a class C felony punishable under chapter 9A.20 RCW.


(3) For the purposes of determining whether a person intentionally viewed over the internet a visual or printed matter depicting a minor engaged in sexually explicit conduct in subsection (1) or (2) of this section, the trier of fact shall consider the title, text, and content of the visual or printed matter, as well as the internet history, search terms, thumbnail images, downloading activity, expert computer forensic testimony, number of visual or printed matter depicting minors engaged in sexually explicit conduct, defendant's access to and control over the electronic device and its contents upon which the visual or printed matter was found, or any other relevant evidence. The state must prove beyond a reasonable doubt that the viewing was initiated by the user of the computer where the viewing occurred.


(4) For the purposes of this section, each separate internet session of intentionally viewing over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct constitutes a separate offense.


CREDIT(S)


[2010 c 227 § 7, eff. June 10, 2010.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.080

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.080. Reporting of depictions of minor engaged in sexually explicit conduct--Civil immunity


(1) A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the proper law enforcement agency. Persons failing to do so are guilty of a gross misdemeanor.


(2) If, in the course of repairing, modifying, or maintaining a computer that has been submitted either privately or commercially for repair, modification, or maintenance, a person has reasonable cause to believe that the computer stores visual or printed matter that depicts a minor engaged in sexually explicit conduct, the person performing the repair, modification, or maintenance may report such incident, or cause a report to be made, to the proper law enforcement agency.


(3) A person who makes a report in good faith under this section is immune from civil liability resulting from the report.


CREDIT(S)


[2002 c 70 § 2; 1989 c 32 § 6; 1984 c 262 § 7.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.090

Effective: June 7, 2006


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.090. Communication with minor for immoral purposes--Penalties


(1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.


(2) A person who communicates with a minor for immoral purposes is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person has previously been convicted under this section or of a felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual offense in this or any other state or if the person communicates with a minor or with someone the person believes to be a minor for immoral purposes through the sending of an electronic communication.


CREDIT(S)


[2006 c 139 § 1, eff. June 7, 2006. Prior: 2003 c 53 § 42, eff. July 1, 2004; 2003 c 26 § 1, eff. July 27, 2003; 1989 c 32 § 7; 1986 c 319 § 2; 1984 c 262 § 8.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.100

Effective: June 10, 2010


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.100. Commercial sexual abuse of a minor--Penalties


(1) A person is guilty of commercial sexual abuse of a minor if:


(a) He or she pays a fee to a minor or a third person as compensation for a minor having engaged in sexual conduct with him or her;


(b) He or she pays or agrees to pay a fee to a minor or a third person pursuant to an understanding that in return therefore such minor will engage in sexual conduct with him or her; or


(c) He or she solicits, offers, or requests to engage in sexual conduct with a minor in return for a fee.


(2) Commercial sexual abuse of a minor is a class B felony punishable under chapter 9A.20 RCW.


(3) In addition to any other penalty provided under chapter 9A.20 RCW, a person guilty of commercial sexual abuse of a minor is subject to the provisions under RCW 9A.88.130 and 9A.88.140.


(4) For purposes of this section, “sexual conduct” means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.


CREDIT(S)


[2010 c 289 § 13, eff. June 10, 2010; 2007 c 368 § 2, eff. July 22, 2007; 1999 c 327 § 4; 1989 c 32 § 8; 1984 c 262 § 9.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.101

Effective: June 7, 2012


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.101. Promoting commercial sexual abuse of a minor--Penalty


(1) A person is guilty of promoting commercial sexual abuse of a minor if he or she knowingly advances commercial sexual abuse or a sexually explicit act of a minor or profits from a minor engaged in sexual conduct or a sexually explicit act.


(2) Promoting commercial sexual abuse of a minor is a class A felony.


(3) For the purposes of this section:


(a) A person “advances commercial sexual abuse of a minor” if, acting other than as a minor receiving compensation for personally rendered sexual conduct or as a person engaged in commercial sexual abuse of a minor, he or she causes or aids a person to commit or engage in commercial sexual abuse of a minor, procures or solicits customers for commercial sexual abuse of a minor, provides persons or premises for the purposes of engaging in commercial sexual abuse of a minor, operates or assists in the operation of a house or enterprise for the purposes of engaging in commercial sexual abuse of a minor, or engages in any other conduct designed to institute, aid, cause, assist, or facilitate an act or enterprise of commercial sexual abuse of a minor.


(b) A person “profits from commercial sexual abuse of a minor” if, acting other than as a minor receiving compensation for personally rendered sexual conduct, he or she accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he or she participates or will participate in the proceeds of commercial sexual abuse of a minor.


(c) A person “advances a sexually explicit act of a minor” if he or she causes or aids a sexually explicit act of a minor, procures or solicits customers for a sexually explicit act of a minor, provides persons or premises for the purposes of a sexually explicit act of a minor, or engages in any other conduct designed to institute, aid, cause, assist, or facilitate a sexually explicit act of a minor.


(d) A “sexually explicit act” is a public, private, or live photographed, recorded, or videotaped act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons and for which something of value is given or received.


(e) A “patron” is a person who pays or agrees to pay a fee to another person as compensation for a sexually explicit act of a minor or who solicits or requests a sexually explicit act of a minor in return for a fee.


(4) For purposes of this section, “sexual conduct” means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.


CREDIT(S)


[2012 c 144 § 1, eff. June 7, 2012; 2010 c 289 § 14, eff. June 10, 2010; 2007 c 368 § 4, eff. July 22, 2007.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.102

Effective: July 22, 2007


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.102. Promoting travel for commercial sexual abuse of a minor--Penalty


(1) A person commits the offense of promoting travel for commercial sexual abuse of a minor if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be commercial sexual abuse of a minor or promoting commercial sexual abuse of a minor, if occurring in this state.


(2) Promoting travel for commercial sexual abuse of a minor is a class C felony.


(3) For purposes of this section, “travel services” has the same meaning as defined in RCW 19.138.021.


CREDIT(S)


[2007 c 368 § 5, eff. July 22, 2007.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.103

Effective: July 22, 2007


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.103. Permitting commercial sexual abuse of a minor--Penalty


(1) A person is guilty of permitting commercial sexual abuse of a minor if, having possession or control of premises which he or she knows are being used for the purpose of commercial sexual abuse of a minor, he or she fails without lawful excuse to make reasonable effort to halt or abate such use and to make a reasonable effort to notify law enforcement of such use.


(2) Permitting commercial sexual abuse of a minor is a gross misdemeanor.


CREDIT(S)


[2007 c 368 § 7, eff. July 22, 2007.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.104

Effective: June 7, 2012


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.104. Advertising commercial sexual abuse of a minor--Penalty


(1) A person commits the offense of advertising commercial sexual abuse of a minor if he or she knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act, which is to take place in the state of Washington and that includes the depiction of a minor.


(a) “Advertisement for a commercial sex act” means any advertisement or offer in electronic or print media, which includes either an explicit or implicit offer for a commercial sex act to occur in Washington.


(b) “Commercial sex act” means any act of sexual contact or sexual intercourse, both as defined in chapter 9A.44 RCW, for which something of value is given or received by any person.


(c) “Depiction” as used in this section means any photograph or visual or printed matter as defined in RCW 9.68A.011 (2) and (3).


(2) In a prosecution under this statute it is not a defense that the defendant did not know the age of the minor depicted in the advertisement. It is a defense, which the defendant must prove by a preponderance of the evidence, that the defendant made a reasonable bona fide attempt to ascertain the true age of the minor depicted in the advertisement by requiring, prior to publication, dissemination, or display of the advertisement, production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper of the minor depicted in the advertisement and did not rely solely on oral or written representations of the minor's age, or the apparent age of the minor as depicted. In order to invoke the defense, the defendant must produce for inspection by law enforcement a record of the identification used to verify the age of the person depicted in the advertisement.


(3) Advertising commercial sexual abuse of a minor is a class C felony.


CREDIT(S)


[2012 c 138 § 2, eff. June 7, 2012.]


<(Formerly: Child Pornography)>


VALIDITY


<On July 27, 2012, in the United States District Court, W.D. Washington, a preliminary injunction was issued enjoining enforcement of S.B. 6251 (this section). A temporary restraining order had previously been issued which also enjoined enforcement of S.B. 6251. See Backpage.com, LLC v. McKenna, 2012 WL 3064543. >


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.105

Effective: June 7, 2012


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.105. Additional fee assessment


(1)(a) In addition to penalties set forth in RCW 9.68A.100, 9.68A.101, and 9.68A.102, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance shall be assessed a five thousand dollar fee.


(b) The court may not reduce, waive, or suspend payment of all or part of the fee assessed unless it finds, on the record, that the person does not have the ability to pay in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.


(c) When a minor has been adjudicated a juvenile offender or has entered into a statutory or nonstatutory diversion agreement for an offense which, if committed by an adult, would constitute a violation of RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance, the court shall assess the fee under (a) of this subsection. The court may not reduce, waive, or suspend payment of all or part of the fee assessed unless it finds, on the record, that the minor does not have the ability to pay the fee in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.


(2) Fees assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fees must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.


(a) At least fifty percent of the revenue from fees imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.


(b) Revenues from these fees are not subject to the distribution requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.


(3) For the purposes of this section:


(a) “Statutory or nonstatutory diversion agreement” means an agreement under RCW 13.40.080 or any written agreement between a person accused of an offense listed in subsection (1) of this section and a court, county or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.


(b) “Deferred sentence” means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.


CREDIT(S)


[2012 c 134 § 4, eff. June 7, 2012; 2010 c 289 § 15, eff. June 10, 2010; 2007 c 368 § 11, eff. July 22, 2007; 1995 c 353 § 12.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.110

Effective: August 1, 2011


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.110. Certain defenses barred, permitted


(1) In a prosecution under RCW 9.68A.040, it is not a defense that the defendant was involved in activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses. Law enforcement and prosecution agencies shall not employ minors to aid in the investigation of a violation of RCW 9.68A.090 or 9.68A.100 through 9.68A.102, except for the purpose of facilitating an investigation where the minor is also the alleged victim and the:


(a) Investigation is authorized pursuant to RCW 9.73.230(1)(b)(ii) or 9. 73.210(1)(b); or


(b) Minor's aid in the investigation involves only telephone or electronic communication with the defendant.


(2) In a prosecution under RCW 9.68A.050, 9.68A.060, 9.68A.070, or 9.68A.080, it is not a defense that the defendant did not know the age of the child depicted in the visual or printed matter. It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant was not in possession of any facts on the basis of which he or she should reasonably have known that the person depicted was a minor.


(3) In a prosecution under RCW 9.68A.040, 9.68A.090, 9.68A.100, 9.68A.101, or 9.68A.102, it is not a defense that the defendant did not know the alleged victim's age. It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense, the defendant made a reasonable bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper and did not rely solely on the oral allegations or apparent age of the minor.


(4) In a prosecution under RCW 9.68A.050, 9.68A.060, 9.68A.070, or 9.68A.075, it shall be an affirmative defense that the defendant was a law enforcement officer or a person specifically authorized, in writing, to assist a law enforcement officer and acting at the direction of a law enforcement officer in the process of conducting an official investigation of a sex-related crime against a minor, or that the defendant was providing individual case treatment as a recognized medical facility or as a psychiatrist or psychologist licensed under Title 18 RCW. Nothing in chapter 227, Laws of 2010 is intended to in any way affect or diminish the immunity afforded an electronic communication service provider, remote computing service provider, or domain name registrar acting in the performance of its reporting or preservation responsibilities under 18 U.S.C. Secs. 2258a, 2258b, or 2258c.


(5) In a prosecution under RCW 9.68A.050, 9.68A.060, 9.68A.070, or 9.68A.075, the state is not required to establish the identity of the alleged victim.


(6) In a prosecution under RCW 9.68A.070 or 9.68A.075, it shall be an affirmative defense that:


(a) The defendant was employed at or conducting research in partnership or in cooperation with any institution of higher education as defined in RCW 28B.07.020 or 28B.10.016, and:


(i) He or she was engaged in a research activity;


(ii) The research activity was specifically approved prior to the possession or viewing activity being conducted in writing by a person, or other such entity vested with the authority to grant such approval by the institution of higher education; and


(iii) Viewing or possessing the visual or printed matter is an essential component of the authorized research; or


(b) The defendant was an employee of the Washington state legislature engaged in research at the request of a member of the legislature and:


(i) The request for research is made prior to the possession or viewing activity being conducted in writing by a member of the legislature;


(ii) The research is directly related to a legislative activity; and


(iii) Viewing or possessing the visual or printed matter is an essential component of the requested research and legislative activity.


(7) Nothing in this section authorizes otherwise unlawful viewing or possession of visual or printed matter depicting a minor engaged in sexually explicit conduct.


CREDIT(S)


[2011 c 241 § 4, eff. Aug. 1, 2011. Prior: 2010 c 289 § 17, eff. June 10, 2010; 2010 c 227 § 8, eff. June 10, 2010; 2007 c 368 § 3, eff. July 22, 2007; 1992 c 178 § 1; 1989 c 32 § 9; 1986 c 319 § 3; 1984 c 262 § 10.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.120

Effective: July 1, 2009


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.120. Seizure and forfeiture of property


The following are subject to seizure and forfeiture:


(1) All visual or printed matter that depicts a minor engaged in sexually explicit conduct.


(2) All raw materials, equipment, and other tangible personal property of any kind used or intended to be used to manufacture or process any visual or printed matter that depicts a minor engaged in sexually explicit conduct, and all conveyances, including aircraft, vehicles, or vessels that are used or intended for use to transport, or in any manner to facilitate the transportation of, visual or printed matter in violation of RCW 9.68A.050 or 9.68A.060, but:


(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;


(b) No property is subject to forfeiture under this section by reason of any act or omission established by the owner of the property to have been committed or omitted without the owner's knowledge or consent;


(c) A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and


(d) When the owner of a conveyance has been arrested under this chapter the conveyance may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest.


(3) All personal property, moneys, negotiable instruments, securities, or other tangible or intangible property furnished or intended to be furnished by any person in exchange for visual or printed matter depicting a minor engaged in sexually explicit conduct, or constituting proceeds traceable to any violation of this chapter.


(4) Property subject to forfeiture under this chapter may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure without process may be made if:


(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;


(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;


(c) A law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or


(d) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.


(5) In the event of seizure under subsection (4) of this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure.


(6) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of seized items within forty-five days of the seizure, the item seized shall be deemed forfeited.


(7) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of seized items within forty-five days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the article or articles involved is more than five hundred dollars. The hearing before an administrative law judge and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the seized items. The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant is lawfully entitled to possession thereof of the seized items.


(8) If property is sought to be forfeited on the ground that it constitutes proceeds traceable to a violation of this chapter, the seizing law enforcement agency must prove by a preponderance of the evidence that the property constitutes proceeds traceable to a violation of this chapter.


(9) When property is forfeited under this chapter the seizing law enforcement agency may:


(a) Retain it for official use or upon application by any law enforcement agency of this state release the property to that agency for the exclusive use of enforcing this chapter;


(b) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds and all moneys forfeited under this chapter shall be used for payment of all proper expenses of the investigation leading to the seizure, including any money delivered to the subject of the investigation by the law enforcement agency, and of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, actual costs of the prosecuting or city attorney, and court costs. Fifty percent of the money remaining after payment of these expenses shall be deposited in the state general fund and fifty percent shall be deposited in the general fund of the state, county, or city of the seizing law enforcement agency; or


(c) Request the appropriate sheriff or director of public safety to take custody of the property and remove it for disposition in accordance with law.


CREDIT(S)


[2009 c 479 § 12, eff. July 1, 2009; 1999 c 143 § 8; 1984 c 262 § 11.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.130

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.130. Recovery of costs of suit by minor


A minor prevailing in a civil action arising from violation of this chapter is entitled to recover the costs of the suit, including an award of reasonable attorneys' fees.


CREDIT(S)


[1984 c 262 § 12.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.140

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.140. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.150

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.150. Allowing minor on premises of live erotic performance--Definitions--Penalty


(1) No person may knowingly allow a minor to be on the premises of a commercial establishment open to the public if there is a live performance containing matter which is erotic material.


(2) Any person who is convicted of violating this section is guilty of a gross misdemeanor.


(3) For the purposes of this section:


(a) “Minor” means any person under the age of eighteen years.


(b) “Erotic materials” means live performance:


(i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and


(ii) Which explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct as defined in RCW 9.68A.011; and


(iii) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.


(c) “Live performance” means any play, show, skit, dance, or other exhibition performed or presented to, or before an audience of one or more, with or without consideration.


(d) “Person” means any individual, partnership, firm, association, corporation, or other legal entity.


CREDIT(S)


[2003 c 53 § 43, eff. July 1, 2004; 1987 c 396 § 2.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.160

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.160. Repealed by Laws 2003, ch. 53, § 421, eff. July 1, 2004


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.170

Effective: June 7, 2012


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.170. Criminal proceedings--Depictions of minors engaged in sexually explicit conduct--Restrictions on access


(1) In any criminal proceeding, any property or material that constitutes a depiction of a minor engaged in sexually explicit conduct shall remain in the care, custody, and control of either a law enforcement agency or the court.


(2) Despite any request by the defendant or prosecution, any property or material that constitutes a depiction of a minor engaged in sexually explicit conduct shall not be copied, photographed, duplicated, or otherwise reproduced, so long as the property or material is made reasonably available to the parties. Such property or material shall be deemed to be reasonably available to the parties if the prosecution, defense counsel, or any individual sought to be qualified to furnish expert testimony at trial has ample opportunity for inspection, viewing, and examination of the property or material at a law enforcement facility or a neutral facility approved by the court upon petition by the defense.


(3) The defendant may view and examine the property and materials only while in the presence of his or her attorney. If the defendant is proceeding pro se, the court will appoint an individual to supervise the defendant while he or she examines the materials.


(4) The court may direct that a mirror image of a computer hard drive containing such depictions be produced for use by an expert only upon a showing that an expert has been retained and is prepared to conduct a forensic examination while the mirror imaged hard drive remains in the care, custody, and control of a law enforcement agency or the court. Upon a substantial showing that the expert's analysis cannot be accomplished while the mirror imaged hard drive is kept within the care, custody, and control of a law enforcement agency or the court, the court may order its release to the expert for analysis for a limited time. If release is granted, the court shall issue a protective order setting forth such terms and conditions as are necessary to protect the rights of the victims, to document the chain of custody, and to protect physical evidence.


CREDIT(S)


[2012 c 135 § 2, eff. June 7, 2012.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.180

Effective: June 7, 2012


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.180. Criminal proceedings--Depictions of minors engaged in sexually explicit conduct--Sealing, storage, destruction of exhibits


(1) Whenever a depiction of a minor engaged in sexually explicit conduct, regardless of its format, is marked as an exhibit in a criminal proceeding, the prosecutor shall seek an order sealing the exhibit at the close of the trial. Any exhibits sealed under this section shall be sealed with evidence tape in a manner that prevents access to, or viewing of, the depiction of a minor engaged in sexually explicit conduct and shall be labeled so as to identify its contents. Anyone seeking to view such an exhibit must obtain permission from the superior court after providing at least ten days notice to the prosecuting attorney. Appellate attorneys for the defendant and the state shall be given access to the exhibit, which must remain in the care and custody of either a law enforcement agency or the court. Any other person moving to view such an exhibit must demonstrate to the court that his or her reason for viewing the exhibit is of sufficient importance to justify another violation of the victim's privacy.


(2) Whenever the clerk of the court receives an exhibit of a depiction of a minor engaged in sexually explicit conduct, he or she shall store the exhibit in a secure location, such as a safe. The clerk may arrange for the transfer of such exhibits to a law enforcement agency evidence room for safekeeping provided the agency agrees not to destroy or dispose of the exhibits without an order of the court.


(3) If the criminal proceeding ends in a conviction, the clerk of the court shall destroy any exhibit containing a depiction of a minor engaged in sexually explicit conduct five years after the judgment is final, as determined by the provisions of RCW 10.73.090(3). Before any destruction, the clerk shall contact the prosecuting attorney and verify that there is no collateral attack on the judgment pending in any court. If the criminal proceeding ends in a mistrial, the clerk shall either maintain the exhibit or return it to the law enforcement agency that investigated the criminal charges for safekeeping until the matter is set for retrial. If the criminal proceeding ends in an acquittal, the clerk shall return the exhibit to the law enforcement agency that investigated the criminal charges for either safekeeping or destruction.


CREDIT(S)


[2012 c 135 § 3, eff. June 7, 2012.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.190

Effective: June 7, 2012


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.190. Criminal proceedings--Depictions of minors engaged in sexually explicit conduct--Depictions distributed to defense counsel or expert witnesses prior to June 7, 2012--Distribution of depictions under color of law not a defense


Any depiction of a minor engaged in sexually explicit conduct, in any format, distributed as discovery to defense counsel or an expert witness prior to June 7, 2012, shall either be returned to the law enforcement agency that investigated the criminal charges or destroyed, if the case is no longer pending in superior court. If the case is still pending, the depiction shall be returned to the superior court judge assigned to the case or the presiding judge. The court shall order either the destruction of the depiction or the safekeeping of the depiction if it will be used at trial.


It is not a defense to violations of this chapter for crimes committed after December 31, 2012, that the initial receipt of the depictions was done under the color of law through the discovery process.


CREDIT(S)


[2012 c 135 § 4, eff. June 7, 2012.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.900

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.900. Repealed by Laws 1984, ch. 262, § 13


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.910

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.910. Severability--1984 c 262


If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


CREDIT(S)


[1984 c 262 § 15.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.911

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.911. Severability--1989 c 32


If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


CREDIT(S)


[1989 c 32 § 10.]


<(Formerly: Child Pornography)>


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.68A.912

Effective: July 26, 2009


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

9.68A.912. Construction--Chapter applicable to state registered domestic partnerships--2009 c 521  


For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.


CREDIT(S)


[2009 c 521 § 20, eff. July 26, 2009.]


Chapter 32. Abortion

Tags:06 PA (4.1%)

Chapter 32. Abortion (Refs & Annos)

§ 3201. Short title of chapter


This chapter shall be known and may be cited as the “Abortion Control Act.”



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3202

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3202. Legislative intent


(a) Rights and interests.--It is the intention of the General Assembly of the Commonwealth of Pennsylvania to protect hereby the life and health of the woman subject to abortion and to protect the life and health of the child subject to abortion. It is the further intention of the General Assembly to foster the development of standards of professional conduct in a critical area of medical practice, to provide for development of statistical data and to protect the right of the minor woman voluntarily to decide to submit to abortion or to carry her child to term. The General Assembly finds as fact that the rights and interests furthered by this chapter are not secure in the context in which abortion is presently performed.


(b) Conclusions.--Reliable and convincing evidence has compelled the General Assembly to conclude and the General Assembly does hereby solemnly declare and find that:


(1) Many women now seek or are encouraged to undergo abortions without full knowledge of the development of the unborn child or of alternatives to abortion.


(2) The gestational age at which viability of an unborn child occurs has been lowering substantially and steadily as advances in neonatal medical care continue to be made.


(3) A significant number of late-term abortions result in live births, or in delivery of children who could survive if measures were taken to bring about breathing. Some physicians have been allowing these children to die or have been failing to induce breathing.


(4) Because the Commonwealth places a supreme value upon protecting human life, it is necessary that those physicians which it permits to practice medicine be held to precise standards of care in cases where their actions do or may result in the death of an unborn child.


(5) A reasonable waiting period, as contained in this chapter, is critical to the assurance that a woman elect to undergo an abortion procedure only after having the fullest opportunity to give her informed consent thereto.


(c) Construction.--In every relevant civil or criminal proceeding in which it is possible to do so without violating the Federal Constitution, the common and statutory law of Pennsylvania shall be construed so as to extend to the unborn the equal protection of the laws and to further the public policy of this Commonwealth encouraging childbirth over abortion.


(d) Right of conscience.--It is the further public policy of the Commonwealth of Pennsylvania to respect and protect the right of conscience of all persons who refuse to obtain, receive, subsidize, accept or provide abortions including those persons who are engaged in the delivery of medical services and medical care whether acting individually, corporately or in association with other persons; and to prohibit all forms of discrimination, disqualification, coercion, disability or imposition of liability or financial burden upon such persons or entities by reason of their refusing to act contrary to their conscience or conscientious convictions in refusing to obtain, receive, subsidize, accept or provide abortions.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3203

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3203. Definitions


The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:


“Abortion.” The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulation, fertilization or the implantation of a fertilized ovum within the uterus.


“Born alive.” When used with regard to a human being, means that the human being was completely expelled or extracted from her or his mother and after such separation breathed or showed evidence of any of the following: beating of the heart, pulsation of the umbilical cord, definite movement of voluntary muscles or any brain-wave activity.


“Complication.” Includes but is not limited to hemorrhage, infection, uterine perforation, cervical laceration and retained products. The department may further define complication.


“Conscience.” A sincerely held set of moral convictions arising from belief in and relation to a deity or which, though not so derived, obtains from a place in the life of its possessor parallel to that filled by a deity among adherents to religious faiths.


“Department.” The Department of Health of the Commonwealth of Pennsylvania.


“Facility” or “medical facility.” Any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center or other institution or location wherein medical care is provided to any person.


“Fertilization” and “conception.” Each term shall mean the fusion of a human spermatozoon with a human ovum.


“First trimester.” The first 12 weeks of gestation.


“Gestational age.” The age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman.


“Hospital.” An institution licensed pursuant to the provisions of the law of this Commonwealth.


“In vitro fertilization.” The purposeful fertilization of a human ovum outside the body of a living human female.


“Medical emergency.” That condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.


“Medical personnel.” Any nurse, nurse's aide, medical school student, professional or any other person who furnishes, or assists in the furnishing of, medical care.


“Physician.” Any person licensed to practice medicine in this Commonwealth. The term includes medical doctors and doctors of osteopathy.


“Pregnancy” and “pregnant.” Each term shall mean that female reproductive condition of having a developing fetus in the body and commences with fertilization.


“Probable gestational age of the unborn child.” What, in the judgment of the attending physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed.


“Unborn child” and “fetus.” Each term shall mean an individual organism of the species homo sapiens from fertilization until live birth.


“Viability.” That stage of fetal development when, in the judgment of the physician based on the particular facts of the case before him and in light of the most advanced medical technology and information available to him, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 3, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 1, effective in 60 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3204

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3204. Medical consultation and judgment


(a) Abortion prohibited; exceptions.--No abortion shall be performed except by a physician after either:


(1) he determines that, in his best clinical judgment, the abortion is necessary; or


(2) he receives what he reasonably believes to be a written statement signed by another physician, hereinafter called the “referring physician,” certifying that in this referring physician's best clinical judgment the abortion is necessary.


(b) Requirements.--Except in a medical emergency where there is insufficient time before the abortion is performed, the woman upon whom the abortion is to be performed shall have a private medical consultation either with the physician who is to perform the abortion or with the referring physician. The consultation will be in a place, at a time and of a duration reasonably sufficient to enable the physician to determine whether, based on his best clinical judgment, the abortion is necessary.


(c) Factors.--In determining in accordance with subsection (a) or (b) whether an abortion is necessary, a physician's best clinical judgment may be exercised in the light of all factors (physical, emotional, psychological, familial and the woman's age) relevant to the well-being of the woman. No abortion which is sought solely because of the sex of the unborn child shall be deemed a necessary abortion.


(d) Penalty.--Any person who intentionally, knowingly or recklessly violates the provisions of this section commits a felony of the third degree, and any physician who violates the provisions of this section is guilty of “unprofessional conduct” and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 2, effective in 60 days.


[FN1] 63 P.S. § 271.1 et seq.


[FN2] 63 P.S. § 422.1 et seq.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3205

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3205. Informed consent


(a) General rule.--No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:


(1) At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician has orally informed the woman of:


(i) The nature of the proposed procedure or treatment and of those risks and alternatives to the procedure or treatment that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.


(ii) The probable gestational age of the unborn child at the time the abortion is to be performed.


(iii) The medical risks associated with carrying her child to term.


(2) At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician, or a qualified physician assistant, health care practitioner, technician or social worker to whom the responsibility has been delegated by either physician, has informed the pregnant woman that:


(i) The department publishes printed materials which describe the unborn child and list agencies which offer alternatives to abortion and that she has a right to review the printed materials and that a copy will be provided to her free of charge if she chooses to review it.


(ii) Medical assistance benefits may be available for prenatal care, childbirth and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials published by the department.


(iii) The father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion. In the case of rape, this information may be omitted.


(3) A copy of the printed materials has been provided to the pregnant woman if she chooses to view these materials.


(4) The pregnant woman certifies in writing, prior to the abortion, that the information required to be provided under paragraphs (1), (2) and (3) has been provided.


(b) Emergency.--Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of major bodily function.


(c) Penalty.--Any physician who violates the provisions of this section is guilty of “unprofessional conduct” and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts. Any physician who performs or induces an abortion without first obtaining the certification required by subsection (a)(4) or with knowledge or reason to know that the informed consent of the woman has not been obtained shall for the first offense be guilty of a summary offense and for each subsequent offense be guilty of a misdemeanor of the third degree. No physician shall be guilty of violating this section for failure to furnish the information required by subsection (a) if he or she can demonstrate, by a preponderance of the evidence, that he or she reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the patient.


(d) Limitation on civil liability.--Any physician who complies with the provisions of this section may not be held civilly liable to his patient for failure to obtain informed consent to the abortion within the meaning of that term as defined by the act of October 15, 1975 (P.L.390, No.111), known as the Health Care Services Malpractice Act. [FN3]



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 2, effective in 60 days.


[FN1] 63 P.S. § 271.1 et seq.


[FN2] 63 P.S. § 422.1 et seq.


[FN3] 40 P.S. § 1301.101 et seq.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3206

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3206. Parental consent


(a) General rule.--Except in the case of a medical emergency, or except as provided in this section, if a pregnant woman is less than 18 years of age and not emancipated, or if she has been adjudged an incapacitated person under 20 Pa.C.S. § 5511 (relating to petition and hearing; independent evaluation), a physician shall not perform an abortion upon her unless, in the case of a woman who is less than 18 years of age, he first obtains the informed consent both of the pregnant woman and of one of her parents; or, in the case of a woman who is an incapacitated person, he first obtains the informed consent of her guardian. In deciding whether to grant such consent, a pregnant woman's parent or guardian shall consider only their child's or ward's best interests. In the case of a pregnancy that is the result of incest where the father is a party to the incestuous act, the pregnant woman need only obtain the consent of her mother.


(b) Unavailability of parent or guardian.--If both parents have died or are otherwise unavailable to the physician within a reasonable time and in a reasonable manner, consent of the pregnant woman's guardian or guardians shall be sufficient. If the pregnant woman's parents are divorced, consent of the parent having custody shall be sufficient. If neither any parent nor a legal guardian is available to the physician within a reasonable time and in a reasonable manner, consent of any adult person standing in loco parentis shall be sufficient.


(c) Petition to court for consent.--If both of the parents or guardians of the pregnant woman refuse to consent to the performance of an abortion or if she elects not to seek the consent of either of her parents or of her guardian, the court of common pleas of the judicial district in which the applicant resides or in which the abortion is sought shall, upon petition or motion, after an appropriate hearing, authorize a physician to perform the abortion if the court determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion, and has, in fact, given such consent.


(d) Court order.--If the court determines that the pregnant woman is not mature and capable of giving informed consent or if the pregnant woman does not claim to be mature and capable of giving informed consent, the court shall determine whether the performance of an abortion upon her would be in her best interests. If the court determines that the performance of an abortion would be in the best interests of the woman, it shall authorize a physician to perform the abortion.


(e) Representation in proceedings.--The pregnant woman may participate in proceedings in the court on her own behalf and the court may appoint a guardian ad litem to assist her. The court shall, however, advise her that she has a right to court appointed counsel, and shall provide her with such counsel unless she wishes to appear with private counsel or has knowingly and intelligently waived representation by counsel.


(f) Proceedings.--


(1) Court proceedings under this section shall be confidential and shall be given such precedence over other pending matters as will ensure that the court may reach a decision promptly and without delay in order to serve the best interests of the pregnant woman. In no case shall the court of common pleas fail to rule within three business days of the date of application. A court of common pleas which conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting its decision and shall, upon the initial filing of the minor's petition for judicial authorization of an abortion, order a sealed record of the petition, pleadings, submissions, transcripts, exhibits, orders, evidence and any other written material to be maintained which shall include its own findings and conclusions.


(2) The application to the court of common pleas shall be accompanied by a non-notarized verification stating that the information therein is true and correct to the best of the applicant's knowledge, and the application shall set forth the following facts:


(i) The initials of the pregnant woman.


(ii) The age of the pregnant woman.


(iii) The names and addresses of each parent, guardian or, if the minor's parents are deceased and no guardian has been appointed, any other person standing in loco parentis to the minor.


(iv) That the pregnant woman has been fully informed of the risks and consequences of the abortion.


(v) Whether the pregnant woman is of sound mind and has sufficient intellectual capacity to consent to the abortion.


(vi) A prayer for relief asking the court to either grant the pregnant woman full capacity for the purpose of personal consent to the abortion, or to give judicial consent to the abortion under subsection (d) based upon a finding that the abortion is in the best interest of the pregnant woman.


(vii) That the pregnant woman is aware that any false statements made in the application are punishable by law.


(viii) The signature of the pregnant woman. Where necessary to serve the interest of justice, the orphans' court division, or, in Philadelphia, the family court division, shall refer the pregnant woman to the appropriate personnel for assistance in preparing the application.


(3) The name of the pregnant woman shall not be entered on any docket which is subject to public inspection. All persons shall be excluded from hearings under this section except the applicant and such other persons whose presence is specifically requested by the applicant or her guardian.


(4) At the hearing, the court shall hear evidence relating to the emotional development, maturity, intellect and understanding of the pregnant woman, the fact and duration of her pregnancy, the nature, possible consequences and alternatives to the abortion and any other evidence that the court may find useful in determining whether the pregnant woman should be granted full capacity for the purpose of consenting to the abortion or whether the abortion is in the best interest of the pregnant woman. The court shall also notify the pregnant woman at the hearing that it must rule on her application within three business days of the date of its filing and that, should the court fail to rule in favor of her application within the allotted time, she has the right to appeal to the Superior Court.


(g) Coercion prohibited.--Except in a medical emergency, no parent, guardian or other person standing in loco parentis shall coerce a minor or incapacitated woman to undergo an abortion. Any minor or incapacitated woman who is threatened with such coercion may apply to a court of common pleas for relief. The court shall provide the minor or incapacitated woman with counsel, give the matter expedited consideration and grant such relief as may be necessary to prevent such coercion. Should a minor be denied the financial support of her parents by reason of her refusal to undergo abortion, she shall be considered emancipated for purposes of eligibility for assistance benefits.


(h) Regulation of proceedings.--No filing fees shall be required of any woman availing herself of the procedures provided by this section. An expedited confidential appeal shall be available to any pregnant woman whom the court fails to grant an order authorizing an abortion within the time specified in this section. Any court to which an appeal is taken under this section shall give prompt and confidential attention thereto and shall rule thereon within five business days of the filing of the appeal. The Supreme Court of Pennsylvania may issue such rules as may further assure that the process provided in this section is conducted in such a manner as will ensure confidentiality and sufficient precedence over other pending matters to ensure promptness of disposition.


(i) Penalty.--Any person who performs an abortion upon a woman who is an unemancipated minor or incapacitated person to whom this section applies either with knowledge that she is a minor or incapacitated person to whom this section applies, or with reckless disregard or negligence as to whether she is a minor or incapacitated person to whom this section applies, and who intentionally, knowingly or recklessly fails to conform to any requirement of this section is guilty of “unprofessional conduct” and his license for the practice of medicine and surgery shall be suspended in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts, for a period of at least three months. Failure to comply with the requirements of this section is prima facie evidence of failure to obtain informed consent and of interference with family relations in appropriate civil actions. The law of this Commonwealth shall not be construed to preclude the award of exemplary damages or damages for emotional distress even if unaccompanied by physical complications in any appropriate civil action relevant to violations of this section. Nothing in this section shall be construed to limit the common law rights of parents.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 2, effective in 60 days; 1992, April 16, P.L. 108, No. 24, § 17, effective in 60 days.


[FN1] 63 P.S. § 271.1 et seq.


[FN2] 63 P.S. § 422.1 et seq.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3207

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3207. Abortion facilities


(a) Regulations.--The department shall have power to make rules and regulations pursuant to this chapter, with respect to performance of abortions and with respect to facilities in which abortions are performed, so as to protect the health and safety of women having abortions and of premature infants aborted alive. These rules and regulations shall include, but not be limited to, procedures, staff, equipment and laboratory testing requirements for all facilities offering abortion services.


(b) Reports.--Within 30 days after the effective date of this chapter, every facility at which abortions are performed shall file, and update immediately upon any change, a report with the department, containing the following information:


(1) Name and address of the facility.


(2) Name and address of any parent, subsidiary or affiliated organizations, corporations or associations.


(3) Name and address of any parent, subsidiary or affiliated organizations, corporations or associations having contemporaneous commonality of ownership, beneficial interest, directorship or officership with any other facility.


The information contained in those reports which are filed pursuant to this subsection by facilities which receive State-appropriated funds during the 12-calendar-month period immediately preceding a request to inspect or copy such reports shall be deemed public information. Reports filed by facilities which do not receive State appropriated funds shall only be available to law enforcement officials, the State Board of Medicine and the State Board of Osteopathic Medicine for use in the performance of their official duties. Any facility failing to comply with the provisions of this subsection shall be assessed by the department a fine of $500 for each day it is in violation hereof.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, 262, P.L. No. 31, § 4, effective in 30 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3208

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3208. Printed information


(a) General rule.--The department shall cause to be published in English, Spanish and Vietnamese, within 60 days after this chapter becomes law, and shall update on an annual basis, the following easily comprehensible printed materials:


(1) Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer and a description of the manner, including telephone numbers, in which they might be contacted, or, at the option of the department, printed materials including a toll-free, 24-hour a day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer. The materials shall provide information on the availability of medical assistance benefits for prenatal care, childbirth and neonatal care, and state that it is unlawful for any individual to coerce a woman to undergo abortion, that any physician who performs an abortion upon a woman without obtaining her informed consent or without according her a private medical consultation may be liable to her for damages in a civil action at law, that the father of a child is liable to assist in the support of that child, even in instances where the father has offered to pay for an abortion and that the law permits adoptive parents to pay costs of prenatal care, childbirth and neonatal care.


(2) Materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, including pictures representing the development of unborn children at two-week gestational increments, and any relevant information on the possibility of the unborn child's survival; provided that any such pictures or drawings must contain the dimensions of the fetus and must be realistic and appropriate for the woman's stage of pregnancy. The materials shall be objective, nonjudgmental and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with each such procedure and the medical risks commonly associated with carrying a child to term.


(b) Format.--The materials shall be printed in a typeface large enough to be clearly legible.


(c) Free distribution.--The materials required under this section shall be available at no cost from the department upon request and in appropriate number to any person, facility or hospital.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 2, imd. effective.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3208.1

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3208.1. Commonwealth interference prohibited


The Commonwealth shall not interfere with the use of medically appropriate methods of contraception or the manner in which medically appropriate methods of contraception are provided.



CREDIT(S)


1989, Nov. 17, P.L. 592, No. 64, § 3, effective in 60 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3209

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3209. Spousal notice


(a) Spousal notice required.--In order to further the Commonwealth's interest in promoting the integrity of the marital relationship and to protect a spouse's interests in having children within marriage and in protecting the prenatal life of that spouse's child, no physician shall perform an abortion on a married woman, except as provided in subsections (b) and (c), unless he or she has received a signed statement, which need not be notarized, from the woman upon whom the abortion is to be performed, that she has notified her spouse that she is about to undergo an abortion. The statement shall bear a notice that any false statement made therein is punishable by law.


(b) Exceptions.--The statement certifying that the notice required by subsection (a) has been given need not be furnished where the woman provides the physician a signed statement certifying at least one of the following:


(1) Her spouse is not the father of the child.


(2) Her spouse, after diligent effort, could not be located.


(3) The pregnancy is a result of spousal sexual assault as described in section 3128 (relating to spousal sexual assault), which has been reported to a law enforcement agency having the requisite jurisdiction.


(4) The woman has reason to believe that the furnishing of notice to her spouse is likely to result in the infliction of bodily injury upon her by her spouse or by another individual.


Such statement need not be notarized, but shall bear a notice that any false statements made therein are punishable by law.


(c) Medical emergency.--The requirements of subsection (a) shall not apply in case of a medical emergency.


(d) Forms.--The department shall cause to be published forms which may be utilized for purposes of providing the signed statements required by subsections (a) and (b). The department shall distribute an adequate supply of such forms to all abortion facilities in this Commonwealth.


(e) Penalty; civil action.--Any physician who violates the provisions of this section is guilty of “unprofessional conduct,” and his or her license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts. In addition, any physician who knowingly violates the provisions of this section shall be civilly liable to the spouse who is the father of the aborted child for any damages caused thereby and for punitive damages in the amount of $5,000, and the court shall award a prevailing plaintiff a reasonable attorney fee as part of costs.



CREDIT(S)


1989, Nov. 17, P.L. 592, No. 64, § 3.


[FN1] 63 P.S. § 271.1 et seq.


[FN2] 63 P.S. § 422.1 et seq.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3210

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3210. Determination of gestational age


(a) Requirement.--Except in the case of a medical emergency which prevents compliance with this section, no abortion shall be performed or induced unless the referring physician or the physician performing or inducing it has first made a determination of the probable gestational age of the unborn child. In making such determination, the physician shall make such inquiries of the patient and perform or cause to be performed such medical examinations and tests as a prudent physician would consider necessary to make or perform in making an accurate diagnosis with respect to gestational age. The physician who performs or induces the abortion shall report the type of inquiries made and the type of examinations and tests utilized to determine the gestational age of the unborn child and the basis for the diagnosis with respect to gestational age on forms provided by the department.


(b) Penalty.--Failure of any physician to conform to any requirement of this section constitutes “unprofessional conduct” within the meaning of the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts. Upon a finding by the State Board of Medicine or the State Board of Osteopathic Medicine that any physician has failed to conform to any requirement of this section, the board shall not fail to suspend that physician's license for a period of at least three months. Intentional, knowing or reckless falsification of any report required under this section is a misdemeanor of the third degree.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 6, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.


[FN1] 63 P.S. § 271.1 et seq.


[FN2] 63 P.S. § 422.1 et seq.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3211

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3211. Abortion on unborn child of 24 or more weeks gestational age


(a) Prohibition.--Except as provided in subsection (b), no person shall perform or induce an abortion upon another person when the gestational age of the unborn child is 24 or more weeks.


(b) Exceptions.--


(1) It shall not be a violation of subsection (a) if an abortion is performed by a physician and that physician reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. No abortion shall be deemed authorized under this paragraph if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible impairment of a major bodily function.


(2) It shall not be a violation of subsection (a) if the abortion is performed by a physician and that physician reasonably believes, after making a determination of the gestational age of the unborn child in compliance with section 3210 (relating to determination of gestational age), that the unborn child is less than 24 weeks gestational age.


(c) Abortion regulated.--Except in the case of a medical emergency which, in the reasonable medical judgment of the physician performing the abortion, prevents compliance with a particular requirement of this subsection, no abortion which is authorized under subsection (b)(1) shall be performed unless each of the following conditions is met:


(1) The physician performing the abortion certifies in writing that, based upon his medical examination of the pregnant woman and his medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.


(2) Such physician's judgment with respect to the necessity for the abortion has been concurred in by one other licensed physician who certifies in writing that, based upon his or her separate personal medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.


(3) The abortion is performed in a hospital.


(4) The physician terminates the pregnancy in a manner which provides the best opportunity for the unborn child to survive, unless the physician determines, in his or her good faith medical judgment, that termination of the pregnancy in that manner poses a significantly greater risk either of the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman than would other available methods.


(5) The physician performing the abortion arranges for the attendance, in the same room in which the abortion is to be completed, of a second physician who shall take control of the child immediately after complete extraction from the mother and shall provide immediate medical care for the child, taking all reasonable steps necessary to preserve the child's life and health.


(d) Penalty.--Any person who violates subsection (a) commits a felony of the third degree. Any person who violates subsection (c) commits a misdemeanor of the second degree for the first offense and a misdemeanor of the first degree for subsequent offenses.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 6, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3212

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3212. Infanticide


(a) Status of fetus.--The law of this Commonwealth shall not be construed to imply that any human being born alive in the course of or as a result of an abortion or pregnancy termination, no matter what may be that human being's chance of survival, is not a person under the Constitution and laws of this Commonwealth.


(b) Care required.--All physicians and licensed medical personnel attending a child who is born alive during the course of an abortion or premature delivery, or after being carried to term, shall provide such child that type and degree of care and treatment which, in the good faith judgment of the physician, is commonly and customarily provided to any other person under similar conditions and circumstances. Any individual who intentionally, knowingly or recklessly violates the provisions of this subsection commits a felony of the third degree.


(c) Obligation of physician.--Whenever the physician or any other person is prevented by lack of parental or guardian consent from fulfilling his obligations under subsection (b), he shall nonetheless fulfill said obligations and immediately notify the juvenile court of the facts of the case. The juvenile court shall immediately institute an inquiry and, if it finds that the lack of parental or guardian consent is preventing treatment required under subsection (b), it shall immediately grant injunctive relief to require such treatment.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3213

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3213. Prohibited acts


(a) Payment for abortion.--Except in the case of a pregnancy which is not yet clinically diagnosable, any person who intends to perform or induce abortion shall, before accepting payment therefor, make or obtain a determination that the woman is pregnant. Any person who intentionally or knowingly accepts such a payment without first making or obtaining such a determination commits a misdemeanor of the second degree. Any person who makes such a determination erroneously either knowing that it is erroneous or with reckless disregard or negligence as to whether it is erroneous, and who either:


(1) thereupon or thereafter intentionally relies upon that determination in soliciting or obtaining any such payment; or


(2) intentionally conveys that determination to any person or persons with knowledge that, or with reckless disregard as to whether, that determination will be relied upon in any solicitation or obtaining of any such payment;


commits a misdemeanor of the second degree.


(b) Referral fee.--The payment or receipt of a referral fee in connection with the performance of an abortion is a misdemeanor of the first degree. For purposes of this section, “referral fee” means the transfer of anything of value between a physician who performs an abortion or an operator or employee of a clinic at which an abortion is performed and the person who advised the woman receiving the abortion to use the services of that physician or clinic.


(c) Regulations.--The department shall issue regulations to assure that prior to the performance of any abortion, including abortions performed in the first trimester of pregnancy, the maternal Rh status shall be determined and that anti-Rh sensitization prophylaxis shall be provided to each patient at risk of sensitization unless the patient refuses to accept the treatment. Except when there exists a medical emergency or, in the judgment of the physician, there exists no possibility of Rh sensitization, the intentional, knowing, or reckless failure to conform to the regulations issued pursuant to this subsection constitutes “unprofessional conduct” and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts.


(d) Participation in abortion.--Except for a facility devoted exclusively to the performance of abortions, no medical personnel or medical facility, nor any employee, agent or student thereof, shall be required against his or its conscience to aid, abet or facilitate performance of an abortion or dispensing of an abortifacient and failure or refusal to do so shall not be a basis for any civil, criminal, administrative or disciplinary action, penalty or proceeding, nor may it be the basis for refusing to hire or admit anyone. Nothing herein shall be construed to limit the provisions of the act of October 27, 1955 (P.L. 744, No. 222), known as the “Pennsylvania Human Relations Act.” [FN3] Any person who knowingly violates the provisions of this subsection shall be civilly liable to the person thereby injured and, in addition, shall be liable to that person for punitive damages in the amount of $5,000.


(e) In vitro fertilization.--All persons conducting, or experimenting in, in vitro fertilization shall file quarterly reports with the department, which shall be available for public inspection and copying, containing the following information:


(1) Names of all persons conducting or assisting in the fertilization or experimentation process.


(2) Locations where the fertilization or experimentation is conducted.


(3) Name and address of any person, facility, agency or organization sponsoring the fertilization or experimentation except that names of any persons who are donors or recipients of sperm or eggs shall not be disclosed.


(4) Number of eggs fertilized.


(5) Number of fertilized eggs destroyed or discarded.


(6) Number of women implanted with a fertilized egg.


Any person required under this subsection to file a report, keep records or supply information, who willfully fails to file such report, keep records or supply such information or who submits a false report shall be assessed a fine by the department in the amount of $50 for each day in which that person is in violation hereof.


(f) Notice.--


(1) Except for a facility devoted exclusively to the performance of abortions, every facility performing abortions shall prominently post a notice, not less than eight and one-half inches by eleven inches in size, entitled “Right of Conscience,” for the exclusive purpose of informing medical personnel, employees, agents and students of such facilities of their rights under subsection (d) and under section 5.2 of the Pennsylvania Human Relations Act. The facility shall post the notice required by this subsection in a location or locations where notices to employees, medical personnel and students are normally posted or, if notices are not normally posted, in a location or locations where the notice required by this subsection is likely to be seen by medical personnel, employees or students of the facility. The department shall prescribe a model notice which may be used by any facility, and any facility which utilizes the model notice or substantially similar language shall be deemed in compliance with this subsection.


(2) The department shall have the authority to assess a civil penalty of up to $5,000 against any facility for each violation of this subsection, giving due consideration to the appropriateness of the penalty with respect to the size of the facility, the gravity of the violation, the good faith of the facility and the history of previous violations. Civil penalties due under this subsection shall be paid to the department for deposit in the State Treasury and may be collected by the department in the appropriate court of common pleas. The department shall send a copy of its model notice to every facility which files a report under section 3207(b) (relating to abortion facilities). Failure to receive a notice shall not be a defense to any civil action brought pursuant to this subsection.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 7, effective in 30 days.


[FN1] 63 P.S. § 271.1 et seq.


[FN2] 63 P.S. § 422.1 et seq.


[FN3] 43 P.S. § 951 et seq.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3214

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3214. Reporting


(a) General rule.--For the purpose of promotion of maternal health and life by adding to the sum of medical and public health knowledge through the compilation of relevant data, and to promote the Commonwealth's interest in protection of the unborn child, a report of each abortion performed shall be made to the department on forms prescribed by it. The report forms shall not identify the individual patient by name and shall include the following information:


(1) Identification of the physician who performed the abortion, the concurring physician as required by section 3211(c)(2) (relating to abortion on unborn child of 24 or more weeks gestational age), the second physician as required by section 3211(c)(5) and the facility where the abortion was performed and of the referring physician, agency or service, if any.


(2) The county and state in which the woman resides.


(3) The woman's age.


(4) The number of prior pregnancies and prior abortions of the woman.


(5) The gestational age of the unborn child at the time of the abortion.


(6) The type of procedure performed or prescribed and the date of the abortion.


(7) Pre-existing medical conditions of the woman which would complicate pregnancy, if any, and, if known, any medical complication which resulted from the abortion itself.


(8) The basis for the medical judgment of the physician who performed the abortion that the abortion was necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman, where an abortion has been performed pursuant to section 3211(b)(1).


(9) The weight of the aborted child for any abortion performed pursuant to section 3211(b)(1).


(10) Basis for any medical judgment that a medical emergency existed which excused the physician from compliance with any provision of this chapter.


(11) The information required to be reported under section 3210(a) (relating to determination of gestational age).


(12) Whether the abortion was performed upon a married woman and, if so, whether notice to her spouse was given. If no notice to her spouse was given, the report shall also indicate the reason for failure to provide notice.


(b) Completion of report.--The reports shall be completed by the hospital or other licensed facility, signed by the physician who performed the abortion and transmitted to the department within 15 days after each reporting month.


(c) Pathological examinations.--When there is an abortion performed during the first trimester of pregnancy, the tissue that is removed shall be subjected to a gross or microscopic examination, as needed, by the physician or a qualified person designated by the physician to determine if a pregnancy existed and was terminated. If the examination indicates no fetal remains, that information shall immediately be made known to the physician and sent to the department within 15 days of the analysis. When there is an abortion performed after the first trimester of pregnancy where the physician has certified the unborn child is not viable, the dead unborn child and all tissue removed at the time of the abortion shall be submitted for tissue analysis to a board eligible or certified pathologist. If the report reveals evidence of viability or live birth, the pathologist shall report such findings to the department within 15 days and a copy of the report shall also be sent to the physician performing the abortion. Intentional, knowing, reckless or negligent failure of the physician to submit such an unborn child or such tissue remains to such a pathologist for such a purpose, or intentional, knowing or reckless failure of the pathologist to report any evidence of live birth or viability to the department in the manner and within the time prescribed is a misdemeanor of the third degree.


(d) Form.--The department shall prescribe a form on which pathologists may report any evidence of absence of pregnancy, live birth or viability.


(e) Statistical reports; public availability of reports.--


(1) The department shall prepare a comprehensive annual statistical report for the General Assembly based upon the data gathered under subsections (a) and (h). Such report shall not lead to the disclosure of the identity of any person filing a report or about whom a report is filed, and shall be available for public inspection and copying.


(2) Reports filed pursuant to subsection (a) or (h) shall not be deemed public records within the meaning of that term as defined by the act of June 21, 1957 (P.L. 390, No. 212), referred to as the Right-to-Know Law, [FN1] and shall remain confidential, except that disclosure may be made to law enforcement officials upon an order of a court of common pleas after application showing good cause therefor. The court may condition disclosure of the information upon any appropriate safeguards it may impose.


(3) Original copies of all reports filed under subsections (a), (f) and (h) shall be available to the State Board of Medicine and the State Board of Osteopathic Medicine for use in the performance of their official duties.


(4) Any person who willfully discloses any information obtained from reports filed pursuant to subsection (a) or (h), other than that disclosure authorized under paragraph (1), (2) or (3) hereof or as otherwise authorized by law, shall commit a misdemeanor of the third degree.


(f) Report by facility.--Every facility in which an abortion is performed within this Commonwealth during any quarter year shall file with the department a report showing the total number of abortions performed within the hospital or other facility during that quarter year. This report shall also show the total abortions performed in each trimester of pregnancy. Any report shall be available for public inspection and copying only if the facility receives State-appropriated funds within the 12-calendar-month period immediately preceding the filing of the report. These reports shall be submitted on a form prescribed by the department which will enable a facility to indicate whether or not it is receiving State-appropriated funds. If the facility indicates on the form that it is not receiving State-appropriated funds, the department shall regard its report as confidential unless it receives other evidence which causes it to conclude that the facility receives State-appropriated funds.


(g) Report of maternal death.--After 30 days' public notice, the department shall henceforth require that all reports of maternal deaths occurring within the Commonwealth arising from pregnancy, childbirth or intentional abortion in every case state the cause of death, the duration of the woman's pregnancy when her death occurred and whether or not the woman was under the care of a physician during her pregnancy prior to her death and shall issue such regulations as are necessary to assure that such information is reported, conducting its own investigation if necessary in order to ascertain such data. A woman shall be deemed to have been under the care of a physician prior to her death for the purpose of this chapter when she had either been examined or treated by a physician, not including any examination or treatment in connection with emergency care for complications of her pregnancy or complications of her abortion, preceding the woman's death at any time which is both 21 or more days after the time she became pregnant and within 60 days prior to her death. Known incidents of maternal mortality of nonresident women arising from induced abortion performed in this Commonwealth shall be included as incidents of maternal mortality arising from induced abortions. Incidents of maternal mortality arising from continued pregnancy or childbirth and occurring after induced abortion has been attempted but not completed, including deaths occurring after induced abortion has been attempted but not completed as the result of ectopic pregnancy, shall be included as incidents of maternal mortality arising from induced abortion. The department shall annually compile a statistical report for the General Assembly based upon the data gathered under this subsection, and all such statistical reports shall be available for public inspection and copying.


(h) Report of complications.--Every physician who is called upon to provide medical care or treatment to a woman who is in need of medical care because of a complication or complications resulting, in the good faith judgment of the physician, from having undergone an abortion or attempted abortion shall prepare a report thereof and file the report with the department within 30 days of the date of his first examination of the woman, which report shall be on forms prescribed by the department, which forms shall contain the following information, as received, and such other information except the name of the patient as the department may from time to time require:


(1) Age of patient.


(2) Number of pregnancies patient may have had prior to the abortion.


(3) Number and type of abortions patient may have had prior to this abortion.


(4) Name and address of the facility where the abortion was performed.


(5) Gestational age of the unborn child at the time of the abortion, if known.


(6) Type of abortion performed, if known.


(7) Nature of complication or complications.


(8) Medical treatment given.


(9) The nature and extent, if known, of any permanent condition caused by the complication.


(i) Penalties.--


(1) Any person required under this section to file a report, keep any records or supply any information, who willfully fails to file such report, keep such records or supply such information at the time or times required by law or regulation is guilty of “unprofessional conduct” and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN2] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN3] or their successor acts.


(2) Any person who willfully delivers or discloses to the department any report, record or information known by him to be false commits a misdemeanor of the first degree.


(3) In addition to the above penalties, any person, organization or facility who willfully violates any of the provisions of this section requiring reporting shall upon conviction thereof:


(i) For the first time, have its license suspended for a period of six months.


(ii) For the second time, have its license suspended for a period of one year.


(iii) For the third time, have its license revoked.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 8, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, imd. effective.


[FN1] 65 P.S. § 66.1 et seq.


[FN2] 63 P.S. § 271.1 et seq.


[FN3] 63 P.S. § 422.1 et seq.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3215

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3215. Publicly owned facilities; public officials and public funds


(a) Limitations.--No hospital, clinic or other health facility owned or operated by the Commonwealth, a county, a city or other governmental entity (except the government of the United States, another state or a foreign nation) shall:


(1) Provide, induce, perform or permit its facilities to be used for the provision, inducement or performance of any abortion except where necessary to avert the death of the woman or where necessary to terminate pregnancies initiated by acts of rape or incest if reported in accordance with requirements set forth in subsection (c).


(2) Lease or sell or permit the subleasing of its facilities or property to any physician or health facility for use in the provision, inducement or performance of abortion, except abortion necessary to avert the death of the woman or to terminate pregnancies initiated by acts of rape or incest if reported in accordance with requirements set forth in subsection (c).


(3) Enter into any contract with any physician or health facility under the terms of which such physician or health facility agrees to provide, induce or perform abortions, except abortion necessary to avert the death of the woman or to terminate pregnancies initiated by acts of rape or incest if reported in accordance with requirements set forth in subsection (c).


(b) Permitted treatment.--Nothing in subsection (a) shall be construed to preclude any hospital, clinic or other health facility from providing treatment for post-abortion complications.


(c) Public funds.--No Commonwealth funds and no Federal funds which are appropriated by the Commonwealth shall be expended by any State or local government agency for the performance of abortion, except:


(1) When abortion is necessary to avert the death of the mother on certification by a physician. When such physician will perform the abortion or has a pecuniary or proprietary interest in the abortion there shall be a separate certification from a physician who has no such interest.


(2) When abortion is performed in the case of pregnancy caused by rape which, prior to the performance of the abortion, has been reported, together with the identity of the offender, if known, to a law enforcement agency having the requisite jurisdiction and has been personally reported by the victim.


(3) When abortion is performed in the case of pregnancy caused by incest which, prior to the performance of the abortion, has been personally reported by the victim to a law enforcement agency having the requisite jurisdiction, or, in the case of a minor, to the county child protective service agency and the other party to the incestuous act has been named in such report.


(d) Health plans.--No health plan for employees, funded with any Commonwealth funds, shall include coverage for abortion, except under the same conditions and requirements as provided in subsection (c). The prohibition contained herein shall not apply to health plans for which abortion coverage has been expressly bargained for in any collective bargaining agreement presently in effect, but shall be construed to preclude such coverage with respect to any future agreement.


(e) Insurance policies.--All insurers who make available health care and disability insurance policies in this Commonwealth shall make available such policies which contain an express exclusion of coverage for abortion services not necessary to avert the death of the woman or to terminate pregnancies caused by rape or incest.


(f) Public officers; ordering abortions.--Except in the case of a medical emergency, no court, judge, executive officer, administrative agency or public employee of the Commonwealth or of any local governmental body shall have power to issue any order requiring an abortion without the express voluntary consent of the woman upon whom the abortion is to be performed or shall coerce any person to have an abortion.


(g) Public officers; limiting benefits prohibited.--No court, judge, executive officer, administrative agency or public employee of the Commonwealth or of any local governmental body shall withhold, reduce or suspend or threaten to withhold, reduce or suspend any benefits to which a person would otherwise be entitled on the ground that such person chooses not to have an abortion.


(h) Penalty.--Whoever orders an abortion in violation of subsection (f) or withholds, reduces or suspends any benefits or threatens to withhold, reduce or suspend any benefits in violation of subsection (g) commits a misdemeanor of the first degree.


(i) Public funds for legal services.--No Federal or State funds which are appropriated by the Commonwealth for the provision of legal services by private agencies, and no public funds generated by collection of interest on lawyer's trust accounts, as authorized by statute previously or subsequently enacted, may be used, directly or indirectly, to:


(1) Advocate the freedom to choose abortion or the prohibition of abortion.


(2) Provide legal assistance with respect to any proceeding or litigation which seeks to procure or prevent any abortion or to procure or prevent public funding for any abortion.


(3) Provide legal assistance with respect to any proceeding or litigation which seeks to compel or prevent the performance or assistance in the performance of any abortion, or the provision of facilities for the performance of any abortion.


Nothing in this subsection shall be construed to require or prevent the expenditure of funds pursuant to a court order awarding fees for attorney's services under the Civil Rights Attorney's Fees Awards Act of 1976 (Public law 94-559, 90 Stat. 2641), nor shall this subsection be construed to prevent the use of public funds to provide court appointed counsel in any proceeding authorized under section 3206 (relating to parental consent).


(j) Required statements.--No Commonwealth agency shall make any payment from Federal or State funds appropriated by the Commonwealth for the performance of any abortion pursuant to subsection (c)(2) or (3) unless the Commonwealth agency first:


(1) receives from the physician or facility seeking payment a statement signed by the physician performing the abortion stating that, prior to performing the abortion, he obtained a non-notarized, signed statement from the pregnant woman stating that she was a victim of rape or incest, as the case may be, and that she reported the crime, including the identity of the offender, if known, to a law enforcement agency having the requisite jurisdiction or, in the case of incest where a pregnant minor is the victim, to the county child protective service agency and stating the name of the law enforcement agency or child protective service agency to which the report was made and the date such report was made;


(2) receives from the physician or facility seeking payment, the signed statement of the pregnant woman which is described in paragraph (1). The statement shall bear the notice that any false statements made therein are punishable by law and shall state that the pregnant woman is aware that false reports to law enforcement authorities are punishable by law; and


(3) verifies with the law enforcement agency or child protective service agency named in the statement of the pregnant woman whether a report of rape or incest was filed with the agency in accordance with the statement.


The Commonwealth agency shall report any evidence of false statements, of false reports to law enforcement authorities or of fraud in the procurement or attempted procurement of any payment from Federal or State funds appropriated by the Commonwealth pursuant to this section to the district attorney of appropriate jurisdiction and, where appropriate, to the Attorney General.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 9, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3216

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3216. Fetal experimentation


(a) Unborn or live child.--Any person who knowingly performs any type of nontherapeutic experimentation or nontherapeutic medical procedure (except an abortion as defined in this chapter) upon any unborn child, or upon any child born alive during the course of an abortion, commits a felony of the third degree. “Nontherapeutic” means that which is not intended to preserve the life or health of the child upon whom it is performed.


(b) Dead child.-- The following standards govern the procurement and use of any fetal tissue or organ which is used in animal or human transplantation, research or experimentation:


(1) No fetal tissue or organs may be procured or used without the written consent of the mother. No consideration of any kind for such consent may be offered or given. Further, if the tissue or organs are being derived from abortion, such consent shall be valid only if obtained after the decision to abort has been made.


(2) No person who provides the information required by section 3205 (relating to informed consent) shall employ the possibility of the use of aborted fetal tissue or organs as an inducement to a pregnant woman to undergo abortion except that payment for reasonable expenses occasioned by the actual retrieval, storage, preparation and transportation of the tissues is permitted.


(3) No remuneration, compensation or other consideration may be paid to any person or organization in connection with the procurement of fetal tissue or organs.


(4) All persons who participate in the procurement, use or transplantation of fetal tissue or organs, including the recipients of such tissue or organs, shall be informed as to whether the particular tissue or organ involved was procured as a result of either:


(i) stillbirth;


(ii) miscarriage;


(iii) ectopic pregnancy;


(iv) abortion; or


(v) any other means.


(5) No person who consents to the procurement or use of any fetal tissue or organ may designate the recipient of that tissue or organ, nor shall any other person or organization act to fulfill that designation.


(6) The department may assess a civil penalty upon any person who procures, sells or uses any fetal tissue or organs in violation of this section or the regulations issued thereunder. Such civil penalties may not exceed $5,000 for each separate violation. In assessing such penalties, the department shall give due consideration to the gravity of the violation, the good faith of the violator and the history of previous violations. Civil penalties due under this paragraph shall be paid to the department for deposit in the State Treasury and may be enforced by the department in the Commonwealth Court.


(c) Construction of section.--Nothing in this section shall be construed to condone or prohibit the performance of diagnostic tests while the unborn child is in utero or the performance of pathological examinations on an aborted child. Nor shall anything in this section be construed to condone or prohibit the performance of in vitro fertilization and accompanying embryo transfer.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3217

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3217. Civil penalties


Any physician who knowingly violates any of the provisions of section 3204 (relating to medical consultation and judgment) or 3205 (relating to informed consent) shall, in addition to any other penalty prescribed in this chapter, be civilly liable to his patient for any damages caused thereby and, in addition, shall be liable to his patient for punitive damages in the amount of $5,000, and the court shall award a prevailing plaintiff a reasonable attorney fee as part of costs.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 10, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3218

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3218. Criminal penalties


(a) Application of chapter.--Notwithstanding any other provision of this chapter, no criminal penalty shall apply to a woman who violates any provision of this chapter solely in order to perform or induce or attempt to perform or induce an abortion upon herself. Nor shall any woman who undergoes an abortion be found guilty of having committed an offense, liability for which is defined under section 306 (relating to liability for conduct of another; complicity) or Chapter 9 (relating to inchoate crimes), by reason of having undergone such abortion.


(b) False statement, etc.--A person commits a misdemeanor of the second degree if, with intent to mislead a public servant in performing his official function under this chapter, such person:


(1) makes any written false statement which he does not believe to be true; or


(2) submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity.


(c) Statements “under penalty”.--A person commits a misdemeanor of the third degree if such person makes a written false statement which such person does not believe to be true on a statement submitted as required under this chapter, bearing notice to the effect that false statements made therein are punishable.


(d) Perjury provisions applicable.--Section 4902(c) through (f) (relating to perjury) apply to subsections (b) and (c).



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 10, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3219

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3219. State Board of Medicine; State Board of Osteopathic Medicine


(a) Enforcement.--It shall be the duty of the State Board of Medicine and the State Board of Osteopathic Medicine to vigorously enforce those provisions of this chapter, violation of which constitutes “unprofessional conduct” within the meaning of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, [FN2] or their successor acts. Each board shall have the power to conduct, and its responsibilities shall include, systematic review of all reports filed under this chapter.


(b) Penalties.--Except as otherwise herein provided, upon a finding of “unprofessional conduct” under the provisions of this chapter, the board shall, for the first such offense, prescribe such penalties as it deems appropriate; for the second such offense, suspend the license of the physician for at least 90 days; and, for the third such offense, revoke the license of the physician.


(c) Reports.--The board shall prepare and submit an annual report of its enforcement efforts under this chapter to the General Assembly, which shall contain the following items:


(1) number of violations investigated, by section of this chapter;


(2) number of physicians complained against;


(3) number of physicians investigated;


(4) penalties imposed; and


(5) such other information as any committee of the General Assembly shall require.


Such reports shall be available for public inspection and copying.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 10, effective in 30 days.


[FN1] 63 P.S. § 271.1 et seq.


[FN2] 63 P.S. § 422.1 et seq.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 3220

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3220. Construction


(a) Referral to coroner.--The provisions of section 503(3) of the act of June 29, 1953 (P.L. 304, No. 66), known as the “Vital Statistics Law of 1953,” [FN1] shall not be construed to require referral to the coroner of cases of abortions performed in compliance with this chapter.


(b) Other laws unaffected.--Apart from the provisions of subsection (a) and section 3214 (relating to reporting) nothing in this chapter shall have the effect of modifying or repealing any part of the “Vital Statistics Law of 1953” or section 5.2 of the act of October 27, 1955 (P.L. 744, No. 222), known as the “Pennsylvania Human Relations Act.” [FN2]


(c) Required statement.--When any provision of this chapter requires the furnishing or obtaining of a nonnotarized statement or verification, the furnishing or acceptance of a notarized statement or verification shall not be deemed a violation of that provision.



CREDIT(S)


1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.


[FN1] 35 P.S. § 450.503(3).


[FN2] 43 P.S. § 955.2.


 

Current through Regular Session Act 2013-4


Chapter 948. Crimes Against Children

Tags:20 WI (1.8%)

CHAPTER 948. CRIMES AGAINST ANIMALS [RENUMBERED]


<1987 Act 322, § 54, eff. July 1, 1989 renumbered St.1985, chapter 948, consisting of §§ 948.01 to 948.18, as chapter 951.>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.01

Effective: January 1, 2011


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.01. Definitions


In this chapter, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction:


(1) “Child” means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17 years.


(1d) “Exhibit,” with respect to a recording of an image that is not viewable in its recorded form, means to convert the recording of the image into a form in which the image may be viewed.


(1g) “Joint legal custody” has the meaning given in s. 767.001(1s).


(1r) “Legal custody” has the meaning given in s. 767.001(2).


(2) “Mental harm” means substantial harm to a child's psychological or intellectual functioning which may be evidenced by a substantial degree of certain characteristics of the child including, but not limited to, anxiety, depression, withdrawal or outward aggressive behavior. “Mental harm” may be demonstrated by a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child's age and stage of development.


(3) “Person responsible for the child's welfare” includes the child's parent; stepparent; guardian; foster parent; an employee of a public or private residential home, institution, or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.


(3m) “Physical placement” has the meaning given in s. 767.001(5).


(3r) “Recording” includes the creation of a reproduction of an image or a sound or the storage of data representing an image or a sound.


(4) “Sadomasochistic abuse” means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.


(5) “Sexual contact” means any of the following:


(a) Any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant:


1. Intentional touching by the defendant or, upon the defendant's instruction, by another person, by the use of any body part or object, of the complainant's intimate parts.


2. Intentional touching by the complainant, by the use of any body part or object, of the defendant's intimate parts or, if done upon the defendant's instructions, the intimate parts of another person.


(b) Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.


(c) For the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant, intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant's body, whether clothed or unclothed.


(6) “Sexual intercourse” means vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by the defendant or upon the defendant's instruction. The emission of semen is not required.


(7) “Sexually explicit conduct” means actual or simulated:


(a) Sexual intercourse, meaning vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by a person or upon the person's instruction. The emission of semen is not required;


(b) Bestiality;


(c) Masturbation;


(d) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or


(e) Lewd exhibition of intimate parts.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.015

Effective: April 24, 2012


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.015. Other offenses against children


In addition to the offenses under this chapter, offenses against children include, but are not limited to, the following:


(1) Sections 103.19 to 103.32 and 103.64 to 103.82, relating to employment of minors.


(2) Section 118.13, relating to pupil discrimination.


(3) Section 125.07, relating to furnishing alcohol beverages to underage persons.


(4) Section 253.11, relating to infant blindness.


(5) Section 254.12, relating to applying lead-bearing paints or selling or transferring a fixture or other object containing a lead-bearing paint.


(6) Sections 961.01(6) and (9) and 961.49, relating to delivering and distributing controlled substances or controlled substance analogs to children.


(7) Section 444.09(4), relating to boxing.


(8) Section 961.573(3)(b)2., relating to the use or possession of methamphetamine-related drug paraphernalia in the presence of a child who is 14 years of age or younger.


(9) A crime that involves an act of domestic abuse, as defined in s. 968.075(1)(a), if the court includes in its reasoning under s. 973.017(10m) for its sentencing decision the aggravating factor under s. 973. 017(6m).


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.02

Effective: March 27, 2008


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.02. Sexual assault of a child


(1) First degree sexual assault. (am) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years and causes great bodily harm to the person is guilty of a Class A felony.


(b) Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony.


(c) Whoever has sexual intercourse with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony.


(d) Whoever has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony if the actor is at least 18 years of age when the sexual contact occurs.


(e) Whoever has sexual contact with a person who has not attained the age of 13 years is guilty of a Class B felony.


(2) Second degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.


(3) Failure to act. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.


(4) Marriage not a bar to prosecution. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.


(5) Death of victim. This section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.025

Effective: March 27, 2008


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.025. Engaging in repeated acts of sexual assault of the same child


(1) Whoever commits 3 or more violations under s. 948.02(1) or (2) within a specified period of time involving the same child is guilty of:


(a) A Class A felony if at least 3 of the violations were violations of s. 948.02(1)(am).


(b) A Class B felony if at least 3 of the violations were violations of s. 948.02(1)(am), (b), or (c).


(c) A Class B felony if at least 3 of the violations were violations of s. 948.02(1)(am), (b), (c), or (d).


(d) A Class B felony if at least 3 of the violations were violations of s. 948.02(1).


(e) A Class C felony if at least 3 of the violations were violations of s. 948.02(1) or (2).


(2)(a) If an action under sub. (1)(a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1)(am) occurred within the specified period of time but need not agree on which acts constitute the requisite number.


(b) If an action under sub. (1)(b) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1)(am), (b), or (c) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02(1)(am), (b), or (c).


(c) If an action under sub. (1)(c) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1)(am), (b), (c), or (d) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02(1)(am), (b), (c), or (d).


(d) If an action under sub. (1)(d) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1) occurred within the specified period of time but need not agree on which acts constitute the requisite number.


(e) If an action under sub. (1)(e) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1) or (2) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02(1) or (2).


(3) The state may not charge in the same action a defendant with a violation of this section and with a violation involving the same child under s. 948.02or948.10, unless the other violation occurred outside of the time period applicable under sub. (1). This subsection does not prohibit a conviction for an included crime under s. 939.66 when the defendant is charged with a violation of this section.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.03

Effective: May 27, 2010


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.03. Physical abuse of a child


(1) Definitions. In this section, “recklessly” means conduct which creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the child.


(2) Intentional causation of bodily harm. (a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C felony.


(b) Whoever intentionally causes bodily harm to a child is guilty of a Class H felony.


(c) Whoever intentionally causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class F felony.


(3) Reckless causation of bodily harm. (a) Whoever recklessly causes great bodily harm to a child is guilty of a Class E felony.


(b) Whoever recklessly causes bodily harm to a child is guilty of a Class I felony.


(c) Whoever recklessly causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class H felony.


(4) Failing to act to prevent bodily harm. (a) A person responsible for the child's welfare is guilty of a Class F felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused great bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of great bodily harm by the other person or facilitates the great bodily harm to the child that is caused by the other person.


(b) A person responsible for the child's welfare is guilty of a Class H felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of bodily harm by the other person or facilitates the bodily harm to the child that is caused by the other person.


(6) Treatment through prayer. A person is not guilty of an offense under this section solely because he or she provides a child with treatment by spiritual means through prayer alone for healing in accordance with the religious method of healing permitted under s. 48.981(3)(c)4. or 448.03(6) in lieu of medical or surgical treatment.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.04

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.04. Causing mental harm to a child


(1) Whoever is exercising temporary or permanent control of a child and causes mental harm to that child by conduct which demonstrates substantial disregard for the mental well-being of the child is guilty of a Class F felony.


(2) A person responsible for the child's welfare is guilty of a Class F felony if that person has knowledge that another person has caused, is causing or will cause mental harm to that child, is physically and emotionally capable of taking action which will prevent the harm, fails to take that action and the failure to act exposes the child to an unreasonable risk of mental harm by the other person or facilitates the mental harm to the child that is caused by the other person.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.05

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.05. Sexual exploitation of a child


(1) Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child may be penalized under sub. (2p):


(a) Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of recording or displaying in any way the conduct.


(b) Records or displays in any way a child engaged in sexually explicit conduct.


(1m) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct may be penalized under sub. (2p) if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.


(2) A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub. (1)(a) or (b) or (1m) may be penalized under sub. (2p).


(2p)(a) Except as provided in par. (b), a person who violates sub. (1), (1m), or (2) is guilty of a Class C felony.


(b) A person who violates sub. (1), (1m), or (2) is guilty of a Class F felony if the person is under 18 years of age when the offense occurs.


(3) It is an affirmative defense to prosecution for violation of sub. (1)(a) or (b) or (2) if the defendant had reasonable cause to believe that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.051

Effective: April 3, 2008


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.051. Trafficking of a child


(1) Whoever knowingly recruits, entices, provides, obtains, or harbors, or knowingly attempts to recruit, entice, provide, obtain, or harbor, any child for the purpose of commercial sex acts, as defined in s. 940.302(1)(a), or sexually explicit performance is guilty of a Class C felony.


(2) Whoever benefits in any manner from a violation of sub. (1) is guilty of a Class C felony if the person knows that the benefits come from an act described in sub. (1).


(3) Any person who incurs an injury or death as a result of a violation of sub. (1) or (2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.055

Effective: April 27, 2012


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.055. Causing a child to view or listen to sexual activity


(1) Whoever intentionally causes a child who has not attained 18 years of age, or an individual who the actor believes or has reason to believe has not attained 18 years of age, to view or listen to sexually explicit conduct may be penalized as provided in sub. (2) if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or humiliating or degrading the child or individual.


(2) Whoever violates sub. (1) is guilty of:


(a) A Class F felony if any of the following applies:


1. The child has not attained the age of 13 years.


2. The actor believes or has reason to believe that the child has not attained the age of 13 years.


(b) A Class H felony if any of the following applies:


1. The child has attained the age of 13 years but has not attained the age of 18 years.


2. The actor believes or has reason to believe that the child has attained the age of 13 years but has not attained the age of 18 years.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.06

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.06. Incest with a child


Whoever does any of the following is guilty of a Class C felony:


(1) Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin.


(1m) Has sexual contact or sexual intercourse with a child if the actor is the child's stepparent.


(2) Is a person responsible for the child's welfare and:


(a) Has knowledge that another person who is related to the child by blood or adoption in a degree of kinship closer than 2nd cousin or who is a child's stepparent has had or intends to have sexual intercourse or sexual contact with the child;


(b) Is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated;


(c) Fails to take that action; and


(d) The failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.07

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.07. Child enticement


Whoever, with intent to commit any of the following acts, causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class D felony:


(1) Having sexual contact or sexual intercourse with the child in violation of s. 948.02, 948.085, or 948.095.


(2) Causing the child to engage in prostitution.


(3) Exposing a sex organ to the child or causing the child to expose a sex organ in violation of s. 948.10.


(4) Recording the child engaging in sexually explicit conduct.


(5) Causing bodily or mental harm to the child.


(6) Giving or selling to the child a controlled substance or controlled substance analog in violation of ch. 961.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.075

Effective: March 28, 2008


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.075. Use of a computer to facilitate a child sex crime


(1r) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual in violation of s. 948.02(1) or (2) is guilty of a Class C felony.


(2) This section does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor.


(3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub. (1r) shall be necessary to prove that intent.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.08

Effective: March 27, 2008


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.08. Soliciting a child for prostitution


Whoever intentionally solicits or causes any child to engage in an act of prostitution or establishes any child in a place of prostitution is guilty of a Class D felony.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.085

Effective: January 1, 2011


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.085. Sexual assault of a child placed in substitute care


Whoever does any of the following is guilty of a Class C felony:


(1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent .


(2) Has sexual contact or sexual intercourse with a child who is placed in any of the following facilities if the actor works or volunteers at the facility or is directly or indirectly responsible for managing it:


(a) A shelter care facility licensed under s. 48.66(1)(a).


(b) A group home licensed under s. 48.625 or 48.66(1).


(c) A facility described in s. 940.295(2)(m).


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.09

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.09. Sexual intercourse with a child age 16 or older


Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.095

Effective: May 27, 2010


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.095. Sexual assault of a child by a school staff person or a person who works or volunteers with children


(1) In this section:


(a) “School” means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001(15m).


(b) “School staff” means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract.


(2) Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant's spouse is guilty of a Class H felony if all of the following apply:


(a) The child is enrolled as a student in a school or a school district.


(b) The defendant is a member of the school staff of the school or school district in which the child is enrolled as a student.


(3)(a) A person who has attained the age of 21 years and who engages in an occupation or participates in a volunteer position that requires him or her to work or interact directly with children may not have sexual contact or sexual intercourse with a child who has attained the age of 16 years, who is not the person's spouse, and with whom the person works or interacts through that occupation or volunteer position.


(b) Whoever violates par. (a) is guilty of a Class H felony.


(c) Paragraph (a) does not apply to an offense to which sub. (2) applies.


(d) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact directly with children:


1. Teaching children.


2. Child care.


3. Youth counseling.


4. Youth organization.


5. Coaching children.


6. Parks or playground recreation.


7. School bus driving.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.10

Effective: May 6, 2010


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.10. Exposing genitals or pubic area


(1) Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals or pubic area or exposes genitals or pubic area to a child is guilty of the following:


(a) Except as provided in par. (b), a Class I felony.


(b) A Class A misdemeanor if any of the following applies:


1. The actor is a child when the violation occurs.


2. At the time of the violation, the actor had not attained the age of 19 years and was not more than 4 years older than the child.


(2) Subsection (1) does not apply under any of the following circumstances:


(a) The child is the defendant's spouse.


(b) A mother's breast-feeding of her child.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.11

Effective: May 27, 2010


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.11. Exposing a child to harmful material or harmful descriptions or narrations


(1) Definitions. In this section:


(ag) “Harmful description or narrative account” means any explicit and detailed description or narrative account of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality that, taken as a whole, is harmful to children.


(ar) “Harmful material” means:


1. Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that is harmful to children; or


2. Any book, pamphlet, magazine, printed matter however reproduced or recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.


(b) “Harmful to children” means that quality of any description, narrative account or representation, in whatever form, of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse, physical torture or brutality, when it:


1. Predominantly appeals to the prurient, shameful or morbid interest of children;


2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for children; and


3. Lacks serious literary, artistic, political, scientific or educational value for children, when taken as a whole.


(d) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.


(e) “Person” means any individual, partnership, firm, association, corporation or other legal entity.


(f) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.


(2) Criminal penalties. (a) Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:


1. The person knows or reasonably should know that the child has not attained the age of 18 years.


2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.


(am) Any person who has attained the age of 17 and who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:


1. The person knows or reasonably should know that the child has not attained the age of 18 years.


2. The person has face-to-face contact with the child before or during the communication.


(b) Whoever, with knowledge of the character and content of the material, possesses harmful material with the intent to sell, rent, exhibit, play, distribute, or loan the material to a child is guilty of a Class A misdemeanor if any of the following applies:


1. The person knows or reasonably should know that the child has not attained the age of 18 years.


2. The person has face-to-face contact with the child.


(c) It is an affirmative defense to a prosecution for a violation of pars. (a)2., (am)2., and (b)2. if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.


(3) Extradition. If any person is convicted under sub. (2) and cannot be found in this state, the governor or any person performing the functions of governor by authority of the law shall, unless the convicted person has appealed from the judgment of contempt or conviction and the appeal has not been finally determined, demand his or her extradition from the executive authority of the state in which the person is found.


(4) Libraries and educational institutions. (a) The legislature finds that the libraries and educational institutions under par. (b) carry out the essential purpose of making available to all citizens a current, balanced collection of books, reference materials, periodicals, sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature of American society. The legislature further finds that it is in the interest of the state to protect the financial resources of libraries and educational institutions from being expended in litigation and to permit these resources to be used to the greatest extent possible for fulfilling the essential purpose of libraries and educational institutions.


(b) No person who is an employee, a member of the board of directors or a trustee of any of the following is liable to prosecution for violation of this section for acts or omissions while in his or her capacity as an employee, a member of the board of directors or a trustee:


1. A public elementary or secondary school.


2. A private school, as defined in s. 115.001(3r), or a tribal school, as defined in s. 115.001(15m).


3. Any school offering vocational, technical or adult education that:


a. Is a technical college, is a school approved by the educational approval board under s. 38.50, or is a school described in s. 38.50(1)(e)6., 7. or 8.; and


b. Is exempt from taxation under section 501(c)(3) of the internal revenue code, as defined in s. 71.01(6).


4. Any institution of higher education that is accredited, as described in s. 39.30(1)(d), and is exempt from taxation under section 501(c)(3) of the internal revenue code, as defined in s. 71.01(6).


5. A library that receives funding from any unit of government.


(5) Severability. The provisions of this section, including the provisions of sub. (4), are severable, as provided in s. 990.001(11).


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.12

Effective: April 24, 2012


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.12. Possession of child pornography


(1m) Whoever possesses, or accesses in any way with the intent to view, any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances may be penalized under sub. (3):


(a) The person knows that he or she possesses or has accessed the material.


(b) The person knows , or reasonably should know, that the material that is possessed or accessed contains depictions of sexually explicit conduct .


(c) The person knows or reasonably should know that the child depicted in the material who is engaged in sexually explicit conduct has not attained the age of 18 years.


(2m) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, may be penalized under sub. (3):


(a) The person knows that he or she has exhibited or played the recording.


(b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.


(c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.


(3)(a) Except as provided in par. (b), a person who violates sub. (1m) or (2m) is guilty of a Class D felony.


(b) A person who violates sub. (1m) or (2m) is guilty of a Class I felony if the person is under 18 years of age when the offense occurs.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.13

Effective: April 3, 2008


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.13. Child sex offender working with children


(1) In this section, “serious child sex offense” means any of the following:


(a) A crime under s. 940.22(2) or 940.225(2)(c) or (cm), if the victim is under 18 years of age at the time of the offense, a crime under s. 940.302(2) if s. 940.302(2)(a)1. b. applies, or a crime under s. 948.02(1) or (2), 948.025(1), 948.05(1) or (1m), 948.051,948.06, 948.07(1), (2), (3), or (4), 948.075, or 948.085.


(b) A crime under federal law or the law of any other state or, prior to May 7, 1996, under the law of this state that is comparable to a crime specified in par. (a).


(2)(a) Except as provided in pars. (b) and (c), whoever has been convicted of a serious child sex offense and subsequently engages in an occupation or participates in a volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age is guilty of a Class F felony.


(b) If all of the following apply, the prohibition under par. (a) does not apply to a person who has been convicted of a serious child sex offense until 90 days after the date on which the person receives actual written notice from a law enforcement agency, as defined in s. 165.77(1)(b), of the prohibition under par. (a):


1. The only serious child sex offense for which the person has been convicted is a crime under s. 948.02(2).


2. The person was convicted of the serious child sex offense before May 7, 2002.


3. The person is eligible to petition for an exemption from the prohibition under sub. (2m) because he or she meets the criteria specified in sub. (2m)(a)1. and 1m.


(c) The prohibition under par. (a) does not apply to a person who is exempt under a court order issued under sub. (2m).


(2m)(a) A person who has been convicted of a crime under s. 948.02(2),948.025(1), or 948.085 may petition the court in which he or she was convicted to order that the person be exempt from sub. (2)(a) and permitted to engage in an occupation or participate in a volunteer position that requires the person to work or interact primarily and directly with children under 16 years of age. The court may grant a petition filed under this paragraph if the court finds that all of the following apply:


1. At the time of the commission of the crime under s. 948.02(2),948.025(1), or 948.085 the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years younger than the child with whom the person had sexual contact or sexual intercourse.


1m. The child with whom the person had sexual contact or sexual intercourse had attained the age of 13 but had not attained the age of 16.


2. It is not necessary, in the interest of public protection, to require the person to comply with sub. (2)(a).


(b) A person filing a petition under par. (a) shall send a copy of the petition to the district attorney who prosecuted the person. The district attorney shall make a reasonable attempt to contact the victim of the crime that is the subject of the person's petition to inform the victim of his or her right to make or provide a statement under par. (d).


(c) A court may hold a hearing on a petition filed under par. (a) and the district attorney who prosecuted the person may appear at the hearing. Any hearing that a court decides to hold under this paragraph shall be held no later than 30 days after the petition is filed if the petition specifies that the person filing the petition is covered under sub. (2)(b), that he or she has received actual written notice from a law enforcement agency of the prohibition under sub. (2)(a), and that he or she is seeking an exemption under this subsection before the expiration of the 90-day period under sub. (2)(b).


(d) Before deciding a petition filed under par. (a), the court shall allow the victim of the crime that is the subject of the petition to make a statement in court at any hearing held on the petition or to submit a written statement to the court. A statement under this paragraph must be relevant to the issues specified in par. (a) 1., 1m. and 2.


(e)1. Before deciding a petition filed under par. (a), the court may request the person filing the petition to be examined by a physician, psychologist or other expert approved by the court. If the person refuses to undergo an examination requested by the court under this subdivision, the court shall deny the person's petition without prejudice.


2. If a person is examined by a physician, psychologist or other expert under subd. 1., the physician, psychologist or other expert shall file a report of his or her examination with the court, and the court shall provide copies of the report to the person and, if he or she requests a copy, to the district attorney. The contents of the report shall be confidential until the physician, psychologist or other expert has testified at a hearing held under par. (c). The report shall contain an opinion regarding whether it would be in the interest of public protection to require the person to comply with sub. (2)(a) and the basis for that opinion.


3. A person who is examined by a physician, psychologist or other expert under subd. 1. is responsible for paying the cost of the services provided by the physician, psychologist or other expert, except that if the person is indigent the cost of the services provided by the physician, psychologist or other expert shall be paid by the county. If the person claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations under s. 977.07 (1), except that the person shall be considered indigent without another determination under s. 977.07 (1) if the person is represented by the state public defender or by a private attorney appointed under s. 977.08.


(em) A court shall decide a petition no later than 45 days after the petition is filed if the petition specifies that the person filing the petition is covered under sub. (2)(b), that he or she has received actual written notice from a law enforcement agency of the prohibition under sub. (2)(a), and that he or she is seeking an exemption under this subsection before the expiration of the 90-day period under sub. (2)(b).


(f) The person who filed the petition under par. (a) has the burden of proving by clear and convincing evidence that he or she satisfies the criteria specified in par. (a)1., 1m. and 2. In deciding whether the person has satisfied the criterion specified in par. (a)2., the court may consider any of the following:


1. The ages, at the time of the violation, of the person who filed the petition and the victim of the crime that is the subject of the petition.


2. The relationship between the person who filed the petition and the victim of the crime that is the subject of the petition.


3. Whether the crime that is the subject of the petition resulted in bodily harm to the victim.


4. Whether the victim of the crime that is the subject of the petition suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.


5. The probability that the person who filed the petition will commit other serious child sex offenses in the future.


6. The report of the examination conducted under par. (e).


7. Any other factor that the court determines may be relevant to the particular case.


(3) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact primarily and directly with children under 16 years of age:


(a) Teaching children.


(b) Child care.


(c) Youth counseling.


(d) Youth organization.


(e) Coaching children.


(f) Parks or playground recreation .


(g) School bus driving.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.14

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.14. Registered sex offender and photographing minors


(1) Definitions. In this section:


(a) “Captures a representation” has the meaning given in s. 942.09(1)(a).


(b) “Minor” means an individual who is under 17 years of age.


(c) “Representation” has the meaning giving in s. 942.09(1)(c).


(d) “Sex offender” means a person who is required to register under s. 301.45.


(2) Prohibition. (a) A sex offender may not intentionally capture a representation of any minor without the written consent of the minor's parent, legal custodian, or guardian. The written consent required under this paragraph shall state that the person seeking the consent is required to register as a sex offender with the department of corrections.


(b) Paragraph (a) does not apply to a sex offender who is capturing a representation of a minor if the sex offender is the minor's parent, legal custodian, or guardian.


(3) Penalty. Whoever violates sub. (2) is guilty of a Class I felony.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.15

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.15 to 948.18. Renumbered 951.15 to 951.18 by 1987 Act 332, § 54, eff. July 1, 1989


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.16

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.15 to 948.18. Renumbered 951.15 to 951.18 by 1987 Act 332, § 54, eff. July 1, 1989


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.17

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.15 to 948.18. Renumbered 951.15 to 951.18 by 1987 Act 332, § 54, eff. July 1, 1989


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.18

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.15 to 948.18. Renumbered 951.15 to 951.18 by 1987 Act 332, § 54, eff. July 1, 1989


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.20

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.20. Abandonment of a child


Whoever, with intent to abandon the child, leaves any child in a place where the child may suffer because of neglect is guilty of a Class G felony.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.21

Effective: March 27, 2008


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.21. Neglecting a child


(1) Any person who is responsible for a child's welfare who, through his or her actions or failure to take action, intentionally contributes to the neglect of the child is guilty of one of the following:


(a) A Class A misdemeanor .


(b) A Class H felony if bodily harm is a consequence.


(c) A Class F felony if great bodily harm is a consequence.


(d) A Class D felony if death is a consequence.


(2) Under sub. (1), a person responsible for the child's welfare contributes to the neglect of the child although the child does not actually become neglected if the natural and probable consequences of the person's actions or failure to take action would be to cause the child to become neglected.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.22

Effective: July 1, 2008


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.22. Failure to support


(1) In this section:


(a) “Child support” means an amount which a person is ordered to provide for support of a child by a court of competent jurisdiction in this state or in another state, territory or possession of the United States, or, if not ordered, an amount that a person is legally obligated to provide under s. 49.90.


(b) “Grandchild support” means an amount which a person is legally obligated to provide under s. 49.90(1)(a)2. and (11).


(c) “Spousal support” means an amount which a person is ordered to provide for support of a spouse or former spouse by a court of competent jurisdiction in this state or in another state, territory or possession of the United States, or, if not ordered, an amount that a person is legally obligated to provide under s. 49.90.


(2) Any person who intentionally fails for 120 or more consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class I felony. A prosecutor may charge a person with multiple counts for a violation under this subsection if each count covers a period of at least 120 consecutive days and there is no overlap between periods.


(3) Any person who intentionally fails for less than 120 consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class A misdemeanor.


(4) Under this section, the following is prima facie evidence of intentional failure to provide child, grandchild or spousal support:


(a) For a person subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she is required to pay support under an order, failure to pay the child, grandchild or spousal support payment required under the order.


(b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of children and families under s. 49.22(9) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01(2).


(5) Under this section, it is not a defense that child, grandchild or spousal support is provided wholly or partially by any other person or entity.


(6) Under this section, affirmative defenses include but are not limited to inability to provide child, grandchild or spousal support. A person may not demonstrate inability to provide child, grandchild or spousal support if the person is employable but, without reasonable excuse, either fails to diligently seek employment, terminates employment or reduces his or her earnings or assets. A person who raises an affirmative defense has the burden of proving the defense by a preponderance of the evidence.


(7)(a) Before trial, upon petition by the complainant and notice to the defendant, the court may enter a temporary order requiring payment of child, grandchild or spousal support.


(b) In addition to or instead of imposing a penalty authorized for a Class I felony or a Class A misdemeanor, whichever is appropriate, the court shall:


1. If a court order requiring the defendant to pay child, grandchild or spousal support exists, order the defendant to pay the amount required including any amount necessary to meet a past legal obligation for support.


2. If no court order described under subd. 1 exists, enter such an order. For orders for child or spousal support, the court shall determine the amount of support in the manner required under s. 767.511 or 767.89, regardless of the fact that the action is not one for a determination of paternity or an action specified in s. 767.511(1).


(bm) Upon request, the court may modify the amount of child or spousal support payments determined under par. (b) 2. if, after considering the factors listed in s. 767.511(1m), regardless of the fact that the action is not one for a determination of paternity or an action specified in s. 767.511(1), the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to either of the child's parents.


(c) An order under par. (a) or (b), other than an order for grandchild support, constitutes an income assignment under s. 767.75 and may be enforced under s. 767.77. Any payment ordered under par. (a) or (b), other than a payment for grandchild support, shall be made in the manner provided under s. 767.57.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.23

Effective: April 24, 2012


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.23. Concealing or not reporting death of a child; not reporting disappearance of a child


(1) Whoever does any of the following is guilty of a Class I felony:


(a) Conceals the corpse of any issue of a woman's body with intent to prevent a determination of whether it was born dead or alive .


(b) Unless a physician or an authority of a hospital, sanatorium, public or private institution, convalescent home, or any institution of a like nature is required to report the death under s. 979.01(1) or unless a report conflicts with religious tenets or practices, fails to report to law enforcement the death of a child immediately after discovering the death, or as soon as practically possible if immediate reporting is impossible, if the actor is the parent, stepparent, guardian, or legal custodian of the child and if any of the following applies:


1. The death involves unexplained, unusual, or suspicious circumstances.


2. The death is or appears to be a homicide or a suicide.


3. The death is due to poisoning.


4. The death follows an accident, whether the injury is or is not the primary cause of the death.


(2) Whoever, without authorization under s. 69.18 or other legal authority to move a corpse, hides or buries the corpse of a child is guilty of a Class F felony.


(3)(ag) In this subsection, “missing” means absent without a reasonable explanation if the absence would raise concern in a reasonable person for the child's well-being.


(am) Within the period under par. (b), an individual must report to law enforcement a child as missing if the individual is the parent, stepparent, guardian, or legal custodian of the child.


(b)1. The report under par. (am) must be made within 24 hours after the child is discovered to be missing if the child is under 13 years of age when the discovery is made.


2. The report under par. (am) must be made within 48 hours after the child is discovered to be missing if the child is at least 13 years of age but under 16 years of age when the discovery is made.


3. The report under par. (am) must be made within 72 hours after the child is discovered to be missing if the child is at least 16 years of age when the discovery is made.


(c) Whoever violates par. (am) is guilty of the following:


1. Except as provided in subds. 2. to 4., a Class A misdemeanor.


2. If the child suffers bodily harm or substantial bodily harm while he or she is missing, a Class H felony.


3. If the child suffers great bodily harm while he or she is missing, a Class F felony.


4. If the child dies while he or she is missing or as a result on an injury he or she suffered while missing, a Class D felony.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.24

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.24. Unauthorized placement for adoption


(1) Whoever does any of the following is guilty of a Class H felony:


(a) Places or agrees to place his or her child for adoption for anything exceeding the actual cost of the items listed in s. 48.913 (1)(a) to (m) and the payments authorized under s. 48.913 (2).


(b) For anything of value, solicits, negotiates or arranges the placement of a child for adoption except under s. 48.833.


(c) In order to receive a child for adoption, gives anything exceeding the actual cost of the legal and other services-rendered in connection with the adoption and the items listed in s. 48.913 (1)(a) to (m) and the payments authorized under s. 48.913 (2).


(2) This section does not apply to placements under s. 48.839.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.30

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.30. Abduction of another's child; constructive custody


(1) Any person who, for any unlawful purpose, does any of the following is guilty of a Class E felony:


(a) Takes a child who is not his or her own by birth or adoption from the child's home or the custody of his or her parent, guardian or legal custodian.


(b) Detains a child who is not his or her own by birth or adoption when the child is away from home or the custody of his or her parent, guardian or legal custodian.


(2) Any person who, for any unlawful purpose, does any of the following is guilty of a Class C felony:


(a) By force or threat of imminent force, takes a child who is not his or her own by birth or adoption from the child's home or the custody of his or her parent, guardian or legal custodian.


(b) By force or threat of imminent force, detains a child who is not his or her own by birth or adoption when the child is away from home or the custody of his or her parent, guardian or legal custodian.


(3) For purposes of subs. (1)(a) and (2)(a), a child is in the custody of his or her parent, guardian or legal custodian if:


(a) The child is in the actual physical custody of the parent, guardian or legal custodian; or


(b) The child is not in the actual physical custody of his or her parent, guardian or legal custodian, but the parent, guardian or legal custodian continues to have control of the child.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.31

Effective: July 1, 2008


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.31. Interference with custody by parent or others


(1)(a) In this subsection, “legal custodian of a child” means:


1. A parent or other person having legal custody of the child under an order or judgment in an action for divorce, legal separation, annulment, child custody, paternity, guardianship or habeas corpus.


2. The department of children and families or the department of corrections or any person, county department under s. 46.215, 46.22, or 46.23, or licensed child welfare agency, if custody or supervision of the child has been transferred under ch. 48 or 938 to that department, person, or agency.


(b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.


(2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child's parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.803, from the child's mother or, if he has been granted legal custody, the child's father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.


(3) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class F felony:


(a) Intentionally conceals a child from the child's other parent.


(b) After being served with process in an action affecting the family but prior to the issuance of a temporary or final order determining child custody rights, takes the child or causes the child to leave with intent to deprive the other parent of physical custody as defined in s. 822.02(14).


(c) After issuance of a temporary or final order specifying joint legal custody rights and periods of physical placement, takes a child from or causes a child to leave the other parent in violation of the order or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period.


(4)(a) It is an affirmative defense to prosecution for violation of this section if the action:


1. Is taken by a parent or by a person authorized by a parent to protect his or her child in a situation in which the parent or authorized person reasonably believes that there is a threat of physical harm or sexual assault to the child;


2. Is taken by a parent fleeing in a situation in which the parent reasonably believes that there is a threat of physical harm or sexual assault to himself or herself;


3. Is consented to by the other parent or any other person or agency having legal custody of the child; or


4. Is otherwise authorized by law.


(b) A defendant who raises an affirmative defense has the burden of proving the defense by a preponderance of the evidence.


(5) The venue of an action under this section is prescribed in s. 971.19(8).


(6) In addition to any other penalties provided for violation of this section, a court may order a violator to pay restitution, regardless of whether the violator is placed on probation under s. 973.09, to provide reimbursement for any reasonable expenses incurred by any person or any governmental entity in locating and returning the child. Any such amounts paid by the violator shall be paid to the person or governmental entity which incurred the expense on a prorated basis. Upon the application of any interested party, the court shall hold an evidentiary hearing to determine the amount of reasonable expenses.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.35

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.35. Repealed by 2001 Act 109, § 922, eff. Feb. 1, 2003


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.36

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.36. Repealed by 2001 Act 109, § 923, eff. Feb. 1, 2003


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.40

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.40. Contributing to the delinquency of a child


(1) No person may intentionally encourage or contribute to the delinquency of a child. This subsection includes intentionally encouraging or contributing to an act by a child under the age of 10 which would be a delinquent act if committed by a child 10 years of age or older.


(2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 10 that would be a delinquent act if committed by a child 10 years of age or older.


(3) Under this section, a person encourages or contributes to the delinquency of a child although the child does not actually become delinquent if the natural and probable consequences of the person's actions or failure to take action would be to cause the child to become delinquent.


(4) A person who violates this section is guilty of a Class A misdemeanor, except:


(a) If death is a consequence, the person is guilty of a Class D felony; or


(b) If the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class H felony.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.45

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.45. Contributing to truancy


(1) Except as provided in sub. (2), any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16(1)(c), of a person 17 years of age or under is guilty of a Class C misdemeanor.


(2) Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.26(1)(h).


(3) An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.50

Effective: May 27, 2010


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.50. Strip search by school employee


(1) The legislature intends, by enacting this section, to protect pupils from being strip searched. By limiting the coverage of this section, the legislature is not condoning the use of strip searches under other circumstances.


(2) In this section:


(a) “School” means a public school, parochial or private school, or tribal school, as defined in s. 115.001(15m), which provides an educational program for one or more grades between kindergarten and grade 12 and which is commonly known as a kindergarten, elementary school, middle school, junior high school, senior high school, or high school.


(b) “Strip search” means a search in which a person's genitals, pubic area, buttock or anus, or a female person's breast, is uncovered and either is exposed to view or is touched by a person conducting the search.


(3) Any official, employee or agent of any school or school district who conducts a strip search of any pupil is guilty of a Class B misdemeanor.


(4) This section does not apply to a search of any person who:


(a) Is serving a sentence, pursuant to a conviction, in a jail, state prison or house of correction.


(b) Is placed in or transferred to a juvenile correctional facility, as defined in s. 938.02(10p), or a secured residential care center for children and youth, as defined in s. 938.02(15g).


(c) Is committed, transferred or admitted under ch. 51, 971 or 975.


(5) This section does not apply to any law enforcement officer conducting a strip search under s. 968.255.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.51

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.51. Hazing


(1) In this section “forced activity” means any activity which is a condition of initiation or admission into or affiliation with an organization, regardless of a student's willingness to participate in the activity.


(2) No person may intentionally or recklessly engage in acts which endanger the physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating in connection with a school, college or university. Under those circumstances, prohibited acts may include any brutality of a physical nature, such as whipping, beating, branding, forced consumption of any food, liquor, drug or other substance, forced confinement or any other forced activity which endangers the physical health or safety of the student.


(3) Whoever violates sub. (2) is guilty of:


(a) A Class A misdemeanor if the act results in or is likely to result in bodily harm to another.


(b) A Class H felony if the act results in great bodily harm to another.


(c) A Class G felony if the act results in the death of another.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.53

Effective: March 30, 2010


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.53. Child unattended in child care vehicle


(1) Definitions. In this section:


(a) “Child care provider” means a child care center that is licensed under s. 48.65(1), a child care provider that is certified under s. 48.651, or a child care program that is established or contracted for under s. 120.13(14).


(b) “Child care vehicle” means a vehicle that is owned or leased by a child care provider or a contractor of a child care provider and that is used to transport children to and from the child care provider.


(2) No child left unattended. (a) No person responsible for a child's welfare while the child is being transported in a child care vehicle may leave the child unattended at any time from the time the child is placed in the care of that person to the time the child is placed in the care of another person responsible for the child's welfare.


(b) Any person who violates par. (a) is guilty of one of the following:


1. A Class A misdemeanor .


2. A Class I felony if bodily harm is a consequence.


3. A Class H felony if great bodily harm is a consequence.


4. A Class G felony if death is a consequence.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.55

Effective: November 27, 2007


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.55. Leaving or storing a loaded firearm within the reach or easy access of a child


(1) In this section, “child” means a person who has not attained the age of 14 years.


(2) Whoever recklessly stores or leaves a loaded firearm within the reach or easy access of a child is guilty of a Class A misdemeanor if all of the following occur:


(a) A child obtains the firearm without the lawful permission of his or her parent or guardian or the person having charge of the child.


(b) The child under par. (a) discharges the firearm and the discharge causes bodily harm or death to himself, herself or another.


(3) Whoever recklessly stores or leaves a loaded firearm within the reach or easy access of a child is guilty of a Class C misdemeanor if all of the following occur:


(a) A child obtains the firearm without the lawful permission of his or her parent or guardian or the person having charge of the child.


(b) The child under par. (a) possesses or exhibits the firearm in a public place or in violation of s. 941.20.


(4) Subsections (2) and (3) do not apply under any of the following circumstances:


(a) The firearm is stored or left in a securely locked box or container or in a location that a reasonable person would believe to be secure.


(b) The firearm is securely locked with a trigger lock.


(c) The firearm is left on the person's body or in such proximity to the person's body that he or she could retrieve it as easily and quickly as if carried on his or her body.


(d) The person is a peace officer or a member of the armed forces or national guard and the child obtains the firearm during or incidental to the performance of the person's duties. Notwithstanding s. 939.22(22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.


(e) The child obtains the firearm as a result of an illegal entry by any person.


(f) The child gains access to a loaded firearm and uses it in the lawful exercise of a privilege under s. 939.48.


(g) The person who stores or leaves a loaded firearm reasonably believes that a child is not likely to be present where the firearm is stored or left.


(h) The firearm is rendered inoperable by the removal of an essential component of the firing mechanism such as the bolt in a breech-loading firearm.


(5) Subsection (2) does not apply if the bodily harm or death resulted from an accident that occurs while the child is using the firearm in accordance with s. 29.304 or 948.60 (3).


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.60

Effective: November 1, 2011


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.60. Possession of a dangerous weapon by a person under 18


(1) In this section, “dangerous weapon” means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295(1c)(a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed starlike object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.


(2)(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.


(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.


(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.


(d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.


(3)(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.


(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.


(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593or to an adult who is in violation of s. 941.28.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.605

Effective: November 1, 2011


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.605. Gun-free school zones


(1) Definitions. In this section:


(a) “Encased” has the meaning given in s. 167.31(1)(b).


(ac) “Firearm” does not include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.


(am) “Motor vehicle” has the meaning given in s. 340.01(35).


(b) “School” has the meaning given in s. 948.61(1)(b).


(c) “School zone” means any of the following:


1. In or on the grounds of a school.


2. Within 1,000 feet from the grounds of a school.


(2) Possession of firearm in school zone. (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in or on the grounds of a school is guilty of a Class I felony. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.


(b) Paragraph (a) does not apply to the possession of a firearm by any of the following:


1m. A person who possesses the firearm in accordance with 18 USC 922(q)(2)(B)(i), (iv), (v), (vi), or (vii).


1r. Except if the person is in or on the grounds of a school, a licensee, as defined in s. 175.60(1)(d), or an out-of-state licensee, as defined in s. 175.60(1)(g).


2m. A state-certified commission warden acting in his or her official capacity.


3. That is not loaded and is:


a. Encased; or


b. In a locked firearms rack that is on a motor vehicle;


3m. A person who is legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13(38).


(3) Discharge of firearm in a school zone. (a) Any individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class G felony.


(b) Paragraph (a) does not apply to the discharge of, or the attempt to discharge, a firearm:


1. On private property not part of school grounds;


2. As part of a program approved by a school in the school zone, by an individual who is participating in the program;


3. By an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or


4. By a law enforcement officer or state-certified commission warden acting in his or her official capacity.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.61

Effective: May 27, 2010


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.61. Dangerous weapons other than firearms on school premises


(1) In this section:


(a) “Dangerous weapon” has the meaning specified in s. 939.22(10), except “dangerous weapon” does not include any firearm and does include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.


(b) “School” means a public school, parochial or private school, or tribal school, as defined in s. 115.001(15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.


(c) “School premises” means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.


(2) Any person who knowingly possesses or goes armed with a dangerous weapon on school premises is guilty of:


(a) A Class A misdemeanor.


(b) A Class I felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.


(3) This section does not apply to any person who:


(a) Uses a weapon solely for school-sanctioned purposes.


(b) Engages in military activities, sponsored by the federal or state government, when acting in the discharge of his or her official duties.


(c) Is a law enforcement officer or state-certified commission warden acting in the discharge of his or her official duties.


(d) Participates in a convocation authorized by school authorities in which weapons of collectors or instructors are handled or displayed.


(e) Drives a motor vehicle in which a dangerous weapon is located onto school premises for school-sanctioned purposes or for the purpose of delivering or picking up passengers or property. The weapon may not be removed from the vehicle or be used in any manner.


(f) Possesses or uses a bow and arrow or knife while legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13(38).


(4) A person under 17 years of age who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.62

Effective: December 21, 2011


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.62. Receiving stolen property from a child


(1) Whoever intentionally receives stolen property from a child or conceals stolen property received from a child is guilty of:


(a) A Class A misdemeanor, if the value of the property does not exceed $500.


(b) A Class I felony, if the value of the property exceeds $500 but does not exceed $2,500.


(bm) A Class H felony, if the property is a firearm or if the value of the property exceeds $2,500 but does not exceed $5,000.


(c) A Class G felony, if the value of the property exceeds $5,000.


(2) Under this section, proof of all of the following is prima facie evidence that property received from a child was stolen and that the person receiving the property knew it was stolen:


(a) That the value of the property received from the child exceeds $500.


(b) That there was no consent by a person responsible for the child's welfare to the delivery of the property to the person.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.63

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.63. Receiving property from a child


Whoever does either of the following is guilty of a Class A misdemeanor:


(1) As a dealer in secondhand articles or jewelry or junk, purchases any personal property, except old rags and waste paper, from any child, without the written consent of his or her parent or guardian; or


(2) As a pawnbroker or other person who loans money and takes personal property as security therefor, receives personal property as security for a loan from any child without the written consent of his or her parent or guardian.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 948.70

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 948. Crimes Against Children (Refs & Annos)

948.70. Tattooing of children


(1) In this section:


(a) “Physician” has the meaning given in s. 448.01(5).


(b) “Tattoo” means to insert pigment under the surface of the skin of a person, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.


(2) Subject to sub. (3), any person who tattoos or offers to tattoo a child is subject to a Class D forfeiture.


(3) Subsection (2) does not prohibit a physician from tattooing or offering to tattoo a child in the course of his or her professional practice.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. Ch. 949, Refs & Annos

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 949. Awards for the Victims of Crimes


Current through 2013 Wisconsin Act 13, published 05/18/2013.


Chapter 22-22. Sex Offenses (Refs & Annos)  22-22-24.3. Sexual exploitation of a minor--Felonies--Assessment

Tags:46 SD (0.3%)

SDCL § 22-22-24.3

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.3. Sexual exploitation of a minor--Felonies--Assessment


A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:


(1) Is harmful to minors;


(2) Involves nudity; or


(3) Is obscene.


Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.


A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony.


The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.


CREDIT(S)


Source: SL 2002, ch 109, § 8; SL 2005, ch 120, § 401; SL 2006, ch 121, § 7.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10


Title 10. Crimes Against Public Health, Conduct, and Sensibilities

Tags:19 MD (1.9%)

Title 10. Crimes Against Public Health, Conduct, and Sensibilities

Subtitle 5. Crimes Against Marriage

§ 10-501. Adultery



Prohibited


(a) A person may not commit adultery.



Penalty


(b) A person who violates this section is guilty of a misdemeanor and on conviction shall be fined $10.



CREDIT(S)


Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.


Formerly Art. 27, § 3.



The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.



MD Code, Criminal Law, § 10-502

Formerly cited as MD CODE Art. 27, § 18; MD CODE Art. 27, § 19


Effective:[See Text Amendments]


West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 10. Crimes Against Public Health, Conduct, and Sensibilities

Subtitle 5. Crimes Against Marriage

§ 10-502. Bigamy



Scope of section


(a) This section does not apply to a person if:



(1) the person's previous lawful spouse has been absent from the person for a continuous period of 7 years; and


(2) the person does not know whether the person's previous lawful spouse is living at the time of the subsequent marriage ceremony.



Prohibited


(b) While lawfully married to a living person, a person may not enter into a marriage ceremony with another.



Penalty


(c) A person who violates this section is guilty of the felony of bigamy and on conviction is subject to imprisonment not exceeding 9 years.



Charging document


(d) An indictment or warrant for bigamy is sufficient if it substantially states:



“(name of defendant) on (date), in (county), having a living spouse, feloniously entered into a marriage ceremony with (name of subsequent spouse), in violation of § 10-502 of the Criminal Law Article, against the peace, government, and dignity of the State.”.



CREDIT(S)


Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.


Formerly Art. 27, §§ 18,19.



The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.



Chapter 5. Pain-Capable Unborn Child Protection Act

Tags:39 ID (0.5%)

I.C. § 18-501


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-501. Short title


This act shall be known and may be cited as the “Pain-Capable Unborn Child Protection Act.”



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-502


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-502. Definitions


For purposes of this chapter:


(1) “Abortion” means the use or prescription of any instrument, medicine, drug or other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy;


(2) “Attempt to perform or induce an abortion” means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the provisions of this chapter;


(3) “Fertilization” means the fusion of a human spermatozoon with a human ovum;


(4) “Medical emergency” means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy without first determining postfertilization age to avert her death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;


(5) “Physician” means any person licensed to practice medicine and surgery or osteopathic medicine under chapter 18, title 54, Idaho Code;


(6) “Postfertilization age” means the age of the unborn child as calculated from the fertilization of the human ovum;


(7) “Probable postfertilization age of the unborn child” means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed;


(8) “Reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;


(9) “Unborn child” or “fetus” means an individual organism of the species homo sapiens from fertilization until live birth; and


(10) “Woman” means a female human being whether or not she has reached the age of majority.



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-503


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-503. Legislative findings


The legislature makes the following findings:


(1) Pain receptors (nociceptors) are present throughout the unborn child's entire body by no later than sixteen (16) weeks after fertilization and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty (20) weeks.


(2) By eight (8) weeks after fertilization, the unborn child reacts to touch. After twenty (20) weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example by recoiling.


(3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response.


(4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral and learning disabilities later in life.


(5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia.


(6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty (20) weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.


(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.


(8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does.


(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.


(10) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by twenty (20) weeks after fertilization.


(11) It is the purpose of the state of Idaho to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.


(12) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which, in the context of determining the severability of a state statute regulating abortion, the United States supreme court noted that an explicit statement of legislative intent is of greater weight than inclusion of a severability clause standing alone, the legislature declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrases, phrase or word thereof, irrespective of the fact that any one (1) or more provisions, sections, subsections, sentences, clauses or words of this act or the application thereof to any person or circumstance, were to be declared unconstitutional.



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-504


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-504. Determination of postfertilization age


(1) Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, a physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.


(2) Intentional or reckless failure by any physician to conform to any requirement of this section makes the physician subject to medical discipline pursuant to section 54-1814(6), Idaho Code.



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-505


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-505. Abortion of unborn child of twenty or more weeks postfertilization age prohibited


No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the woman's unborn child is twenty (20) or more weeks unless, in reasonable medical judgment: (1) she has a condition that so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions; or (2) it is necessary to preserve the life of an unborn child. No such condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-506


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-506. Reporting


(1) Any physician who performs or induces or attempts to perform or induce an abortion shall report to the department of health and welfare, on a schedule and in accordance with forms and rules adopted and promulgated by the department:


(a) If a determination of probable postfertilization age was made, the probable postfertilization age determined and the method and basis of the determination;


(b) If a determination of probable postfertilization age was not made, the basis of the determination that a medical emergency existed;


(c) If the probable postfertilization age was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition that so complicated her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, or the basis of the determination that it was necessary to preserve the life of an unborn child; and


(d) The method used for the abortion.


(2) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection (1) of this section. Each such report shall also provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed.


(3) Any physician who fails to submit a report by the end of thirty (30) days following the due date shall be subject to a late fee of five hundred dollars ($500) for each additional thirty (30) day period or portion of a thirty (30) day period the report is overdue. Any physician required to report in accordance with this chapter who has not submitted a report, or has submitted only an incomplete report, more than one (1) year following the due date, may, in an action brought by the department, be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to civil contempt. Intentional or reckless failure by any physician to conform to any requirement of this section, other than late filing of a report, makes the physician subject to medical discipline under section 54-1814(6), Idaho Code. Intentional or reckless failure by any physician to submit a complete report in accordance with a court order renders the physician subject to civil contempt and makes the physician subject to medical discipline pursuant to section 54-1814(6), Idaho Code. Intentional or reckless falsification of any report required under this section is a misdemeanor.


(4) Within ninety (90) days after the effective date of this act, the department shall adopt and promulgate rules to assist in compliance with this section. Subsection (1) of this section shall take effect so as to require reports regarding all abortions performed or induced on and after the first day of the first calendar month following the effective date of such rules.



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-507


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-507. Criminal penalties


Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of the provisions of section 18-505, Idaho Code, is guilty of a felony. No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed.



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-508


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-508. Civil remedies


(1) Any woman upon whom an abortion has been performed in violation of the pain-capable unborn child protection act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages. Any woman upon whom an abortion has been attempted in violation of the provisions of this chapter may maintain an action against the person who attempted to perform the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages.


(2) A cause of action for injunctive relief against any person who has intentionally or recklessly violated the provisions of this chapter may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of the provisions of this chapter, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or attempted to be performed in violation of the provisions of this chapter, by a prosecuting attorney with appropriate jurisdiction, or by the attorney general. The injunction shall prevent the abortion provider from performing or attempting to perform further abortions in violation of the provisions of this chapter in this state.


(3) No damages may be assessed against the woman upon whom an abortion was performed or attempted to be performed.



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-509


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-509. Protection of privacy in court proceedings


In every civil or criminal proceeding or action brought under the pain-capable unborn child protection act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under the provisions of section 18-508, Idaho Code, shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-510


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-510. Litigation defense fund


There is hereby created in the state treasury the pain-capable unborn child protection act litigation fund for the purpose of providing funds to pay for any costs and expenses incurred by the state attorney general in relation to actions surrounding defense of this chapter. This fund may include appropriations, donations, gifts or grants made to the fund. Interest earned on the investment of idle moneys in the fund shall be returned to the fund. Moneys in the fund may be expended pursuant to appropriation.



CREDIT(S)


Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-601


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-601. Interpretation of state statutes and the state constitution


The supreme court of the United States having held in the case of “Planned Parenthood v. Casey” that the states have a “profound interest” in preserving the life of preborn children, Idaho hereby expresses the fundamental importance of that “profound interest” and it is hereby declared to be the public policy of this state that all state statutes, rules and constitutional provisions shall be interpreted to prefer, by all legal means, live childbirth over abortion.



CREDIT(S)


S.L. 2001, ch. 273, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-602


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-602. Legislative findings and intent


(1) The legislature finds:


(a) That children have a special place in society that the law should reflect;


(b) That minors too often lack maturity and make choices that do not include consideration of both immediate and long-term consequences;


(c) That the medical, emotional and psychological consequences of abortion and childbirth are serious and can be lasting, particularly when the patient is immature;


(d) That the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related;


(e) That parents, when aware that their daughter is pregnant or has had an abortion are in the best position to ensure that she receives adequate medical attention during her pregnancy or after her abortion;


(f) That except in rare cases, parents possess knowledge regarding their child which is essential for a physician to exercise the best medical judgment for that child;


(g) That when a minor is faced with the difficulties of an unplanned pregnancy, the best interests of the minor are always served when there is careful consideration of the rights of parents in rearing their child and the unique counsel and nurturing environment that parents can provide;


(h) That informed consent is always necessary for making mature health care decisions.


(2) It is the intent of the legislature in enacting section 18-609A,Idaho Code, to further the following important and compelling state interests recognized by the United States supreme court in:


(a) Protecting minors against their own immaturity;


(b) Preserving the integrity of the family unit;


(c) Defending the authority of parents to direct the rearing of children who are members of their household;


(d) Providing a pregnant minor with the advice and support of a parent during a decisional period;


(e) Providing for proper medical treatment and aftercare when the life or physical health of the pregnant minor is at serious risk in the rare instance of a sudden and unexpected medical emergency.



CREDIT(S)


S.L. 2000, ch. 7, § 1;S.L. 2001, ch. 273, § 2.


Codifications: I.C. § 18-601.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-603


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-603. Advertising medicines or other means for preventing conception, or facilitating miscarriage or abortion


Every person, except licensed physicians of this state and those licensed or registered health care providers hereinafter referred to acting under their direct supervision or medical order, who wilfully publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception, or who offers his services by any notice, advertisement, or otherwise to assist in the accomplishment of any such purpose, is guilty of a felony. A licensed physician or licensed or registered health care provider acting at his direction or medical order may lawfully provide examinations, prescriptions, devices and informational materials regarding prevention of conception to any person requesting the same who, in the good faith judgment of the physician or such provider, is sufficiently intelligent and mature to understand the nature and significance thereof.



CREDIT(S)


S.L. 1972, ch. 336, § 1; S.L. 1974, ch. 69, § 1.


Codifications: I.C. § 18-603.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-604


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-604. Definitions


As used in this act:


(1) “Abortion” means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization or the implantation of a fertilized ovum within the uterus.


(2) “Department” means the Idaho department of health and welfare.


(3) “Emancipated” means any minor who has been married or is in active military service.


(4) “Fetus” and “unborn child.” Each term means an individual organism of the species homo sapiens from fertilization until live birth.


(5) “First trimester of pregnancy” means the first thirteen (13) weeks of a pregnancy.


(6) “Hospital” means an acute care, general hospital in this state, licensed as provided in chapter 13, title 39, Idaho Code.


(7) “Informed consent” means a voluntary and knowing decision to undergo a specific procedure or treatment. To be voluntary, the decision must be made freely after sufficient time for contemplation and without coercion by any person. To be knowing, the decision must be based on the physician's accurate and substantially complete explanation of:


(a) A description of any proposed treatment or procedure;


(b) Any reasonably foreseeable complications and risks to the patient from such procedure, including those related to reproductive health; and


(c) The manner in which such procedure and its foreseeable complications and risks compare with those of each readily available alternative to such procedure, including childbirth and adoption.


The physician must provide the information in terms which can be understood by the person making the decision, with consideration of age, level of maturity and intellectual capability.


(8) “Medical emergency” means a condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.


(9) “Minor” means a woman less than eighteen (18) years of age.


(10) “Pregnant” and “pregnancy.” Each term shall mean the reproductive condition of having a developing fetus in the body and commences with fertilization.


(11) “Physician” means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state as provided in chapter 18, title 54, Idaho Code.


(12) “Second trimester of pregnancy” means that portion of a pregnancy following the thirteenth week and preceding the point in time when the fetus becomes viable, and there is hereby created a legal presumption that the second trimester does not end before the commencement of the twenty-fifth week of pregnancy, upon which presumption any licensed physician may proceed in lawfully aborting a patient pursuant to section 18-608, Idaho Code, in which case the same shall be conclusive and unrebuttable in all civil or criminal proceedings.


(13) “Third trimester of pregnancy” means that portion of a pregnancy from and after the point in time when the fetus becomes viable.


(14) Any reference to a viable fetus shall be construed to mean a fetus potentially able to live outside the mother's womb, albeit with artificial aid.



CREDIT(S)


S.L. 1973, ch. 197, § 3; S.L. 2000, ch. 7, § 2;S.L. 2006, ch. 438, § 1, eff. July 1, 2006.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-605


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-605. Unlawful abortions--Procurement of--Penalty


(1) Every person not licensed or certified to provide health care in Idaho who knowingly, except as permitted by this chapter, provides, supplies or administers any medicine, drug or substance to any woman or uses or employs any instrument or other means whatever upon any then-pregnant woman with intent thereby to cause or perform an abortion shall be guilty of a felony and shall be fined not to exceed five thousand dollars ($5,000) and/

 
or imprisoned in the state prison for not less than two (2) and not more than five (5) years.

(2) Any person licensed or certified to provide health care pursuant to title 54, Idaho Code, and who knowingly, except as permitted by the provisions of this chapter, provides, supplies or administers any medicine, drug or substance to any woman or uses or employs any instrument or other means whatever upon any then-pregnant woman with intent to cause or perform an abortion shall:


(a) For the first violation, be subject to professional discipline and be assessed a civil penalty of not less than one thousand dollars ($1,000), payable to the board granting such person's license or certification;


(b) For the second violation, have their license or certification to practice suspended for a period of not less than six (6) months and be assessed a civil penalty of not less than two thousand five hundred dollars ($2,500), payable to the board granting such person's license or certification; and


(c) For each subsequent violation, have their license or certification to practice revoked and be assessed a civil penalty of not less than five thousand dollars ($5,000), payable to the board granting such person's license or certification.


(3) Any person who is licensed or certified to provide health care pursuant to title 54, Idaho Code, and who knowingly violates the provisions of this chapter is guilty of a felony punishable as set forth in subsection (1) of this section, separate from and in addition to the administrative penalties set forth in subsection (2) of this section.



CREDIT(S)


S.L. 1973, ch. 197, § 4; S.L. 2001, ch. 277, § 1;S.L. 2007, ch. 193, § 3, eff. March 27, 2007.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-606


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-606. Unlawful abortions--Accomplice or accessory--Submitting to--Penalty


Except as permitted by this act: (1) Every person who, as an accomplice or accessory to any violation of section 18-605, induces or knowingly aids in the production or performance of an abortion; and


(2) Every woman who knowingly submits to an abortion or solicits of another, for herself, the production of an abortion, or who purposely terminates her own pregnancy otherwise than by a live birth, shall be deemed guilty of a felony and shall be fined not to exceed five thousand dollars ($5,000) and/

 
or imprisoned in the state prison for not less than one (1) and not more than five (5) years; provided, however, that no hospital, nurse, or other health care personnel shall be deemed in violation of this section if in good faith providing services in reliance upon the directions of a physician or upon the hospital admission of a patient for such purpose on the authority of a physician.

CREDIT(S)


S.L. 1973, ch. 197, § 5.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-607


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-607. Abortifacients--Unauthorized sale


A person who sells, offers to sell, possesses with intent to sell, advertises, or displays for sale anything specially designed to terminate a pregnancy, or held out by the actor as useful for that purpose, commits a misdemeanor, unless:


(1) The sale, offer or display is to a physician or druggist or to an intermediary in a chain of distribution to physicians or druggists; or


(2) The same is made upon prescription or order of a physician; or


(3) The possession is with intent to sell as authorized in paragraphs (1) and (2) of this section; or


(4) The advertising is addressed to persons named in paragraph (1) of this section and confined to trade or professional channels not likely to reach the general public.



CREDIT(S)


S.L. 1973, ch. 197, § 6.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-608


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-608. Certain abortions permitted--Conditions and guidelines


The provisions of sections 18-605 and 18-606 shall not apply to and neither this act, nor other controlling rule of Idaho law, shall be deemed to make unlawful an abortion performed by a physician if:


(1) When performed upon a woman who is in the first trimester of pregnancy, the same is performed following the attending physician's consultation with the pregnant patient and a determination by the physician that such abortion is appropriate in consideration of such factors as in his medical judgment he deems pertinent, including, but not limited to physical, emotional, psychological and/

 
or familial factors, that the child would be born with some physical or mental defect, that the pregnancy resulted from rape, incest or other felonious intercourse, and a legal presumption is hereby created that all illicit intercourse with a girl below the age of sixteen (16) shall be deemed felonious for purposes of this section, the patient's age and any other consideration relevant to her well-being or directly or otherwise bearing on her health and, in addition to medically diagnosable matters, including but not limited to such factors as the potential stigma of unwed motherhood, the imminence of psychological harm or stress upon the mental and physical health of the patient, the potential stress upon all concerned of an unwanted child or a child brought into a family already unable, psychologically or otherwise, to care for it, and/
 
or the opinion of the patient that maternity or additional offspring probably will force upon her a distressful life and future; the emotional or psychological consequences of not allowing the pregnancy to continue, and the aid and assistance available to the pregnant patient if the pregnancy is allowed to continue; provided, in consideration of all such factors, the physician may rely upon the statements of and the positions taken by the pregnant patient, and the physician shall not be deemed to have held himself out as possessing special expertise in such matters nor shall he be held liable, civilly or otherwise, on account of his good faith exercise of his medical judgment, whether or not influenced by any such nonmedical factors. Abortions permitted by this subsection shall only be lawful if and when performed in a hospital or in a physician's regular office or a clinic which office or clinic is properly staffed and equipped for the performance of such procedures and respecting which the responsible physician or physicians have made satisfactory arrangements with one or more acute care hospitals within reasonable proximity thereof providing for the prompt availability of hospital care as may be required due to complications or emergencies that might arise.

(2) When performed upon a woman who is in the second trimester of pregnancy, the same is performed in a hospital and is, in the judgment of the attending physician, in the best medical interest of such pregnant woman, considering those factors enumerated in subsection (1) of this section and such other factors as the physician deems pertinent.


(3) When performed upon a woman who is in the third trimester of pregnancy the same is performed in a hospital and, in the judgment of the attending physician, corroborated by a like opinion of a consulting physician concurring therewith, either is necessary for the preservation of the life of such woman or, if not performed, such pregnancy would terminate in birth or delivery of a fetus unable to survive. Third trimester abortions undertaken for preservation of the life of a pregnant patient, as permitted by this subsection, shall, consistent with accepted medical practice and with the well-being and safety of such patient, be performed in a manner consistent with preservation of any reasonable potential for survival of a viable fetus.



CREDIT(S)


S.L. 1973, ch. 197, § 7.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-608A


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-608A. Persons authorized to perform abortions


It is unlawful for any person other than a physician to cause or perform an abortion.



CREDIT(S)


S.L. 2000, ch. 7, § 3.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-609


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-609. Physicians and hospitals not to incur civil liability--Consent to abortion--Notice


(1) Any physician may perform an abortion not prohibited by this act and any hospital or other facility described in section 18-608, Idaho Code, may provide facilities for such procedures without, in the absence of negligence, incurring civil liability therefor to any person including, but not limited to, the pregnant patient and the prospective father of the fetus to have been born in the absence of abortion, if informed consent for such abortion has been duly given by the pregnant patient.


(2) In order to provide assistance in assuring that the consent to an abortion is truly informed consent, the director of the department of health and welfare shall publish easily comprehended, nonmisleading and medically accurate printed material to be made available at no expense to physicians, hospitals or other facilities providing abortion and abortion-related services, and which shall contain the following:


(a) Descriptions of the services available to assist a woman through a pregnancy, at childbirth and while the child is dependent, including adoption services, a comprehensive list of the names, addresses, and telephone numbers of public and private agencies that provide such services and financial aid available;


(b) Descriptions of the physical characteristics of a normal fetus, described at two (2) week intervals, beginning with the fourth week and ending with the twenty-fourth week of development, accompanied by scientifically verified photographs of a fetus during such stages of development. The description shall include information about physiological and anatomical characteristics; and


(c) Descriptions of the abortion procedures used in current medical practices at the various stages of growth of the fetus and any reasonable foreseeable complications and risks to the mother, including those related to subsequent child bearing.


(3)(a) The department of health and welfare shall develop and maintain a stable internet website, that may be part of an existing website, to provide the information described in subsection (2) of this section. No information regarding persons using the website shall be collected or maintained. The department of health and welfare shall monitor the website on a weekly basis to prevent and correct tampering.


(b) As used in this section, “stable internet website” means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the department of health and welfare.


(c) When a pregnant patient contacts a physician by telephone or visit and inquires about obtaining an abortion, the physician or the physician's agent before or while scheduling an abortion-related appointment must provide the woman with the address of the state-sponsored internet website on which the printed materials described in subsection (2) of this section may be viewed as required in subsection (2) of this section.


(4) Except in the case of a medical emergency, no abortion shall be performed unless, prior to the abortion, the attending physician or the attending physician's agent certifies in writing that the materials provided by the director have been provided to the pregnant patient at least twenty-four (24) hours before the performance of the abortion. If the materials are not available from the director of the department of health and welfare, no certification shall be required. The attending physician, or the attending physician's agent, shall provide any other information required under this act.


(5) All physicians or their agents who use ultrasound equipment in the performance of an abortion shall inform the patient that she has the right to view the ultrasound image of her unborn child before an abortion is performed. If the patient requests to view the ultrasound image, she shall be allowed to view it before an abortion is performed. The physician or agent shall also offer to provide the patient with a physical picture of the ultrasound image of her unborn child prior to the performance of the abortion, and shall provide it if requested by the patient. In addition to providing the material, the attending physician may provide the pregnant patient with such other information which in the attending physician's judgment is relevant to the pregnant patient's decision as to whether to have the abortion or carry the pregnancy to term.


(6) Within thirty (30) days after performing any abortion without certification and delivery of the materials, the attending physician, or the attending physician's agent, shall cause to be delivered to the director of the department of health and welfare, a report signed by the attending physician, preserving the patient's anonymity, denoting the medical emergency that excused compliance with the duty to deliver the materials. The director of the department of health and welfare shall compile the information annually and report to the public the total number of abortions performed in the state where delivery of the materials was excused; provided that any information so reported shall not identify any physician or patient in any manner which would reveal their identities.


(7) If section 18-608(3), Idaho Code, applies to the abortion to be performed and the pregnant patient is an adult and for any reason unable to give a valid consent thereto, the requirement for that pregnant patient's consent shall be met as required by law for other medical or surgical procedures and shall be determined in consideration of the desires, interests and welfare of the pregnant patient.


(8) The knowing failure of the attending physician to perform any one (1) or more of the acts required under subsection (6) of this section or section 39-261, Idaho Code, is grounds for discipline pursuant to section 54-1814(6), Idaho Code, and shall subject the physician to assessment of a civil penalty of one hundred dollars ($100) for each month or portion thereof that each such failure continues, payable to the vital statistics unit of the department of health and welfare, but such failure shall not constitute a criminal act.



CREDIT(S)


S.L. 1973, ch. 197, § 8; S.L. 1982, ch. 242, § 1; S.L. 1983, ch. 149, § 1; S.L. 2000, ch. 7, § 4;S.L. 2006, ch. 438, § 3, eff. July 1, 2006; S.L. 2007, ch. 224, § 1, eff. July 1, 2007; S.L. 2008, ch. 348, § 1, eff. Jan. 1, 2009.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-609A


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-609A. Consent required for abortions for minors


(1) Except as otherwise provided in this section, a person shall not knowingly perform an abortion on a pregnant unemancipated minor unless the attending physician has secured the written consent from one (1) of the minor's parents or the minor's guardian or conservator.


(2) A judge of the district court shall, on petition or motion, and after an appropriate hearing, authorize a physician to perform the abortion if the judge determines, by clear and convincing evidence, that:


(a) The pregnant minor is mature and capable of giving informed consent to the proposed abortion; or


(b) The performance of an abortion would be in her best interests.


(3) The pregnant minor may participate in the court proceedings on her own behalf. The court may appoint a guardian ad litem for her. The court shall provide her with counsel unless she appears through private counsel.


(4) Proceedings in the court under this section shall be closed and have precedence over other pending matters. A judge who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a confidential record of the evidence to be maintained including the judge's own findings and conclusions. The minor may file the petition using a fictitious name. All records contained in court files of judicial proceedings arising under the provisions of this section shall be confidential and exempt from disclosure pursuant to section 9-340G, Idaho Code. Dockets and other court records shall be maintained and court proceedings undertaken so that the names and identities of the parties to actions brought pursuant to this section will not be disclosed to the public.


(5) The court shall hold the hearing within forty-eight (48) hours, excluding weekends and holidays, after the petition is filed, and shall issue its ruling at the conclusion of the hearing. If the court fails to issue its ruling at the conclusion of the hearing, the petition is deemed to have been granted and the consent requirement is waived.


(6) An expedited confidential appeal is available to a pregnant minor for whom the court denies an order authorizing an abortion without parental consent. A minor shall file her notice of appeal within five (5) days, excluding weekends and holidays, after her petition was denied by the district court. The appellate court shall hold the hearing within forty-eight (48) hours, excluding weekends and holidays, after the notice of appeal is filed and shall issue its ruling at the conclusion of the hearing. If the appellate court fails to issue its ruling at the conclusion of the hearing, the petition is deemed to have been granted and the consent requirement is waived. Filing fees are not required of the pregnant minor at either the district court or the appellate level.


(7) Parental consent or judicial authorization is not required under this section if either:


(a) The pregnant minor certifies to the attending physician that the pregnancy resulted from rape as defined in section 18-6101, Idaho Code, excepting subsections (1) and (2) thereof, or sexual conduct with the minor by the minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian or foster parent.


(b) A medical emergency exists for the minor and the attending physician records the symptoms and diagnosis upon which such judgment was made in the minor's medical record.



CREDIT(S)


Added by S.L. 2007, ch. 193, § 5, eff. March 27, 2007. Amended by S.L. 2010, ch. 352, § 4, eff. July 1, 2010.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-609F


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-609F. Reporting by courts


The administrative director of the courts shall compile statistics for each calendar year, accessible to the public, including:


(1) The total number of petitions filed pursuant to section 18-609A, Idaho Code; and


(2) The number of such petitions filed where a guardian ad litem was requested and the number where a guardian ad litem or other person acting in such capacity was appointed; and


(3) The number of petitions where counsel appeared for the minor without court appointment; and


(4) The number of petitions where counsel was requested by the minor and the number where counsel was appointed by the court; and


(5) The number of such petitions for which the right to self-consent was granted; and


(6) The number of such petitions for which the court granted its informed consent; and


(7) The number of such petitions which were denied; and


(8) The number of such petitions which were withdrawn by the minor; and


(9) For categories described in subsections (3), (4) and (7) of this section, the number of appeals taken from the court's order in each category; and


(10) For each of the categories set out in subsection (9) of this section, the number of cases for which the district court's order was affirmed and the number of cases for which the district court's order was reversed; and


(11) The age of the minor for each petition; and


(12) The time between the filing of the petition and the hearing of each petition; and


(13) The time between the hearing and the decision by the court for each petition; and


(14) The time between the decision and filing a notice of appeal for each case, if any; and


(15) The time of extension granted by the court in each case, if any.



CREDIT(S)


Added by S.L. 2007, ch. 193, § 5, eff. March 27, 2007.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-609G


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-609G. Statistical records


(1) The bureau of vital statistics of the department of health and welfare shall, in addition to other information required pursuant to section 39-261, Idaho Code, require the complete and accurate reporting of information relevant to each abortion performed upon a minor which shall include, at a minimum, the following:


(a) Whether the abortion was performed following the physician's receipt of:


(i) The written informed consent of a parent, guardian or conservator and the minor; or


(ii) The written informed consent of an emancipated minor for herself; or


(iii) The written informed consent of a minor for herself pursuant to a court order granting the minor the right to self-consent; or


(iv) The court order which includes a finding that the performance of the abortion, despite the absence of the consent of a parent, is in the best interests of the minor; or


(v) Certification from the pregnant minor to the attending physician pursuant to section 18-609A, Idaho Code, that parental consent is not required because the pregnancy resulted from rape as defined in section 18-6101, Idaho Code, excepting subsections (1) and (2) thereof, or sexual conduct with the minor by the minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian or foster parent.


(b) If the abortion was performed due to a medical emergency and without consent from a parent, guardian or conservator or court order, the diagnosis upon which the attending physician determined that the abortion was immediately necessary due to a medical emergency.


(2) The knowing failure of the attending physician to perform any one (1) or more of the acts required under this section is grounds for discipline pursuant to section 54-1814(6), Idaho Code, and shall subject the physician to assessment of a civil penalty of one hundred dollars ($100) for each month or portion thereof that each such failure continues, payable to the bureau of vital statistics of the department of health and welfare, but such failure shall not constitute a criminal act.



CREDIT(S)


Added by S.L. 2007, ch. 193, § 5, eff. March 27, 2007. Amended by S.L. 2010, ch. 352, § 5, eff. July 1, 2010.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-610


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-610. Refusal to consent by pregnant woman--Effect


Notwithstanding any provision of law permitting valid consent for medical or surgical procedures to be given by a person or persons other than the patient, the refusal of any pregnant woman, irrespective of age or competence, to submit to an abortion shall be grounds for a physician or hospital otherwise authorized to proceed, to decline performance of an abortion and/

 
or to submit the matter of consent to adjudication by a court of competent jurisdiction.

CREDIT(S)


S.L. 1973, ch. 197, § 9.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-611


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-611. Freedom of conscience for health care professionals


(1) As used in this section:


(a) “Abortifacient” means any drug that causes an abortion as defined in section 18-604, Idaho Code, emergency contraception or any drug the primary purpose of which is to cause the destruction of an embryo or fetus.


(b) “Conscience” means the religious, moral or ethical principles sincerely held by any person.


(c) “Embryo” means the developing human life from fertilization until the end of the eighth week of gestation.


(d) “Fetus” means the developing human life from the start of the ninth week of gestation until birth.


(e) “Health care professional” means any person licensed, certified or registered by the state of Idaho to deliver health care.


(f) “Health care service” means an abortion, dispensation of an abortifacient drug, human embryonic stem cell research, treatment regimens utilizing human embryonic stem cells, human embryo cloning or end of life treatment and care.


(g) “Provide” means to counsel, advise, perform, dispense, assist in or refer for any health care service.


(h) “Religious, moral or ethical principles,” “sincerely held,” “reasonably accommodate” and “undue hardship” shall be construed consistently with title VII of the federal civil rights act of 1964, as amended.


(2) No health care professional shall be required to provide any health care service that violates his or her conscience.


(3) Employers of health care professionals shall reasonably accommodate the conscience rights of their employees as provided in this section, upon advanced written notification by the employee. Such notice shall suffice without specification of the reason therefor. It shall be unlawful for any employer to discriminate against any health care professional based upon his or her declining to provide a health care service that violates his or her conscience, unless the employer can demonstrate that such accommodation poses an undue hardship.


(4) No health care professional or employer of the health care professional shall be civilly, criminally or administratively liable for the health care professional declining to provide health care services that violate his or her conscience, except for life-threatening situations as provided for in subsection (6) of this section.


(5) The provisions of this section do not allow a health care professional or employer of the health care professional to refuse to provide health care services because of a patient's race, color, religion, sex, age, disability or national origin.


(6) If a health care professional invokes a conscience right in a life-threatening situation where no other health care professional capable of treating the emergency is available, such health care professional shall provide treatment and care until an alternate health care professional capable of treating the emergency is found.


(7) In cases where a living will or physician's orders for scope of treatment (POST) is operative, as defined by the medical consent and natural death act, and a physician has a conscience objection to the treatment desired by the patient, the physician shall comply with the provisions of section 39-4513(2), Idaho Code, before withdrawing care and treatment to the patient.


(8) Nothing in this section shall affect the rights of conscience provided for in section 18-612, Idaho Code, to the extent that those rights are broader in scope than those provided for in this section.



CREDIT(S)


Added by S.L. 2010, ch. 127, § 1, eff. July 1, 2010. Amended by S.L. 2011, ch. 225, § 1, eff. July 1, 2011.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-612


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-612. Refusal to perform abortions--Physicians and hospitals not liable


 

<Section effective upon issuance of governor's proclamation.>


 

Nothing in this act shall be deemed to require any hospital to furnish facilities or admit any patient for any abortion if, upon determination by its governing board, it elects not to do so. Neither shall any physician be required to perform or assist in any abortion, nor shall any nurse, technician or other employee of any physician or hospital be required by law or otherwise to assist or participate in the performance or provision of any abortion if he or she, for personal, moral or religious reasons, objects thereto. Any such person in the employ or under the control of a hospital shall be deemed to have sufficiently objected to participation in such procedures only if he or she has advised such hospital in writing that he or she generally or specifically objects to assisting or otherwise participating in such procedures. Such notice will suffice without specification of the reason therefor. No refusal to accept a patient for abortion or to perform, assist or participate in any such abortion as herein provided shall form the basis of any claim for damages or recriminatory action against the declining person, agency or institution.


 

 

 CREDIT(S)


S.L. 1973, ch. 197, § 11.


 

 

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013


(C) 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.


END OF DOCUMENT

I.C. § 18-613


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-613. Partial-birth abortions prohibited


(1) Prohibited acts. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be subject to the penalties imposed in section 18-605, Idaho Code. This section shall not apply to partial-birth abortions necessary to save the life of the mother when her life is endangered by a physical disorder, illness or injury.


(2) Definitions. As used in this section:


(a) “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.


(b) The phrase “vaginally delivers a living fetus before killing the fetus” means deliberately and intentionally delivering into the vagina a living fetus, or a substantial portion of the fetus, for the purpose of performing a procedure the physician knows will kill the fetus, and which kills the fetus.


(c) “Physician” has the same meaning provided in section 18-604, Idaho Code. However, any individual who is not a physician or not otherwise legally authorized by this state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the prohibitions described in this section.


(3)(a) Civil actions. The father of the aborted fetus, if married to the mother of the aborted fetus at the time of the abortion; or the maternal grandparents of the aborted fetus, if the mother is not at least eighteen (18) years of age at the time of the abortion, may bring a civil action against the defendant physician to obtain appropriate relief. Provided however, that a civil action by the plaintiff father is barred if the pregnancy resulted from criminal conduct by the plaintiff father or he consented to the abortion. Further, a civil action by the plaintiff maternal grandparents is barred if the pregnancy is the result of criminal conduct by a maternal grandparent or a maternal grandparent consented to the abortion.


(b) As used in this section, “appropriate relief” shall include:


(i) Money damages for all mental and physical injuries suffered by the plaintiff as a result of the abortion performed in violation of this section;


(ii) Money damages equal to three (3) times the cost of performing the abortion procedure.


(4)(a) Hearing. A physician accused of violating this section may request a hearing before the state board of medicine to determine whether the mother's life was endangered by a physical disorder, illness or injury and therefor whether performing the abortion was necessary to save the mother's life.


(b) The findings of the board of medicine regarding the issues described in subsection (4)(a) of this section are admissible at the criminal and civil trials of the defendant physician. Upon a motion by the defendant physician, the court shall delay the beginning of the criminal and civil trials for not more than thirty (30) days to permit the hearing to take place.


(5) Immunity. A woman upon whom a partial-birth abortion is performed shall not be prosecuted for violations of this section, for conspiracy to violate this section, or for violations of section 18-603, 18-605 or 18-606, Idaho Code, in regard to the partial-birth abortion performed.



CREDIT(S)


S.L. 1998, ch. 34, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-614


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-614. Defenses to prosecution


(1) No physician shall be subject to criminal or administrative liability for causing or performing an abortion upon a minor in violation of subsection (1) of section 18-609A, Idaho Code, if prior to causing or performing the abortion the physician obtains either positive identification or other documentary evidence from which a reasonable person would have concluded that the woman seeking the abortion was either an emancipated minor or was not then a minor and if the physician retained, at the time of receiving the evidence, a legible photocopy of such evidence in the physician's office file for the woman.


(2) For purposes of this section, “positive identification” means a lawfully issued state, district, territorial, possession, provincial, national or other equivalent government driver's license, identification card or military card, bearing the person's photograph and date of birth, the person's valid passport or a certified copy of the person's birth certificate.



CREDIT(S)


S.L. 2001, ch. 277, § 4;S.L. 2007, ch. 193, § 6, eff. Mar. 27, 2007.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-615


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-615. Criminal act to coerce or attempt to coerce a woman to obtain an abortion


(1) A person violates the provisions of this section when, knowing that a woman is pregnant, and with the intent to induce the pregnant woman to abort, whether by a medical procedure or otherwise:


(a) Threatens to inflict physical injury or death on the pregnant woman; or


(b) Conspires to inflict physical injury or death on the pregnant woman; or


(c) Unlawfully inflicts physical injury on the pregnant woman.


(2) A pregnant woman injured by reason of a person's violation of the provisions of this section may bring a civil suit for recovery of damages for such injury, whether or not the perpetrator is criminally prosecuted or convicted. In such a civil suit, the pregnant woman shall be entitled to recover her reasonable attorney's fees and costs if she is the prevailing party.


(3) Violations of the provisions of this section are classified and punishable as follows:


(a) A violation of subsection (1)(a) or (1)(b) of this section constitutes a misdemeanor punishable by not more than six (6) months in jail, or a fine of not more than one thousand dollars ($1,000), or both.


(b) A violation of subsection (1)(c) of this section constitutes a felony punishable by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.


(4) The term “physical injury” means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.


(5) The term “woman” includes a minor female.



CREDIT(S)


Added by S.L. 2008, ch. 388, § 1, eff. July 1, 2008.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-616


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-616. Severability


If any one (1) or more provision, section, subsection, sentence, clause, phrase, or word of this chapter or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed every section of this chapter and each provision, section, subsection, sentence, clause, phrase or word thereof irrespective of the fact that any one (1) or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.



CREDIT(S)


S.L. 2000, ch. 7, § 8. Redesignated from § 18-615 by S.L. 2008, ch. 388, § 2, eff. July 1, 2008.


Codifications: I.C.A. § 18-615.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




Chapter 720. Criminal Offenses

Tags:05 IL (4.1%)

Effective: July 1, 2011


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part B. Offenses Directed Against the Person

Article 11. Sex Offenses (Refs & Annos)

Subdivision 25. Other Offenses

5/11-35. Adultery


§ 11-35. Adultery.



(a) A person commits adultery when he or she has sexual intercourse with another not his or her spouse, if the behavior is open and notorious, and



(1) The person is married and knows the other person involved in such intercourse is not his spouse; or



(2) The person is not married and knows that the other person involved in such intercourse is married.



A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended. [FN1]



(b) Sentence.



Adultery is a Class A misdemeanor.




CREDIT(S)



Laws 1961, p. 1983, § 11-7, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-474, § 2, eff. Aug. 22, 1975; P.A. 86-490, § 1, eff. Jan. 1, 1990. Renumbered and amended as § 11-35 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-7.


[FN1] 305 ILCS 5/4-1.7.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/11-40

Formerly cited as IL ST CH 38 ¶ 11-8; 720 ILCS 5/11-8


Effective: July 1, 2011


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part B. Offenses Directed Against the Person

Article 11. Sex Offenses (Refs & Annos)

Subdivision 25. Other Offenses

5/11-40. Fornication


§ 11-40. Fornication.



(a) A person commits fornication when he or she knowingly has sexual intercourse with another not his or her spouse if the behavior is open and notorious.



A person shall be exempt from prosecution under this Section if his liability is based solely on evidence he has given in order to comply with the requirements of Section 4-1.7 of "The Illinois Public Aid Code", approved April 11, 1967, as amended. [FN1]



(b) Sentence.



Fornication is a Class B misdemeanor.




CREDIT(S)



Laws 1961, p. 1983, § 11-8, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 79-474, § 2, eff. Aug. 22, 1975; P.A. 86-490, § 1, eff. Jan. 1, 1990. Renumbered and amended § 11-40 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-8.


[FN1] 305 ILCS 5/4-1.7.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/11-45

Formerly cited as IL ST CH 38 ¶ 11-12; 720 ILCS 5/11-12


Effective: July 1, 2011


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part B. Offenses Directed Against the Person

Article 11. Sex Offenses (Refs & Annos)

Subdivision 25. Other Offenses

5/11-45. Bigamy and Marrying a bigamist


§ 11-45. Bigamy and Marrying a bigamist.



(a) Bigamy. A person commits bigamy when that person has a husband or wife and subsequently knowingly marries another.



(a-5) Marrying a bigamist. An unmarried person commits marrying a bigamist when that person knowingly marries another under circumstances known to him or her which would render the other person guilty of bigamy under the laws of this State.



(b) It shall be an affirmative defense to bigamy and marrying a bigamist that:



(1) The prior marriage was dissolved or declared invalid; or


(2) The accused reasonably believed the prior spouse to be dead; or


(3) The prior spouse had been continually absent for a period of 5 years during which time the accused did not know the prior spouse to be alive; or


(4) The accused reasonably believed that he or she or the person he or she marries was legally eligible to be married.


(c) Sentence.



Bigamy is a Class 4 felony. Marrying a bigamist is a Class A misdemeanor.




CREDIT(S)



Laws 1961, p. 1983, § 11-12, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 81-230, § 6, eff. Aug. 28, 1979. Renumbered and amended § 11-45 by P.A. 96-1551, Art. 2, § 5, eff. July 1, 2011.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 11-12.


Current through P.A. 98-16 of the 2013 Reg. Sess.


Chapter 61. Crimes and Their Punishment

Tags:38 WV (0.6%)

W. Va. Code, § 61-2-28


Effective: June 9, 2011


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 2. Crimes Against the Person (Refs & Annos)

§ 61-2-28. Domestic violence--Criminal acts


(a) Domestic battery. -- Any person who unlawfully and intentionally makes physical contact of an insulting or provoking nature with his or her family or household member or unlawfully and intentionally causes physical harm to his or her family or household member, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for not more than twelve months, or fined not more than five hundred dollars, or both.


(b) Domestic assault. -- Any person who unlawfully attempts to commit a violent injury against his or her family or household member or unlawfully commits an act which places his or her family or household member in reasonable apprehension of immediately receiving a violent injury, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for not more than six months, or fined not more than one hundred dollars, or both.


(c) Second offense. -- Domestic assault or domestic battery.


A person convicted of a violation of subsection (a) of this section after having been previously convicted of a violation of subsection (a) or (b) of this section, after having been convicted of a violation of subsection (b) or (c), section nine of this article or subsection (a), section fourteen-g of this article where the victim was his or her current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense or who has previously been granted a period of pretrial diversion pursuant to section twenty-two, article eleven of this chapter for a violation of subsection (a) or (b) of this section, or a violation of subsection (b) or (c), section nine of this article or subsection (a), section fourteen-g of this article where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for not less than sixty days nor more than one year, or fined not more than one thousand dollars, or both.


A person convicted of a violation of subsection (b) of this section after having been previously convicted of a violation of subsection (a) or (b) of this section, after having been convicted of a violation of subsection (b) or (c), section nine of this article or subsection (a), section fourteen-g of this article where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense or having previously been granted a period of pretrial diversion pursuant to section twenty-two, article eleven of this chapter for a violation of subsection (a) or (b) of this section or subsection (b) or (c), section nine of this article or subsection (a), section fourteen-g of this article where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense shall be confined in a county or regional jail for not less than thirty days nor more than six months, or fined not more than five hundred dollars, or both.


(d) Any person who has been convicted of a third or subsequent violation of the provisions of subsection (a) or (b) of this section, a third or subsequent violation of the provisions of section nine of this article or subsection (a), section fourteen-g of this article where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense or who has previously been granted a period of pretrial diversion pursuant to section twenty-two, article eleven of this chapter for a violation of subsection (a) or (b) of this section or a violation of the provisions of section nine of this article or subsection (a), section fourteen-g of this article in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense, or any combination of convictions or diversions for these offenses, is guilty of a felony if the offense occurs within ten years of a prior conviction of any of these offenses and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than five years or fined not more than two thousand five hundred dollars, or both.


(e) As used in this section, “family or household member” means “family or household member” as defined in § 48-27-204 of this code.


(f) A person charged with a violation of this section may not also be charged with a violation of subsection (b) or (c), section nine of this article for the same act.


(g) No law-enforcement officer may be subject to any civil or criminal action for false arrest or unlawful detention for effecting an arrest pursuant to this section or pursuant to § 48-27-1002 of this code.


CREDIT(S)


Acts 1994, c. 45; Acts 2001, c. 69, eff. July 1, 2001; Acts 2004, c. 85, eff. 90 days after March 13, 2004; Acts 2011, c. 38, eff. June 9, 2011.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-2-29


Effective: July 10, 2009


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 2. Crimes Against the Person (Refs & Annos)

§ 61-2-29. Abuse or neglect of incapacitated adult; definitions; penalties


(a) The following words, when used in this section and sections twenty-nine-a and twenty-nine-b of this article, have the meaning ascribed, unless the context clearly indicates otherwise:


(1) “Abuse” means the intentional infliction of bodily injury on an incapacitated adult;


(2) “Bodily injury” means substantial physical pain, illness or any impairment of physical condition;


(3) “Caregiver” means any person who has assumed the legal responsibility or a contractual obligation for the care of an incapacitated adult, or has voluntarily assumed responsibility for the care of an incapacitated adult. The term includes a facility operated by any public or private agency, organization or institution which provides services to, and has assumed responsibility for the care of an incapacitated adult.


(4) “Incapacitated adult” means any person eighteen years of age or older who by reason of advanced age, physical, mental or other infirmity is unable to carry on the daily activities of life necessary to sustaining life and reasonable health;


(5) “Neglect” means the unreasonable failure by a caregiver to provide the care necessary to assure the physical safety or health of an incapacitated adult; and


(6) “Serious bodily injury” means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.


(b) A caregiver who neglects an incapacitated adult or who knowingly permits another person to neglect an incapacitated adult is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 or confined in jail for not more than one year, or both fined and confined.


(c) A caregiver who abuses an incapacitated adult or who knowingly permits another person to abuse an incapacitated adult is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 or confined in jail for not less than ninety days nor more than one year, or both fined and confined.


(d) A caregiver of an incapacitated adult who intentionally and maliciously abuses or neglects an incapacitated adult and causes the incapacitated adult bodily injury is guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 and imprisoned in a state correctional facility not less than two years nor more than ten years.


(e) A caregiver of an incapacitated adult who intentionally and maliciously abuses or neglects an incapacitated adult and causes the incapacitated adult serious bodily injury is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 and imprisoned in a state correctional facility not less than three years nor more than fifteen years.


(f) Nothing in this section or in section twenty-nine-a of this article shall be construed to mean an adult is abused or neglected for the sole reason that his or her independent decision is to rely upon treatment by spiritual means in accordance with the tenets and practices of a recognized church or religious denomination or organization in lieu of medical treatment.


(g) Nothing in this section or in section twenty-nine-a of this article shall be construed to mean an incapacitated adult is abused or neglected if deprivation of life-sustaining treatment or other act has been provided for by the West Virginia Health Care Decisions Act, pursuant to article thirty, chapter sixteen of this code.


CREDIT(S)


Acts 1997, c. 72, eff. 90 days after April 8, 1997; Acts 2004, c. 76, eff. 90 days after March 13, 2004; Acts 2009, c. 56, eff. July 10, 2009.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-2-29a


Effective: July 10, 2009


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 2. Crimes Against the Person (Refs & Annos)

§ 61-2-29a. Death of an incapacitated adult by a caregiver


(a) A caregiver who intentionally and maliciously neglects an incapacitated adult causing death is guilty of a felony and, upon conviction thereof, shall be fined not more than $5000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than fifteen years.


(b) A caregiver of an incapacitated adult who causes the death of an incapacitated adult by knowingly allowing any other person to intentionally or maliciously neglect the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not more than $5000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than fifteen years.


(c) A caregiver of an incapacitated adult who intentionally and maliciously abuses an incapacitated adult which causes the death of the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of not less than five nor more than forty years.


(d) A caregiver of an incapacitated adult who causes the death of an incapacitated adult by knowingly allowing any other person to intentionally and maliciously abuse an incapacitated adult is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of not less than five nor more than forty years.


(f) The provisions of this section do not apply to any caregiver or health care provider who, without malice, fails or refuses, or allows another person to, without malice, fail or refuse, to supply an incapacitated adult with necessary medical care when the medical care conflicts with the tenets and practices of a recognized religious denomination or order of which the incapacitated adult is an adherent member.


CREDIT(S)


Acts 2009, c. 56, eff. July 10, 2009.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-2-29b


Effective: June 10, 2011


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 2. Crimes Against the Person (Refs & Annos)

§ 61-2-29b. Financial exploitation of an elderly person, protected person or incapacitated adult; penalties; definitions


(a) Financial exploitation occurs when a person intentionally misappropriates or misuses the funds or assets of an elderly person, protected person or incapacitated adult. Any person who violates this section is guilty of larceny and shall be ordered to pay restitution.


(b) In determining the value of the money, goods, property or services referred to in subsection (a) of the section, it shall be permissible to cumulate amounts or values where such money, goods, property or services were fraudulently obtained as part of a common scheme or plan.


(c) Financial institutions and their employees, as defined by section one, article two-a, chapter thirty-one-a of this code and as permitted by section four, subsection thirteen of that article, others engaged in financially related activities as defined by section one, article eight-c, chapter thirty-one-a of this code, caregivers, relatives and other concerned persons are permitted to report suspected cases of financial exploitation to state or federal law enforcement authorities, the county prosecuting attorney and to the Department of Health and Human Resources, Adult Protective Services Division or Medicaid Fraud Division, as appropriate. Public officers and employees are required to report suspected cases of financial exploitation to the appropriate entities as stated above. The requisite agencies shall investigate or cause the investigation of the allegations.


(d) When financial exploitation is suspected and to the extent permitted by federal law, financial institutions and their employees or other business entities required by federal law or regulation to file suspicious activity reports and currency transaction reports shall also be permitted to disclose suspicious activity reports or currency transaction reports to the prosecuting attorney of any county in which the transactions underlying the suspicious activity reports or currency transaction reports occurred.


(e) Any person or entity that in good faith reports a suspected case of financial exploitation pursuant to this section is immune from civil liability founded upon making that report.


(f) For the purposes of this section:


(1) “Incapacitated adult” means a person as defined by section twenty-nine of this article;


(2) “Elderly person” means a person who is sixty-five years or older; and


(3) “Protected person” means any person who is defined as a “protected person” in subsection thirteen, section four, article one, chapter forty-four-a of this code and who is subject to the protections of chapter forty-four-a or forty-four-c of this code.


CREDIT(S)


Acts 2009, c. 56, eff. July 10, 2009; Acts 2011, c. 39, eff. June 10, 2011.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-2-30


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 2. Crimes Against the Person (Refs & Annos)

§ 61-2-30. Recognizing an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person


(a) This section may be known and cited as the Unborn Victims of Violence Act.


(b) For the purposes of this article, the following definitions shall apply: Provided, That these definitions only apply for purposes of prosecution of unlawful acts under this section and may not otherwise be used: (i) To create or to imply that a civil cause of action exists; or (ii) for purposes of argument in a civil cause of action, unless there has been a criminal conviction under this section.


(1) “Embryo” means the developing human in its early stages. The embryonic period commences at fertilization and continues to the end of the embryonic period and the beginning of the fetal period, which occurs eight weeks after fertilization or ten weeks after the onset of the last menstrual period.


(2) “Fetus” means a developing human that has ended the embryonic period and thereafter continues to develop and mature until termination of the pregnancy or birth.


(c) For purposes of enforcing the provisions of sections one, four and seven of this article, subsections (a) and (c), section nine of said article, sections ten and ten-b of said article and subsection (a), section twenty-eight of said article, a pregnant woman and the embryo or fetus she is carrying in the womb constitute separate and distinct victims.


(d) Exceptions. -- The provisions of this section do not apply to:


(1) Acts committed during a legal abortion to which the pregnant woman, or a person authorized by law to act on her behalf, consented or for which the consent is implied by law;


(2) Acts or omissions by medical or health care personnel during or as a result of medical or health-related treatment or services, including, but not limited to, medical care, abortion, diagnostic testing or fertility treatment;


(3) Acts or omissions by medical or health care personnel or scientific research personnel in performing lawful procedures involving embryos that are not in a stage of gestation in utero;


(4) Acts involving the use of force in lawful defense of self or another, but not an embryo or fetus; and


(5) Acts or omissions of a pregnant woman with respect to the embryo or fetus she is carrying.


(e) For purposes of the enforcement of the provisions of this section, a violation of the provisions of article two-i, chapter sixteen of this code shall not serve as a waiver of the protection afforded by the provisions of subdivision (1), subsection (d) of this section.


(f) Other convictions not barred. -- A prosecution for or conviction under this section is not a bar to conviction of or punishment for any other crime committed by the defendant arising from the same incident.


CREDIT(S)


Acts 2005, c. 241, eff. July 1, 2005.



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 940. Crimes Against Life and Bodily Security

Tags:20 WI (1.8%)

W.S.A. 940.04

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 940. Crimes Against Life and Bodily Security (Refs & Annos)

Subchapter I. Life (Refs & Annos)

940.04. Abortion


(1) Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.


(2) Any person, other than the mother, who does either of the following is guilty of a Class E felony:


(a) Intentionally destroys the life of an unborn quick child; or


(b) Causes the death of the mother by an act done with intent to destroy the life of an unborn child. It is unnecessary to prove that the fetus was alive when the act so causing the mother's death was committed.


(5) This section does not apply to a therapeutic abortion which:


(a) Is performed by a physician; and


(b) Is necessary, or is advised by 2 other physicians as necessary, to save the life of the mother; and


(c) Unless an emergency prevents, is performed in a licensed maternity hospital.


(6) In this section “unborn child” means a human being from the time of conception until it is born alive.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



Chapter 1. Criminal Code

Tags:25 LA (1.5%)

Chapter 1. Criminal Code (Refs & Annos)

Part IV. Offenses Affecting the Family

Subpart A. Criminal Neglect of Family

§ 74. Criminal neglect of family



A. (1) Criminal neglect of family is the desertion or intentional nonsupport:




(a) By a spouse of his or her spouse who is in destitute or necessitous circumstances; or



(b) By either parent of his minor child who is in necessitous circumstances, there being a duty established by this Section for either parent to support his child.



(2) Each parent shall have this duty without regard to the reasons and irrespective of the causes of his living separate from the other parent. The duty established by this Section shall apply retrospectively to all children born prior to the effective date of this Section.



(3) For purposes of this Subsection, the factors considered in determining whether “necessitous circumstances” exist are food, shelter, clothing, health, and with regard to minor children only, adequate education, including but not limited to public, private, or home schooling, and comfort.



B. (1) Whenever a husband has left his wife or a wife has left her husband in destitute or necessitous circumstances and has not provided means of support within thirty days thereafter, his or her failure to so provide shall be only presumptive evidence for the purpose of determining the substantive elements of this offense that at the time of leaving he or she intended desertion and nonsupport. The receipt of assistance from the Family Independence Temporary Assistance Program (FITAP) shall constitute only presumptive evidence of necessitous circumstances for purposes of proving the substantive elements of this offense. Physical incapacity which prevents a person from seeking any type of employment constitutes a defense to the charge of criminal neglect of family.



(2) Whenever a parent has left his minor child in necessitous circumstances and has not provided means of support within thirty days thereafter, his failure to so provide shall be only presumptive evidence for the purpose of determining the substantive elements of this offense that at the time of leaving the parent intended desertion and nonsupport. The receipt of assistance from the Family Independence Temporary Assistance Program (FITAP) shall constitute only presumptive evidence of necessitous circumstances for the purpose of proving the substantive elements of this offense. Physical incapacity which prevents a person from seeking any type of employment constitutes a defense to the charge of criminal neglect of family.



C. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this Section. Husband and wife are competent witnesses to testify to any relevant matter.



D. (1) Whoever commits the offense of criminal neglect of family shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both, and may be placed on probation pursuant to R.S. 15:305.



(2) If a fine is imposed, the court shall direct it to be paid in whole or in part to the spouse or to the tutor or custodian of the child, to the court approved fiduciary of the spouse or child, or to the Louisiana Department of Children and Family Services in a FITAP or Family Independence Temporary Assistance Program case or in a non-FITAP or Family Independence Temporary Assistance Program case in which the said department is rendering services, whichever is applicable; hereinafter, said payee shall be referred to as the “applicable payee.” In addition, the court may issue a support order, after considering the circumstances and financial ability of the defendant, directing the defendant to pay a certain sum at such periods as the court may direct. This support shall be ordered payable to the applicable payee. The amount of support as set by the court may be increased or decreased by the court as the circumstances may require.



(3) The court may also require the defendant to enter into a recognizance, with or without surety, in order that the defendant shall make his or her personal appearance in court whenever required to do so and shall further comply with the terms of the order or of any subsequent modification thereof.



E. For the purposes of this Section, “spouse” shall mean a husband or wife.




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Amended by Acts 1950, No. 164, § 1; Acts 1952, No. 368, § 1; Acts 1968, No. 233, § 1; Acts 1968, No. 647, § 1, eff. July 20, 1968, at 1:30 P.M.; Acts 1968, Ex.Sess., No. 14, § 1, eff. Dec. 27, 1968, at 1:05 P.M.; Acts 1975, No. 116, § 1, eff. July 1, 1975; Acts 1976, No. 559, § 1; Acts 1978, No. 443, § 1; Acts 1979, No. 614, § 1; Acts 1980, No. 764, §§ 4, 5; Acts 1981, No. 812, § 3, eff. Aug. 2, 1981; Acts 1981, Ex.Sess., No. 36, § 3, eff. Nov. 19, 1981; Acts 1984, No. 453, § 1; Acts 1997, No. 1402, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:74.1



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part IV. Offenses Affecting the Family

Subpart A. Criminal Neglect of Family

§ 74.1. Right of action



The provisions of Art. 242 of the Louisiana Revised Civil Code of 1870 shall not apply to any proceeding brought under the provisions of R.S. 14:74.




 CREDIT(S)



Added by Acts 1954, No. 298, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:75



Effective: June 29, 2010



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part IV. Offenses Affecting the Family

Subpart A. Criminal Neglect of Family

§ 75. Failure to pay child support obligation



A. This law may be cited as the “Deadbeat Parents Punishment Act of Louisiana”.




B. It shall be unlawful for any obligor to intentionally fail to pay a support obligation for any child who resides in the state of Louisiana, if such obligation has remained unpaid for a period longer than six months or is greater than two thousand five hundred dollars.



C. (1) For a first offense, the penalty for failure to pay a legal child support obligation shall be a fine of not more than five hundred dollars or imprisonment for not more than six months, or both.



(2) For a second or subsequent offense, the penalty for failure to pay a legal child support obligation shall be a fine of not more than twenty-five hundred dollars or imprisonment with or without hard labor for not more than two years, or both.



(3) Upon a conviction under this statute, the court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.



(4) In any case in which restitution is made prior to the time of sentencing, except for a second or subsequent offense, the court may suspend all or any portion of the imposition or execution of the sentence otherwise required in this Subsection.



(5) The penalty for failure to pay a legal child support obligation when the amount of the arrearage is more than fifteen thousand dollars and the obligation has been outstanding for at least one year shall be a fine of not more than twenty-five hundred dollars, or imprisonment with or without hard labor for not more than two years, or both.



D. With respect to an offense under this Section, an action may be prosecuted in a judicial district court in this state in which any child who is the subject of the support obligation involved resided during a period during which an obligor failed to meet that support obligation; or the judicial district in which the obligor resided during a period described in Subsection B of this Section; or any other judicial district with jurisdiction otherwise provided for by law.



E. As used in this Section, the following terms mean:



(1) “Obligor” means any person who has been ordered to pay a support obligation in accordance with law.



(2) “Support obligation” means any amount determined by a court order or an order of an administrative process pursuant to the law of the state of Louisiana to be due from a person for the support and maintenance of a child or children.



F. It shall be an affirmative defense to any charge under this Section that the obligor was financially unable to pay the support obligation during and after the period that he failed to pay as ordered by the court.




 CREDIT(S)



Added by Acts 2004, No. 801, § 1. Amended by Acts 2008, No. 336, § 1; Acts 2010, No. 689, § 2, eff. June 29, 2010.



Current through the 2012 Regular Session.




LSA-R.S. 14:75.1



Effective: December 31, 2005



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part IV. Offenses Affecting the Family

Subpart A. Criminal Neglect of Family

§§ 75.1, 75.2. Repealed by Acts 1993, No. 442, § 4, eff. June 9, 1993



Current through the 2012 Regular Session.




LSA-R.S. 14:75.2



Effective: December 31, 2005



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part IV. Offenses Affecting the Family

Subpart A. Criminal Neglect of Family

§§ 75.1, 75.2. Repealed by Acts 1993, No. 442, § 4, eff. June 9, 1993



Current through the 2012 Regular Session.




LSA-R.S. T. 14, Ch. 1, Pt. IV, Subpt. B, Refs & Annos



 


West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code

Part IV. Offenses Affecting the Family

Subpart B. Sex Offenses Affecting the Family



Current through the 2012 Regular Session.




LSA-R.S. 14:76



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part IV. Offenses Affecting the Family

Subpart B. Sex Offenses Affecting the Family (Refs & Annos)

§ 76. Bigamy



Bigamy is the marriage to another person by a person already married and having a husband or wife living; or the habitual cohabitation, in this state, with such second husband or wife, regardless of the place where the marriage was celebrated.




The provisions of this article shall not extend:



(1) To any person whose former husband or wife has been absent, at the time of the second marriage, for five successive years without being known to such person, within that time, to be living; or



(2) To any person whose former marriage has been annulled or dissolved at the time of the second marriage, by the judgment of a competent court; or



(3) To any person who has, at the time of the second marriage, a reasonable and honest belief that his or her former husband or wife is dead, or that a valid divorce or annulment has been secured, or that his or her former marriage was invalid.



Whoever commits the crime of bigamy shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.



Current through the 2012 Regular Session.




LSA-R.S. 14:77



Effective: December 31, 2005



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part IV. Offenses Affecting the Family

Subpart B. Sex Offenses Affecting the Family (Refs & Annos)

§ 77. Abetting in bigamy



Abetting in bigamy is the marriage of an unmarried person to the husband or wife of another, with knowledge of the fact that the party is married and without a reasonable and honest belief that such party is divorced or his marriage annulled, or that the party's husband or wife is dead.




Whoever commits the crime of abetting in bigamy shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.



Current through the 2012 Regular Session.




LSA-R.S. 14:78



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part IV. Offenses Affecting the Family

Subpart B. Sex Offenses Affecting the Family (Refs & Annos)

§ 78. Incest



A. Incest is the marriage to, or sexual intercourse with, any ascendant or descendant, brother or sister, uncle or niece, aunt or nephew, with knowledge of their relationship.




B. The relationship must be by consanguinity, but it is immaterial whether the parties to the act are related to one another by the whole or half blood.



C. This Section shall not apply where one, not a resident of this state at the time of the celebration of his marriage, shall have contracted a marriage lawful at the place of celebration and shall thereafter have removed to this state.



D. (1) Whoever commits incest, where the crime is between an ascendant and descendant, or between brother and sister, shall be imprisoned at hard labor for not more than fifteen years.



(2) Whoever commits incest, where the crime is between uncle and niece, or aunt and nephew, shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.




 CREDIT(S)



Amended by Acts 1985, No. 706, § 1; Acts 2004, No. 26, § 8.



Current through the 2012 Regular Session.




LSA-R.S. 14:78.1



Effective: August 15, 2008



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part IV. Offenses Affecting the Family

Subpart B. Sex Offenses Affecting the Family (Refs & Annos)

§ 78.1. Aggravated incest



A. Aggravated incest is the engaging in any prohibited act enumerated in Subsection B with a person who is under eighteen years of age and who is known to the offender to be related to the offender as any of the following biological, step, or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece.




B. The following are prohibited acts under this Section:



(1) Sexual intercourse, sexual battery, second degree sexual battery, carnal knowledge of a juvenile, indecent behavior with juveniles, pornography involving juveniles, molestation of a juvenile or a person with a physical or mental disability, crime against nature, cruelty to juveniles, parent enticing a child into prostitution, or any other involvement of a child in sexual activity constituting a crime under the laws of this state.



(2) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child, the offender, or both.



C. Consent is not a defense under this Section.



D. (1) A person convicted of aggravated incest shall be fined an amount not to exceed fifty thousand dollars, or imprisoned, with or without hard labor, for a term not less than five years nor more than twenty years, or both.



(2) Whoever commits the crime of aggravated incest on a victim under the age of thirteen years when the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.



(3) Upon completion of the term of imprisonment imposed in accordance with Paragraph (2) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.



(4) Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.



(5) The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to, the degree that sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.



(6) The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act [FN1] that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.



E. (1) In addition to any sentence imposed under Subsection D, the court shall, after determining the financial resources and future ability of the offender to pay, require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense.



(2) The amount, method, and time of payment shall be determined by the court either by ordering that documentation of the offender's financial resources and future ability to pay restitution and of the victim's pecuniary loss submitted by the victim be included in the presentence investigation and report, or the court may receive evidence of the offender's ability to pay and the victim's loss at the time of sentencing.



(3) The court may provide for payment to a victim up to but not in excess of the pecuniary loss caused by the offense. The offender may assert any defense that he could raise in a civil action for the loss sought to be compensated by the restitution order.




 CREDIT(S)



Added by Acts 1993, No. 525, § 1, eff. June 10, 1993. Amended by Acts 2004, No. 648, § 1; Acts 2004, No. 676, § 1; Acts 2006, No. 325, § 2; Acts 2008, No. 33, § 1.



[FN1] R.S. 49:950 et seq.



Current through the 2012 Regular Session.





Chapter 12. Offenses Against Public Health and Morals

Tags:08 GA (3.2%)

Ga. Code Ann., T. 16, Ch. 12, Art. 5, Refs & Annos

 

West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses

Chapter 12. Offenses Against Public Health and Morals

Article 5. Abortion


 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-12-140

 


Effective: May 1, 2012


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 12. Offenses Against Public Health and Morals (Refs & Annos)

Article 5. Abortion (Refs & Annos)

§ 16-12-140. Criminal abortion



 

<For effective date of Laws 2012, Act 631, see Laws 2012, Act 631, § 6, set out as a note under this section.>



(a) A person commits the offense of criminal abortion when, in violation of Code Section 16-12-141, he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion.




(b) A person convicted of the offense of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years.




CREDIT(S)


Laws 1876, p. 113, § 2; Laws 1968, p. 1249, § 1; Laws 1973, p. 635, § 1; Laws 2012, Act 631, § 2.



Formerly Code 1882, § 4337b; Penal Code 1895, § 81; Penal Code 1910, § 81; Code 1933, § 26-1101; Code 1933, §§ 26-1201, 26-1203; Code 1933, § 26-1204.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-12-141

 


Effective: May 1, 2012


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 12. Offenses Against Public Health and Morals (Refs & Annos)

Article 5. Abortion (Refs & Annos)

§ 16-12-141. When and where procedure authorized; physician authorized to perform procedure



 

<For effective date of Laws 2012, Act 631, see Laws 2012, Act 631, § 6, set out as a note under this section.>



(a) No abortion is authorized or shall be performed in violation of subsection (a) of Code Section 31-9B-2.




(b)(1) No abortion is authorized or shall be performed after the first trimester unless the abortion is performed in a licensed hospital, in a licensed ambulatory surgical center, or in a health facility licensed as an abortion facility by the Department of Community Health.




(2) An abortion shall only be performed by a physician licensed under Article 2 of Chapter 34 of Title 43.



(c)(1) No abortion is authorized or shall be performed if the probable gestational age of the unborn child has been determined in accordance with Code Section 31-9B-2 to be 20 weeks or more unless the pregnancy is diagnosed as medically futile, as such term is defined in Code Section 31-9B-1, or in reasonable medical judgment the abortion is necessary to:




(A) Avert the death of the pregnant woman or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; or



(B) Preserve the life of an unborn child.



As used in this paragraph, the term “probable gestational age of the unborn child” has the meaning provided by Code Section 31-9B-1.



(2) In any case described in subparagraph (A) or (B) of paragraph (1) of this subsection, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would another available method. No such greater risk shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. If the child is capable of sustained life, medical aid then available must be rendered.



(d) Hospital or other licensed health facility records shall be available to the district attorney of the judicial circuit in which the hospital or health facility is located.




CREDIT(S)


Laws 1968, p. 1249, § 1; Laws 1973, p. 635, § 1; Laws 1997, p. 142, § 1; Laws 2005, Act 400, § 4, eff. May 10, 2005; Laws 2009, Act 102, §§ 1-4, 1-6, eff. July 1, 2009; Laws 2011, Act 244, §§ 6-3, 6-5, eff. July 1, 2011; Laws 2012, Act 631, § 2.



Formerly Code 1933, § 26-1202.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-12-141.1

 


Effective: July 1, 2011


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 12. Offenses Against Public Health and Morals (Refs & Annos)

Article 5. Abortion (Refs & Annos)

§ 16-12-141.1. Aborted fetuses; disposal; reporting requirements; forms; violations; public reports; confidentiality



(a)(1) Every hospital and clinic in which abortions are performed or occur spontaneously, and any laboratory to which the aborted fetuses are delivered, shall provide for the disposal of the aborted fetuses by cremation, interment, or other manner approved of by the commissioner of public health. The hospital, clinic, or laboratory may complete any laboratory tests necessary for the health of the woman or her future offspring prior to disposing of the aborted fetus.




(2) Each hospital, clinic, and laboratory shall report, on a form of the type and confidentiality provided for in subsection (d) of Code Section 16-12-141, and provided by the commissioner of public health, the manner in which it disposes of the aborted fetus. Such reports shall be made annually by December 31 and whenever the method of disposal changes. The commissioner of public health shall provide forms for reporting under this Code section.



(b) Any hospital, clinic, or laboratory violating the provisions of subsection (a) of this Code section shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00.




(c) Within 90 days after May 10, 2005, the Department of Human Resources (now known as the Department of Public Health for these purposes) shall prepare a reporting form for physicians which shall include:




(1) The number of females whose parent or guardian was provided the notice required in paragraph (1) of subsection (a) of Code Section 15-11-112 by the physician or such physician's agent; of that number, the number of notices provided personally under subparagraphs (a)(1)(A) and (a)(1)(B) of Code Section 15-11-112 and the number of notices provided by mail under subparagraph (a)(1)(C) of Code Section 15-11-112; and, of each of those numbers, the number of females who, to the best of the reporting physician's information and belief, went on to obtain the abortion;



(2) The number of females upon whom the physician performed an abortion without providing to the parent or guardian of a minor the notice required by subsection (a) of Code Section 15-11-112; and of that number, the number of females for which subsection (b) of Code Section 15-11-112 and Code Section 15-11-116 were applicable;



(3) The number of abortions performed upon a female by the physician after receiving judicial authorization pursuant to subsection (b) of Code Section 15-11-112 and Code Section 15-11-114; and



(4) The same information described in paragraphs (1), (2), and (3) of this subsection with respect to females for whom a guardian or conservator has been appointed.



(d) The Department of Public Health shall ensure that copies of the reporting forms described in subsection (c) of this Code section, together with a reprint of this Code section, are provided:




(1) Within 120 days after May 10, 2005, to all health facilities licensed as an abortion facility by the Department of Human Resources (now known as the Department of Public Health for these purposes) ;



(2) To each physician licensed or who subsequently becomes licensed to practice medicine in this state at the same time as official notification to that physician that the physician is so licensed; and



(3) By December 1 of every year, other than the calendar year in which forms are distributed in accordance with paragraph (1) of this subsection, to all health facilities licensed as an abortion facility by the Department of Public Health.



(e) By February 28 of each year following a calendar year in any part of which this subsection was in effect, each physician who provided, or whose agent provided, the notice described in subsection (a) of Code Section 15-11-112 and any physician who knowingly performed an abortion upon a female or upon a female for whom a guardian or conservator had been appointed because of a finding of incompetency during the previous calendar year shall submit to the Department of Public Health a copy of the form described in subsection (c) of this Code section with the requested data entered accurately and completely.




(f) Reports that are submitted more than 30 days following the due date shall be subject to a late fee of $500.00 for that period and the same fee for each additional 30 day period or portion of a 30 day period in which they remain overdue. Any physician required to report in accordance with this Code section who submits an incomplete report or fails to submit a report for more than one year following the due date may, in an action brought by the Department of Public Health, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to sanctions for civil contempt.




(g) By June 30 of each year, the Department of Public Health shall issue a public report providing statistics for the previous calendar year compiled from all the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (c) of this Code section. The report shall also include statistics which shall be obtained by the Administrative Office of the Courts giving the total number of petitions or motions filed under subsection (b) of Code Section 15-11-112 and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification, the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of such appeals that resulted in the denials being affirmed, and the number of such appeals that resulted in reversals of such denials. Each report shall also provide the statistics for all previous calendar years for which such a public statistical report was required to be issued, adjusted to reflect any additional information from late or corrected reports. The Department of Public Health shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual female or of any female for whom a guardian or conservator has been appointed.




(h) The Department of Public Health may by regulation alter the dates established by paragraph (3) of subsection (d) and subsections (e) and (g) of this Code section or consolidate the forms or reports to achieve administrative convenience or fiscal savings or to reduce the burden of reporting requirements so long as reporting forms are sent to all facilities licensed as an abortion facility by the Department of Public Health at least once every year and the report described in subsection (g) of this Code section is issued at least once each year.




(i) The Department of Public Health shall ensure that the names and identities of the physicians filing reports under this Code section shall remain confidential. The names and identities of such physicians shall not be subject to Article 4 of Chapter 18 of Title 50.




CREDIT(S)


Laws 1985, p. 1421, § 1; Laws 2005, Act 400, § 5, eff. May 10, 2005; Laws 2009, Act 102, § 1-6, eff. July 1, 2009; Laws 2011, Act 244, §§ 6-3, 6-5, eff. July 1, 2011.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-12-142

 


Effective: July 1, 2006


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 12. Offenses Against Public Health and Morals (Refs & Annos)

Article 5. Abortion (Refs & Annos)

§ 16-12-142. Medical facilities and physicians not required to perform abortions; Provisions for pharmacists to object to filling prescriptions intended to terminate pregnancies; limitations



(a) Nothing in this article shall require a hospital or other medical facility or physician to admit any patient under the provisions of this article for the purpose of performing an abortion. In addition, any person who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion; and the refusal of the person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person. The written objection shall remain in effect until the person revokes it or terminates his association with the facility with which it is filed.




(b) Any pharmacist who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is to terminate a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person; provided, however, that the pharmacist shall make all reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed. Nothing in this subsection shall be construed to authorize a pharmacist to refuse to fill a prescription for birth control medication, including any process, device, or method to prevent pregnancy and including any drug or device approved by the federal Food and Drug Administration for such purpose.




CREDIT(S)


Laws 1968, p. 1249, § 1; Laws 1973, p. 635, § 1; Laws 2006, Act 468, § 2A, eff. July 1, 2006.



Formerly Code 1933, § 26-1202.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-12-143

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 12. Offenses Against Public Health and Morals (Refs & Annos)

Article 5. Abortion (Refs & Annos)

§ 16-12-143. Failure to file



A person who fails to file or maintain in complete form any of the written reports required in this article within the time set forth is guilty of a misdemeanor.





CREDIT(S)


Laws 1973, p. 635, § 1.



Formerly Code 1933, § 26-1203.



 

Current through the 2012 Regular Session



 

Ga. Code Ann., § 16-12-144

 


Effective:[See Text Amendments]


West's Code of Georgia Annotated Currentness

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 12. Offenses Against Public Health and Morals (Refs & Annos)

Article 5. Abortion (Refs & Annos)

§ 16-12-144. Partial-birth abortion



(a) As used in this Code section, the term:




(1) “Fetus” means the biological offspring of human parents.



(2) “Partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before ending the life of the fetus and completing the delivery.



(b) Any person who knowingly performs a partial-birth abortion and thereby ends the life of a human fetus shall, upon conviction thereof, be punished by a fine not to exceed $5,000.00, imprisonment for not more than five years, or both. This prohibition shall not apply to a partial-birth abortion that is necessary to save the life of the mother because her life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering condition caused by or arising from the pregnancy itself, provided that no other medical procedure will suffice to save the mother's life.




(c)(1) The father of the fetus, and the maternal grandparents of the fetus if the mother has not attained the age of 18 years of age at the time of the abortion, may obtain appropriate relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.




(2) Such relief shall include:



(A) Money damages for all injuries, psychological and physical, occasioned by the violation of this Code section; and



(B) Statutory damages equal to three times the cost of the partial-birth abortion.



(d) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this Code section for violating this Code section or any provision thereof, or for conspiracy or for an attempt to violate this Code section or any provision thereof.




CREDIT(S)


Laws 1997, p. 142, § 2.



 

Current through the 2012 Regular Session



Chapter 726. Protection of the Family and Dependent Persons

Tags:30 IA (1.0%)

I.C.A. T. XVI, Subt. 1, Ch. 726, Refs & Annos


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915]

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747]

Chapter 726. Protection of the Family and Dependent Persons



Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.1


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.1. Bigamy


Any person, having a living husband or wife, who marries another, commits bigamy. Any of the following is a defense to the charge of bigamy:


1. The prior marriage was terminated in accordance with applicable law, or the person reasonably believes on reasonably convincing evidence that the prior marriage was so terminated.


2. The person believes, on reasonably convincing evidence, that the prior spouse is dead.


3. The person has, for three years, had no evidence by which the person can reasonably believe that the prior spouse is alive.


Any person who marries another who the person knows has another living husband or wife commits bigamy. Bigamy is a serious misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2601, eff. Jan. 1, 1978.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.2


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.2. Incest


A person, except a child as defined in section 702.5, who performs a sex act with another whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant, brother or sister of the whole or half blood, aunt, uncle, niece, or nephew, commits incest. Incest is a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2602, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 25, eff. Jan. 1, 1978; Acts 1986 (71 G.A.) ch. 1105, § 1.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.3


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.3. Neglect or abandonment of a dependent person


A person who is the father, mother, or some other person having custody of a child, or of any other person who by reason of mental or physical disability is not able to care for the person's self, who knowingly or recklessly exposes such person to a hazard or danger against which such person cannot reasonably be expected to protect such person's self or who deserts or abandons such person, knowing or having reason to believe that the person will be exposed to such hazard or danger, commits a class “C” felony. However, a parent or person authorized by the parent shall not be prosecuted for a violation of this section involving abandonment of a newborn infant, if the parent or the person authorized by the parent has voluntarily released custody of the newborn infant in accordance with section 233.2.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2603, eff. Jan. 1, 1978. Amended by Acts 2001 (79 G.A.) ch. 67, § 11, eff. April 24, 2001; Acts 2002 (79 G.A.) ch. 1119, § 103.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.4


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.4. Husband or wife may be witness


In all prosecutions under section 726.3, 726.5 or 726.6, the husband or wife is a competent witness for the state and may testify to relevant acts or communications between them.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2604, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 26, eff. Jan. 1, 1978; Acts 1983 (70 G.A.) ch. 37, § 6.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.5


Effective: July 1, 2006


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.5. Nonsupport


A person, who being able to do so, fails or refuses to provide support for the person's child or ward under the age of eighteen years for a period longer than one year or in an amount greater than five thousand dollars commits nonsupport; provided that no person shall be held to have violated this section who fails to support any child or ward under the age of eighteen who has left the home of the parent or other person having legal custody of the child or ward without the consent of that parent or person having legal custody of the child or ward. “Support”, for the purposes of this section, means any support which has been fixed by court order, or, in the absence of any such order or decree, the minimal requirements of food, clothing or shelter. Nonsupport is a class “D” felony.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2605, eff. Jan. 1, 1978. Amended by Acts 2006 (81 G.A.) ch. 1119, H.F. 2332, § 8.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.6


Effective: July 1, 2009


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.6. Child endangerment


1. A person who is the parent, guardian, or person having custody or control over a child or a minor under the age of eighteen with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person does any of the following:


a. Knowingly acts in a manner that creates a substantial risk to a child or minor's physical, mental or emotional health or safety.


b. By an intentional act or series of intentional acts, uses unreasonable force, torture or cruelty that results in bodily injury, or that is intended to cause serious injury.


c. By an intentional act or series of intentional acts, evidences unreasonable force, torture or cruelty which causes substantial mental or emotional harm to a child or minor.


d. Willfully deprives a child or minor of necessary food, clothing, shelter, health care or supervision appropriate to the child or minor's age, when the person is reasonably able to make the necessary provisions and which deprivation substantially harms the child or minor's physical, mental or emotional health. For purposes of this paragraph, the failure to provide specific medical treatment shall not for that reason alone be considered willful deprivation of health care if the person can show that such treatment would conflict with the tenets and practice of a recognized religious denomination of which the person is an adherent or member. This exception does not in any manner restrict the right of an interested party to petition the court on behalf of the best interest of the child or minor.


e. Knowingly permits the continuing physical or sexual abuse of a child or minor. However, it is an affirmative defense to this subsection if the person had a reasonable apprehension that any action to stop the continuing abuse would result in substantial bodily harm to the person or the child or minor.


f. Abandons the child or minor to fend for the child or minor's self, knowing that the child or minor is unable to do so.


g. Knowingly permits a child or minor to be present at a location where amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of isomers, is manufactured in violation of section 124.401, subsection 1, or where a product is possessed in violation of section 124.401, subsection 4.


h. Knowingly allows a person custody or control of, or unsupervised access to a child or a minor after knowing the person is required to register or is on the sex offender registry as a sex offender under chapter 692A. However, this paragraph does not apply to a person who is a parent or guardian of a child or a minor, who is required to register as a sex offender, or to a person who is married to and living with a person required to register as a sex offender.


2. A parent or person authorized by the parent shall not be prosecuted for a violation of subsection 1, paragraph “f”, relating to abandonment, if the parent or person authorized by the parent has voluntarily released custody of a newborn infant in accordance with section 233.2.


3. For the purposes of subsection 1, “person having control over a child or a minor” means any of the following:


a. A person who has accepted, undertaken, or assumed supervision of a child or such a minor from the parent or guardian of the child or minor.


b. A person who has undertaken or assumed temporary supervision of a child or such a minor without explicit consent from the parent or guardian of the child or minor.


c. A person who operates a motor vehicle with a child or such a minor present in the vehicle.


4. A person who commits child endangerment resulting in the death of a child or minor is guilty of a class “B” felony. Notwithstanding section 902.9, subsection 2, a person convicted of a violation of this subsection shall be confined for no more than fifty years.


5. A person who commits child endangerment resulting in serious injury to a child or minor is guilty of a class “C” felony.


6. A person who commits child endangerment resulting in bodily injury to a child or minor or child endangerment in violation of subsection 1, paragraph “g”, that does not result in a serious injury, is guilty of a class “D” felony.


7. A person who commits child endangerment that is not subject to penalty under subsection 4, 5, or 6 is guilty of an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2606, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 147, § 27, eff. Jan. 1, 1978; Acts 1985 (71 G.A.) ch. 180, § 3; Acts 1996 (76 G.A.) ch. 1129, § 109; Acts 2001 (79 G.A.) ch. 3, §§ 2 to 5; Acts 2001 (79 G.A.) ch. 67, § 12, eff. April 24, 2001; Acts 2002 (79 G.A.) ch. 1119, § 104; Acts 2004 (80 G.A.) ch. 1004, § 1; Acts 2004 (80 G.A.) ch. 1151, §§ 3, 4; Acts 2005 (81 G.A.) ch. 158, H.F. 619, § 31; Acts 2007 (82 G.A.) ch. 126, S.F. 333, § 109; Acts 2009 (83 G.A.) ch. 119, S.F. 340, § 65.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.6A


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.6A. Multiple acts of child endangerment--penalty


A person who engages in a course of conduct including three or more acts of child endangerment as defined in section 726.6 within a period of twelve months involving the same child or a minor with a mental or physical disability, where one or more of the acts results in serious injury to the child or minor or results in a skeletal injury to a child under the age of four years, is guilty of a class “B” felony. Notwithstanding section 902.9, subsection 2, a person convicted of a violation of this section shall be confined for no more than fifty years.


CREDIT(S)


Added by Acts 1994 (75 G.A.) ch. 1172, § 59. Amended by Acts 1996 (76 G.A.) ch. 1129, § 110.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.7


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.7. Wanton neglect of a resident of a health care facility


1. A person commits wanton neglect of a resident of a health care facility when the person knowingly acts in a manner likely to be injurious to the physical or mental welfare of a resident of a health care facility as defined in section 135C.1.


2. A person who commits wanton neglect resulting in serious injury to a resident of a health care facility is guilty of a class “C” felony.


3. A person who commits wanton neglect not resulting in serious injury to a resident of a health care facility is guilty of an aggravated misdemeanor.


CREDIT(S)


Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 2607, eff. Jan. 1, 1978. Amended by Acts 1991 (74 G.A.) ch. 107, § 13.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.8


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.8. Wanton neglect or nonsupport of a dependent adult


1. A caretaker commits wanton neglect of a dependent adult if the caretaker knowingly acts in a manner likely to be injurious to the physical, mental, or emotional welfare of a dependent adult. Wanton neglect of a dependent adult is a serious misdemeanor.


2. A person who has legal responsibility either through contract or court order for support of a dependent adult and who fails or refuses to provide support commits nonsupport. Nonsupport is a class “D” felony.


3. A person alleged to have committed wanton neglect or nonsupport of a dependent adult shall be charged with the respective offense unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.


4. For the purposes of this section, “dependent adult” means a dependent adult as defined in section 235B.2, subsection 4, and “caretaker” means a caretaker as defined in section 235B.2, subsection 1.


CREDIT(S)


Added by Acts 1987 (72 G.A.) ch. 182, § 10.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.9


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.9. Transferred to § 725.13 for Code 1979


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.10


Effective: March 26, 2010


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.10. Sexual motivation


A person convicted of any indictable offense under this subchapter shall be required to register as a sex offender pursuant to the provisions of chapter 692A, if the offense was committed against a minor and the fact finder makes a determination that the offense was sexually motivated pursuant to section 692A.126.


CREDIT(S)


Added by Acts 2010 (83 G.A.) ch. 1104, S.F. 2305, § 22, eff. March 26, 2010.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.11


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.12


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.13


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.14


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.15


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.16


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.11 to 726.16. Transferred to §§ 725.15 to 725.18 for Code 1979


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.17


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.17 to 726.20. Reserved


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.18


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.17 to 726.20. Reserved


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.19


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.17 to 726.20. Reserved


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.20


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter I. Criminal Violations and Penalties

726.17 to 726.20. Reserved


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.21


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter II. Child Identification and Protection Act

726.21. Short title


This subchapter shall be known as and may be cited as the “Child Identification and Protection Act”.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 132, H.F. 685, § 1.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.22


Effective:[See Text Amendments]


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter II. Child Identification and Protection Act

726.22. Definitions


As used in this subchapter, unless the context otherwise requires:


1. “Child” means any person under eighteen years of age.


2. “Governmental unit” means the state, or any county, municipality, or other political subdivision of the state, or any department, board, division, or other agency of any of these entities; an authorized representative of the state, or any county, municipality, or other political subdivision of the state, or of a department, board, division, or other agency of any of these entities; or a school district or an authorized representative of a school district.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 132, H.F. 685, § 2.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


I.C.A. § 726.23


Effective: July 1, 2008


Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 726. Protection of the Family and Dependent Persons (Refs & Annos)

Subchapter II. Child Identification and Protection Act

726.23. Fingerprinting of children prohibited--exception--conditions


1. Except as provided in subsection 2, a governmental unit shall not fingerprint a child.


2. A governmental unit may fingerprint a child if one or more of the following conditions apply:


a. (1) A parent or guardian has given written authorization for the taking of the fingerprints for use in the future in case the child becomes a runaway or a missing child. Only one set of prints shall be taken and the completed fingerprint cards and written authorizations shall be given to the parent or guardian. The fingerprints, written authorizations for fingerprinting, or notice of the fingerprints' existence shall not be recorded, stored, or kept in any manner by a law enforcement agency, except as provided in this subchapter or except at the request of the parent or guardian if the child becomes a runaway or a missing child. When the child is located or the case is otherwise disposed of, the fingerprint cards shall be returned to the parents or guardian.


(2) Nothing in this paragraph “a” shall be construed to prohibit a governmental unit from taking the fingerprints of a child at the Iowa state fair or a county or district fair as defined in section 174.1 as long as the governmental unit complies with the requirements of this paragraph “a”.


b. Fingerprints are required to be taken pursuant to section 232.148, 690.2, or 690.4.


c. Fingerprints are required by court order.


d. Fingerprints are voluntarily given with the written permission of the child and parent or guardian, upon request of a law enforcement officer, to aid in a specific criminal investigation. Only one set of prints shall be taken and, upon completion of the investigation, the law enforcement agency shall return the fingerprint cards to the parent or guardian of the child.


CREDIT(S)


Added by Acts 2005 (81 G.A.) ch. 132, H.F. 685, § 3. Amended by Acts 2008 (82 G.A.) ch. 1038, H.F. 2119, § 1.


Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.


Chapter 30. Miscellaneous Offenses Against the Person  Body Piercing and Tattooing

Tags:28 OK (1.2%)

21 Okl.St.Ann. § 842.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Body Piercing and Tattooing

§ 842.1. Performing or offering to perform body piercing or tattooing on child under 18 years--Definitions


A. It shall be unlawful for any person to perform or offer to perform body piercing or tattooing on a child under eighteen (18) years of age. No person under eighteen (18) years of age shall be allowed to receive a tattoo. No person under eighteen (18) years of age shall be allowed to receive a body piercing procedure unless the parent or legal guardian of such child gives written consent for the procedure, and the parent or legal guardian of the child is present during the procedure. No person shall be allowed to purchase or possess tattoo equipment or supplies without being licensed either as an Oklahoma medical micropigmentologist or as an Oklahoma tattoo artist.


B. Tattooing shall not be performed upon a person impaired by drugs or alcohol. A person impaired by drugs or alcohol is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions.


C. It shall be unlawful for any person to perform or offer to perform scleral tattooing upon a person.


D. As used in this section and Sections 842.2 and 842.3 of this title:


1. “Body piercing” means a procedure in which an opening is created in a human body solely for the purpose of inserting jewelry or other decoration; provided, however, the term does not include ear piercing;


2. “Tattooing” means the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment; provided, that medical micropigmentation, performed pursuant to the provisions of the Oklahoma Medical Micropigmentation Regulation Act, shall not be construed to be tattooing;


3. “Body piercing operator” means any person who owns, controls, operates, conducts, or manages any permanent body piercing establishment, whether actually performing the work of body piercing or not. A mobile unit, including, but not limited to, a mobile home, recreational vehicle, or any other nonpermanent facility, shall not be used as a permanent body piercing establishment;


4. “Tattoo operator” means any person who owns, controls, operates, conducts, or manages any permanent tattooing establishment whether performing the work of tattooing or not, or a temporary location that is a fixed location at which an individual tattoo operator performs tattooing for a specified period of not more than seven (7) days in conjunction with a single event or celebration, where the primary function of the event or celebration is tattooing;


5. “Artist” means the person who actually performs the body piercing or tattooing procedure;


6. “Apprentice” means any person who is training under the supervision of a licensed tattoo artist. That person cannot independently perform the work of tattooing. Apprentice also means any person who is training under the supervision of a licensed body artist. That person cannot independently perform the work of body piercing; and


7. “Scleral tattooing” means the practice of producing an indelible mark or figure on the human eye by scarring or inserting a pigment on, in, or under the fornix conjunctiva, bulbar conjunctiva, ocular conjunctive, or other ocular surface using needles, scalpels or other related equipment.


E. Sections 842.1 through 842.3 of this title shall not apply to any act of a licensed practitioner of the healing arts performed in the course of practice of the practitioner.


F. Any person violating the provisions of this section shall be punished as provided in Section 842.2 of this title.


CREDIT(S)


Laws 1998, c. 123, § 1, eff. Nov. 1, 1998; Laws 2006, c. 141, § 1, eff. Nov. 1, 2006; Laws 2009, c. 319, § 1, eff. July 1, 2009.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)


Chapter 1. Criminal Code

Tags:25 LA (1.5%)

Chapter 1. Criminal Code (Refs & Annos)

Part V. Offenses Affecting the Public Morals (Refs & Annos)

Subpart A. Offenses Affecting Sexual Immorality (Refs & Annos)

3. Abortion (Refs & Annos)

§ 87. Abortion



A. (1) Abortion is the performance of any of the following acts, with the specific intent of terminating a pregnancy:




(a) Administering or prescribing any drug, potion, medicine or any other substance to a female; or



(b) Using any instrument or external force whatsoever on a female.



(2) This Section shall not apply to the female who has an abortion.



B. It shall not be unlawful for a physician to perform any of the acts described in Subsection A of this Section if performed under the following circumstances:



(1) The physician terminates the pregnancy in order to preserve the life or health of the unborn child or to remove a stillborn child.



(2) The physician terminates a pregnancy for the express purpose of saving the life, preventing the permanent impairment of a life sustaining organ or organs, or to prevent a substantial risk of death of the mother.



(3) The physician terminates a pregnancy by performing a medical procedure necessary in reasonable medical judgment to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.



C. As used in this Section, the following words and phrases are defined as follows:



(1) ‘Physician” means any person licensed to practice medicine in this state.



(2) ‘Unborn child” means the unborn offspring of human beings from the moment of fertilization until birth.



D. (1) Whoever commits the crime of abortion shall be imprisoned at hard labor for not less than one nor more than ten years and shall be fined not less than ten thousand dollars nor more than one hundred thousand dollars.



(2) This penalty shall not apply to the female who has an abortion.




 CREDIT(S)



Amended by Acts 1964, No. 167; Acts 1991, No. 26, § 2; Acts 2006, No. 467, § 2.



VALIDITY



<This section, as amended and reenacted by Acts 1991, No. 26, was declared unconstitutional by Sojourner, T. et al. v. Roemer and Okpalobi v. State, 772 F.Supp. 930 (E.D.La.), Aug. 7, 1991), order affirmed by Sojourner T. v. Edwards, C.A.5 (La.) 1992, 974 F.2d 27, 61 U.S.L.W. 2167 (5th Cir., Sept. 22, 1992), certiorari denied 113 S.Ct. 1414. See Notes of Decisions, post.>



Current through the 2012 Regular Session.




LSA-R.S. 14:87.1



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part V. Offenses Affecting the Public Morals (Refs & Annos)

Subpart A. Offenses Affecting Sexual Immorality (Refs & Annos)

3. Abortion (Refs & Annos)

§ 87.1. Killing a child during delivery



Killing a child during delivery is the intentional destruction, during parturition of the mother, of the vitality or life of a child in a state of being born and before actual birth, which child would otherwise have been born alive; provided, however, that the crime of killing a child during delivery shall not be construed to include any case in which the death of a child results from the use by a physician of a procedure during delivery which is necessary to save the life of the child or of the mother and is used for the express purpose of and with the specific intent of saving the life of the child or of the mother.




Whoever commits the crime of killing a child during delivery shall be imprisoned at hard labor in the penitentiary for life.




 CREDIT(S)



Added by Acts 1973, No. 74, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:87.2



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part V. Offenses Affecting the Public Morals (Refs & Annos)

Subpart A. Offenses Affecting Sexual Immorality (Refs & Annos)

3. Abortion (Refs & Annos)

§ 87.2. Human experimentation



Human experimentation is the use of any live born human being, without consent of that live born human being, as hereinafter defined, for any scientific or laboratory research or any other kind of experimentation or study except to protect or preserve the life and health of said live born human being, or the conduct, on a human embryo or fetus in utero, of any experimentation or study except to preserve the life or to improve the health of said human embryo or fetus.




A human being is live born, or there is a live birth, whenever there is the complete expulsion or extraction from its mother of a human embryo or fetus, irrespective of the duration of pregnancy, which after such separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.



Whoever commits the crime of human experimentation shall be imprisoned at hard labor for not less than five nor more than twenty years, or fined not more than ten thousand dollars, or both.




 CREDIT(S)



Added by Acts 1973, No. 77, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:87.3



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part V. Offenses Affecting the Public Morals (Refs & Annos)

Subpart A. Offenses Affecting Sexual Immorality (Refs & Annos)

3. Abortion (Refs & Annos)

§ 87.3. [Blank]



Current through the 2012 Regular Session.




LSA-R.S. 14:87.4



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part V. Offenses Affecting the Public Morals (Refs & Annos)

Subpart A. Offenses Affecting Sexual Immorality (Refs & Annos)

3. Abortion (Refs & Annos)

§ 87.4. Abortion advertising



Abortion advertising is the placing or carrying of any advertisement of abortion services by the publicizing of the availability of abortion services.




Whoever commits the crime of abortion advertising shall be imprisoned, with or without hard labor, for not more than one year or fined not more than five thousand dollars, or both.




 CREDIT(S)



Added by Acts 1973, No. 76, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:87.5



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part V. Offenses Affecting the Public Morals (Refs & Annos)

Subpart A. Offenses Affecting Sexual Immorality (Refs & Annos)

3. Abortion (Refs & Annos)

§ 87.5. Intentional failure to sustain life and health of aborted viable infant



The intentional failure to sustain the life and health of an aborted viable infant shall be a crime. The intentional failure to sustain the life and health of an aborted viable infant is the intentional failure, by any physician or person performing or inducing an abortion, to exercise that degree of professional care and diligence, and to perform such measures as constitute good medical practice, necessary to sustain the life and health of an aborted viable infant, when the death of the infant results. For purposes of this Section, “viable” means that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supporting systems. Any person who commits the crime of intentional failure to sustain the life and health of an aborted viable infant shall be imprisoned at hard labor for not more than twenty-one years.




 CREDIT(S)



Added by Acts 1977, No. 406, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:88



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part V. Offenses Affecting the Public Morals (Refs & Annos)

Subpart A. Offenses Affecting Sexual Immorality (Refs & Annos)

3. Abortion (Refs & Annos)

§ 88. Distribution of abortifacients



Distribution of abortifacients is the intentional:




(1) Distribution or advertisement for distribution of any drug, potion, instrument, or article for the purpose of procuring an abortion; or



(2) Publication of any advertisement or account of any secret drug or nostrum purporting to be exclusively for the use of females, for preventing conception or producing abortion or miscarriage.



Whoever commits the crime of distribution of abortifacients shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.



Current through the 2012 Regular Session.


Title 18. Crimes and Punishments  Chapter 11. Bigamy and Polygamy

Tags:39 ID (0.5%)

I.C. § 18-1102


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 11. Bigamy and Polygamy

§ 18-1102. Exceptions to preceding section


The last section does not extend:


1. To any person by reason of any former marriage, whose husband or wife by such marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,


2. To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-1103


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 11. Bigamy and Polygamy

§ 18-1103. Punishment for bigamy


Bigamy is punishable by fine not exceeding $2,000 and by imprisonment in the state prison not exceeding three (3) years.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-1104


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 11. Bigamy and Polygamy

§ 18-1104. Marrying spouse of another


Every person who knowingly and wilfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chapter, is punishable by fine not less than $2,000, or by imprisonment in the state prison not exceeding three (3) years.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-1105


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 11. Bigamy and Polygamy

§ 18-1105. Repealed



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




Chapter 66. Sex Crimes

Tags:39 ID (0.5%)

I.C. § 18-6601


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 66. Sex Crimes

§ 18-6601. Adultery


A married man who has sexual intercourse with a woman not his wife, an unmarried man who has sexual intercourse with a married woman, a married woman who has sexual intercourse with a man not her husband, and an unmarried woman who has sexual intercourse with a married man, shall be guilty of adultery, and shall be punished by a fine of not less than $100, or by imprisonment in the county jail for not less than three months, or by imprisonment in the state penitentiary for a period not exceeding three years, or in the county jail for a period not exceeding one year, or by fine not exceeding $1000.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-6602


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 66. Sex Crimes

§ 18-6602. Incest


Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison for a term not to exceed life.



CREDIT(S)


S.L. 1972, ch. 336, § 1; S.L. 2003, ch. 202, § 1;S.L. 2006, ch. 178, § 9, eff. March 24, 2006.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013




I.C. § 18-6603


West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 66. Sex Crimes

§ 18-6603. Fornication


Any unmarried person who shall have sexual intercourse with an unmarried person of the opposite sex shall be deemed guilty of fornication, and, upon conviction thereof, shall be punished by a fine of not more than $300 or by imprisonment for not more than six months or by both such fine and imprisonment; provided, that the sentence imposed or any part thereof may be suspended with or without probation in the discretion of the court.



CREDIT(S)


S.L. 1972, ch. 336, § 1.



Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013


Chapter 9. Children

Tags:43 RI (0.3%)

West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-1. Exploitation for commercial or immoral purposes

 


(a) Every person having the custody or control of any child under the age of sixteen (16) years who shall exhibit, use, or employ, or shall in any manner or under pretense sell, give away, let out or otherwise dispose of any child under the age of sixteen (16) years to any person for or in the vocation, occupation, service, or purpose of rope or wire walking, or as a gymnast, wrestler, contortionist, equestrian performer, acrobat, or rider upon any bicycle or mechanical contrivance, or in any dancing, theatrical, or musical exhibition unless it is in connection with churches, school or private instruction in dancing or music, or unless it is under the auspices of a Rhode Island society incorporated, or organized without incorporation for a purpose authorized by § 7-6-4; or for or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets, or in begging, or in any mendicant or wandering occupation, or in peddling in places injurious to the morals of the child; or for or in the exhibition of any child with a disability, or in any illegal, obscene, indecent, or immoral purpose, exhibition, or vocation, injurious to the health or morals or dangerous to the life or limb of the child, or who shall cause, procure or encourage any child under the age of sixteen (16) years to engage in that activity, or who, after being notified by an officer mentioned in § 11-9-3 to restrain the child from engaging in that activity, shall neglect or refuse to do so, shall be held guilty of a misdemeanor and shall, for every such offense, be imprisoned not exceeding one year, or be fined not exceeding two hundred fifty dollars ($250), or both, and shall forfeit any right which he or she may have to the custody of the child; provided, that the provisions of this section shall not apply to any child, not a resident of this state, who is engaged in any dancing, theatrical, or musical performance in this state and is accompanied by a parent, guardian, or tutor, when a permit for the appearance of the child is granted by the mayor of the city or the president of the town council of the town, where the performance is to be given; provided, further, that the provisions of this section shall not apply to any child, a resident of this state, who is engaged in any dancing, theatrical, or musical performance in this state on a day when the public schools are not in session in the town or city where the dancing, theatrical or musical performance shall be given (not however on Sunday) if the child is accompanied by a parent, guardian or tutor, when a permit for the appearance of the child is granted by the mayor of the city or the president of the town council of the town where the performance is to be given.


(b) Any person who shall in any manner or under any pretense sell, distribute, let out or otherwise permit any child under eighteen (18) years of age to be used in any book, magazine, pamphlet, or other publication, or in any motion picture film, photograph or pictorial representation, in a setting which taken as a whole suggests to the average person that the child has engaged in, or is about to engage in any sexual act, which shall include, but not be limited to, sodomy, oral copulation, sexual intercourse, masturbation, or bestiality, shall, upon conviction for the first offense be punished by imprisonment for not more than ten (10) years, or a fine of not more than ten thousand dollars ($10,000), or both; upon conviction of a subsequent offense, be punished by imprisonment for not more than fifteen (15) years, a fine of not more than fifteen thousand dollars ($15,000), or both.


(c) Every person who shall exhibit, use, employ or shall in any manner or under pretense so exhibit, use, or employ any child under the age of eighteen (18) years to any person for the purpose of prostitution or for any other lewd or indecent act shall be imprisoned not exceeding twenty (20) years, or be fined not exceeding twenty thousand dollars ($20,000), or both.


CREDIT(S)


P.L. 1897, ch. 475, § 1; P.L. 1926, ch. 845, § 1; P.L. 1931, ch. 1756, § 1; P.L. 1977, ch. 131, § 1; P.L. 1978, ch. 130, § 1; P.L. 1978, ch. 210, § 1; P.L. 1984, ch. 380, § 3; P.L. 1984, ch. 444, § 1; P.L. 1999, ch. 83, § 12;P.L. 1999, ch. 130, § 12.


Codifications: G.L. 1896, ch. 115, § 4; G.L. 1909, ch. 139, § 4; G.L. 1923, ch. 142, § 4; G.L. 1938, ch. 425, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-1.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-1.1. Child nudity prohibited in publications

 


Every person, firm, association, or corporation which shall publish, sell, offer for sale, loan, give away, or otherwise distribute any book, magazine, pamphlet, or other publication, or any photograph, picture, or film which depicts any child, or children, under the age of eighteen (18) years and known to be under the age of eighteen (18) years of age by the person, firm, association, or corporation in a setting which taken as a whole suggests to the average person that the child, or children, is about to engage in or has engaged in, any sexual act, or which depicts any child under eighteen (18) years of age performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality, shall, for the first offense, be punished by imprisonment for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or both; for any subsequent offense, by imprisonment for not more than fifteen (15) years, or by a fine of not more than fifteen thousand dollars ($15,000), or both. Provided, that artistic drawings, sketches, paintings, sculptures, or other artistic renditions, shall be exempt from the provisions of this section.


CREDIT(S)


P.L. 1977, ch. 131, § 2; P.L. 1978, ch. 130, § 1; P.L. 1978, ch. 210, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-1.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-1.2. Rebuttable presumption of minority upon testimony of physician

 


Whenever any person, firm, association or corporation is charged with a violation of the provisions of this chapter, testimony by a physician, duly authorized pursuant to the provisions of § 5-37-2, that based upon the physician's examination of the book, magazine, pamphlet, or other publication, or photograph, picture, or film which allegedly depicts any child or children under the age of eighteen (18) years, the physician is of the opinion, based upon a reasonable medical certainty, that any person depicted in it is under the age of eighteen (18) years, then there shall be created a rebuttable presumption of that fact.


CREDIT(S)


P.L. 1978, ch. 130, § 1; P.L. 1978, ch. 210, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-1.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-1.3. Child pornography prohibited

 


(a) Violations. It is a violation of this section for any person to:


(1) Knowingly produce any child pornography;


(2) Knowingly mail, transport, deliver or transfer by any means, including by computer, any child pornography;


(3) Knowingly reproduce any child pornography by any means, including the computer; or


(4) Knowingly possess any book, magazine, periodical, film, videotape, computer disk, computer file or any other material that contains an image of child pornography.


(b) Penalties.


(1) Whoever violates or attempts or conspires to violate subdivisions (a)(1), (a)(2) or (a)(3) of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned for not more than fifteen (15) years, or both.


(2) Whoever violates or attempts or conspires to violate subdivision (a)(4) of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned not more than five (5) years, or both.


(c) Definitions. For purposes of this section:


(1) “Child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where:


(i) The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;


(ii) Such visual depiction is a digital image, computer image, or computer-generated image of a minor engaging in sexually explicit conduct; or


(iii) Such visual depiction has been created, adapted, or modified to display an identifiable minor engaging in sexually explicit conduct.


(2) “Computer” has the meaning given to that term in section 11-52-1;


(3) “Minor” means any person not having reached eighteen (18) years of age;


(4) “Identifiable minor.”


(i) Means a person:


(A)(I) Who was a minor at the time the visual depiction was created, adapted, or modified; or


(II) Whose image as a minor was used in creating, adapting, or modifying the visual depiction; and


(ii) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and


(B) Shall not be construed to require proof of the actual identity of the identifiable minor.


(5) “Producing” means producing, directing, manufacturing, issuing, publishing or advertising;


(6) “Sexually explicit conduct” means actual:


(i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is exhibited;


(ii) Bestiality;


(iii) Masturbation;


(iv) Sadistic or masochistic abuse; or


(v) Graphic or lascivious exhibition of the genitals or pubic area of any person;


(7) “Visual depiction” includes undeveloped film and videotape and data stored on a computer disk or by electronic means, which is capable of conversion into a visual image;


(8) “Graphic,” when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.


(d) Affirmative defenses.


(1) It shall be an affirmative defense to a charge of violating subdivision (a)(1), (a)(2), or (a)(3) of this section that:


(i) The alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and


(ii) Each such person was an adult at the time the material was produced; and


(iii) The defendant did not advertise, promote, present, describe or distribute the material in such a manner as to convey the impression that it is or contains a visual depiction of a minor engaging in sexually explicit conduct.


(2) It shall be an affirmative defense to a charge of violating subdivision (a)(4) of this section that the defendant:


(i) Possessed less than three (3) images of child pornography; and


(ii) Promptly and in good faith and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy of it:


(A) Took reasonable steps to destroy each such image; or


(B) Reported the matter to a law enforcement agency and afforded that agency access to each such image.


(e) Severability. If any provision or provisions of this section, or the application of this section to any person or circumstance is held invalid by a court of competent authority, that invalidity does not affect other provisions or applications of this section which can be given effect without that invalid provision or provisions or application of the provision or provisions, and to this end the provisions of this section are declared to be separable and severable.


CREDIT(S)


P.L. 2001, ch. 143, § 1;P.L. 2004, ch. 586, § 2;P.L. 2004, ch. 612, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-1.4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-1.4. Minor electronically disseminating indecent material to another person--“Sexting” prohibited

 


(a) Definitions as used in this section:


(1) “Minor” means any person not having reached eighteen (18) years of age;


(2) “Computer” has the meaning given to that term in § 11-52-1;


(3) “Telecommunication device” means an analog or digital electronic device which processes data, telephony, video, or sound transmission as part of any system involved in the sending and/

 
or receiving at a distance of voice, sound, data, and/
 
or video transmissions;

(4) “Indecent visual depiction” means any digital image or digital video of the minor engaging in sexually explicit conduct, and includes data stored on any computer, telecommunication device, or other electronic storage media which is capable of conversion into a visual image;


(5) “Sexually explicit conduct” means actual masturbation or graphic focus on or lascivious exhibition of the nude genitals or pubic area of the minor.


(b) No minor shall knowingly and voluntarily and without threat or coercion use a computer or telecommunication device to transmit an indecent visual depiction of himself or herself to another person.


(c) A violation of this section shall be a status offense and referred to the family court.


(d) Any minor adjudicated under subsection (b) shall not be charged under § 11-9-1.3 and, further, shall not be subject to sex offender registration requirements set forth in § 11-37.1-1 et seq., entitled “Sexual Offender Registration and Community Notification Act.”


CREDIT(S)


P.L. 2011, ch. 270, § 1, eff. July 12, 2011; P.L. 2011, ch. 295, § 1, eff. July 12, 2011; P.L. 2012, ch. 415, § 1, eff. June 22, 2012.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-2. Employment of children for unlawful purposes

 


Every person who shall take, receive, hire, employ, exhibit, or have in custody, or who shall cause to be taken, hired, employed, exhibited, or held in custody, any child under the age of sixteen (16) years, for any of the purposes prohibited in § 11-9-1, shall be held guilty of a misdemeanor, and shall be punished for every such offense in the manner provided in that section.


CREDIT(S)


P.L. 1897, ch. 475, § 2; P.L. 1926, ch. 844, § 1.


Codifications: G.L. 1896, ch. 15, § 5; G.L. 1909, ch. 139, § 5; G.L. 1923, ch. 142, § 5; G.L. 1938, ch. 425, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-3. Seizure and custody of exploited child--Proceedings as against neglected child

 


The town sergeant of any town, the chief of police of any city, or any agent of the director of children, youth and families may enter any place where any child may be held, detained, or employed in violation of §§ 11-9-1--11-9-8, and without process of law, seize and detain the child and hold him or her as a witness to testify upon the trial of any person charged with violating the provisions of §§ 11-9-1--11-9-8; and, if prior to or upon conviction of the offender no person shall appear who is entitled to custody of the child, the officer having the child in custody may bring proceedings against the child as a neglected child under the provisions of chapter 1 of title 14.


CREDIT(S)


P.L. 1897, ch. 475, § 3; P.L. 1926, ch. 844, § 1; P.L. 1950, ch. 2416, § 3; P.L. 1969, ch. 242, § 1.


Codifications: G.L. 1896, ch. 115, § 6; G.L. 1909, ch. 139, § 6; G.L. 1923, ch. 142, § 6; G.L. 1938, ch. 425, § 3.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-4. Contributing to delinquency

 


Every person who knowingly or willfully encourages, aids, contributes to, or in any way causes any child under the age of sixteen (16) years to violate any law of this state, or the ordinances of any town or city in this state, or who knowingly or willfully encourages, aids, contributes to, or in any way causes any child under the age of sixteen (16) years to be guilty of any vicious or immoral conduct, or who, being the parent, parents, legal guardian, or person having the custody or the control of any such child, permits or suffers the child to habitually associate with vicious, immoral, or criminal persons, or to grow up in ignorance, idleness, or crime, or to wander about the streets of any city or town in the nighttime without being in any lawful business or occupation, or to enter any house of ill fame, policy shop, or place where any gambling is carried on or gaming device is operated, or to enter any place where intoxicating liquors are sold, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding one year.


CREDIT(S)


P.L. 1908, ch. 1544, § 1; P.L. 1926, ch. 844, § 1.


Codifications: G.L. 1909, ch. 139, § 9; G.L. 1923, ch. 142, § 9; G.L. 1938, ch. 425, § 6.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-5. Cruelty to or neglect of child

 


(a) Every person having the custody or control of any child under the age of eighteen (18) years who shall abandon that child, or who shall treat the child with gross or habitual cruelty, or who shall wrongfully cause or permit that child to be an habitual sufferer for want of food, clothing, proper care, or oversight, or who shall use or permit the use of that child for any wanton, cruel, or improper purpose, or who shall compel, cause, or permit that child to do any wanton or wrongful act, or who shall cause or permit the home of that child to be the resort of lewd, drunken, wanton, or dissolute persons, or who by reason of neglect, cruelty, drunkenness, or depravity, shall render the home of that child a place in which it is unfit for that child to live, or who shall neglect or refuse to pay the reasonable charges for the support of that child, whenever the child shall be placed by him or her in the custody of, or be assigned by any court to, any individual, association, or corporation, shall be guilty of a felony and shall for every such offense be imprisoned for not less than one year nor more than three (3) years, or be fined not exceeding one thousand dollars ($1,000), or both, and the child may be proceeded against as a neglected child under the provisions of chapter 1 of title 14.


(b) In addition to any penalty provided in this section, any person convicted or placed on probation for this offense may be required to receive psychosociological counseling in child growth, care and development as a part of that sentence or probation. For purposes of this section, and in accordance with § 40-11-15, a parent or guardian practicing his or her religious beliefs which differ from general community standards who does not provide specified medical treatment for a child shall not, for that reason alone, be considered an abusive or negligent parent or guardian; provided, the provisions of this section shall not: (1) exempt a parent or guardian from having committed the offense of cruelty or neglect if the child is harmed under the provisions of (a) above; (2) exempt the department from the provisions of § 40-11-5; or (3) prohibit the department from filing a petition, pursuant to the provisions of § 40-11-15, for medical services for a child, where his or her health requires it.


CREDIT(S)


P.L. 1910, ch. 550, § 1; P.L. 1922, ch. 2214, § 1; P.L. 1926, ch. 844, § 1; P.L. 1977, ch. 128, § 1; P.L. 1979, ch. 129, § 1; P.L. 1996, ch. 155, § 1;P.L. 1998, ch. 439, § 1;P.L. 2004, ch. 270, § 2;P.L. 2004, ch. 599, § 2.


Codifications: G.L. 1909, ch. 139, § 10; G.L. 1923, ch. 142, § 10; G.L. 1938, ch. 425, § 7.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-5.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-5.1. Investigation upon report of cruelty or neglect

 


In order to protect a child from cruelty or neglect, where any person has reasonable cause to believe that any child is being neglected or cruelly treated as defined in § 14-1-3 and reports such incident to the department of children, youth, and families, the department must cause an immediate investigation.


CREDIT(S)


P.L. 1975, ch. 199, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-5.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-5.2. Immunity from liability

 


Any person participating in good faith in the making of a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from a report.


CREDIT(S)


P.L. 1975, ch. 199, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-5.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-5.3. Child abuse--Brendan's Law

 


(a) This section shall be known and may be referred to as “Brendan's Law”.


(b) Whenever a person having care of a child, as defined by § 40-11-2(2), whether assumed voluntarily or because of a legal obligation, including any instance where a child has been placed by his or her parents, caretaker, or licensed or governmental child placement agency for care or treatment, knowingly or intentionally:


(1) Inflicts upon a child serious bodily injury, shall be guilty of first degree child abuse.


(2) Inflicts upon a child any other physical injury, shall be guilty of second degree child abuse.


(c) For the purposes of this section, “serious bodily injury” means physical injury that:


(1) Creates a substantial risk of death;


(2) Causes protracted loss or impairment of the function of any bodily parts, member or organ, including any fractures of any bones;


(3) Causes serious disfigurement; or


(4) Evidences subdural hematoma, intercranial hemorrhage and/

 
or retinal hemorrhages as signs of “shaken baby syndrome” and/
 
or “abusive head trauma.”

(d) For the purpose of this section, “other physical injury” is defined as any injury, other than a serious bodily injury, which arises other than from the imposition of nonexcessive corporal punishment.


(e) Any person who commits first degree child abuse shall be imprisoned for not more than twenty (20) years, nor less than ten (10) years and fined not more than ten thousand dollars ($10,000). Any person who is convicted of second degree child abuse shall be imprisoned for not more than ten (10) years, nor less than five (5) years and fined not more than five thousand dollars ($5,000).


(f) Any person who commits first degree child abuse on a child age five (5) or under shall not on the first ten (10) years of his or her sentence be afforded the benefit of suspension or deferment of sentence nor of probation for penalties provided in this section; and provided further, that the court shall order the defendant to serve a minimum of eight and one-half (8    1/

 
2 ) years or more of the sentence before he or she becomes eligible for parole.

(g) Any person who has been previously convicted of first or second degree child abuse under this section and thereafter commits first degree child abuse shall be imprisoned for not more than forty (40) years, nor less than twenty (20) years and fined not more than twenty thousand ($20,000) dollars and shall be subject to subsection (f) of this section if applicable. Any person who has been previously convicted of first or second degree child abuse under this section and thereafter commits second degree child abuse shall be imprisoned for not more than twenty (20) years, nor less than ten (10) years and fined not more than ten thousand ($10,000) dollars.


CREDIT(S)


P.L. 1995, ch. 211, § 1;P.L. 1996, ch. 130, § 1;P.L. 1996, ch. 134, § 1;P.L. 1997, ch. 139, § 1;P.L. 2001, ch. 109, § 1; P.L. 2011, ch. 271, § 1, eff. July 12, 2011; P.L. 2011, ch. 318, § 1, eff. July 12, 2011.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-6. Proceedings against parents of delinquent children unaffected

 


No proceedings instituted under any of the provisions of §§ 11-9-1--11-9-8 shall in any manner affect or be affected by any proceedings which may be instituted under any of the provisions of chapter 9 of title 15.


CREDIT(S)


P.L. 1910, ch. 550, § 1; P.L. 1926, ch. 844, § 1.


Codifications: G.L. 1909, ch. 139, § 11; G.L. 1923, ch. 142, § 11; G.L. 1938, ch. 425, § 8.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-7. Children's Friend and Service excused from costs

 


Whenever any agent of the Children's Friend and Service shall make complaint against any person for any of the offenses mentioned in §§ 11-9-1 - 11-9-8, the agent shall not be required to enter into any recognizance for costs. All costs and expenses attending the making of any complaint by any agent of the service and the proceedings on it under the provisions of §§ 11-9-1 - 11-9-8, or under the provisions of chapter 1 of title 14, shall be paid by the state.


CREDIT(S)


P.L. 1897, ch. 475, § 4; P.L. 1908, ch. 1540, § 4; P.L. 1926, ch. 844, § 1; P.L. 1950, ch. 2416, § 3.


Codifications: G.L. 1896, ch. 115, § 7; G.L. 1909, ch. 139, § 7; G.L. 1923, ch. 142, § 7; G.L. 1938, ch. 425, § 4.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-8. Appropriations for prevention of cruelty to children

 


The general assembly shall annually appropriate any sum that it may deem necessary, out of any money in the treasury not otherwise appropriated, to be expended by the department of children, youth and families for the purpose of preventing cruelty to children, and the department may, in its discretion, pay the sum to the Children's Friend and Service for that purpose, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much of it as may be required upon receipt by the state controller of proper vouchers approved by the director of the department.


CREDIT(S)


P.L. 1923, ch. 431, § 2; P.L. 1926, ch. 844, § 1; P.L. 1929, ch. 1374, § 4; P.L. 1939, ch. 660, §§ 65, 80; P.L. 1950, ch. 2416, § 3.


Codifications: G.L. 1896, ch. 115, § 8; G.L. 1909, ch. 139, § 8; G.L. 1923, ch. 142, § 8; G.L. 1938, ch. 425, § 5.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-9. Powers of family court

 


Where in §§ 11-9-1 -- 11-9-8 any authority is vested in any court, the authority vested in the court or courts mentioned is transferred to the family court. The family court shall have exclusive original jurisdiction over any and all complaints and offenses set forth in §§ 11-9-1 -- 11-9-8, 11-9-12, 11-9-14, and 11-9-15, and shall have the authority to impose sentence as set forth in chapter 1 of title 14. Notwithstanding the provisions of this section, jurisdiction for violations of §§ 11-9-1, 11-9-1.1, 11-9-1.2, 11-9-1.3, 11-9-5.3 shall be vested in the superior court.


CREDIT(S)


P.L. 1944, ch. 1441, § 36; P.L. 1961, ch. 73, § 4; P.L. 2004, ch. 586, § 2;P.L. 2004, ch. 612, § 2; P.L. 2006, ch. 260, § 1, eff. July 3, 2006; P.L. 2006, ch. 290, § 1, eff. July 3, 2006.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-10. Abandonment of refrigerator in place accessible to children

 


Whoever, having been the owner of any refrigerator, icebox, chest, or other similar article, abandons that refrigerator, icebox, chest, or other similar article in any place accessible to children if the abandoned unit has an attached lid or door which cannot be opened easily from the inside, and who fails to remove the door or doors from it before abandoning the unit, unless the unit may be easily opened from the inside, shall upon conviction be punished by a fine of not more than one hundred dollars ($100).


CREDIT(S)


P.L. 1955, ch. 3523, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-11. Designation of curfew streets

 


The police commissioners of any city or town having a police commission, and the chief of police of any other city or town, may designate certain streets in the city or town as curfew streets. No minor under sixteen (16) years of age shall be allowed to loiter on any curfew street after 9 o'clock (9:00) p.m., unless accompanied by some adult person.


CREDIT(S)


P.L. 1911, ch. 718, § 1.


Codifications: G.L. 1923, ch. 399, § 43; G.L. 1938, ch. 610, § 43.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-12. Penalty for loitering on curfew street

 


Any minor under sixteen (16) years of age, not accompanied by an adult person, who shall loiter on any curfew street after being directed by any police constable to cease loitering, shall be fined not exceeding five dollars ($5.00).


CREDIT(S)


P.L. 1911, ch. 718, § 2.


Codifications: G.L. 1923, ch. 399, § 44; G.L. 1938, ch. 610, § 44.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13. Purchase, sale or delivery of tobacco products to persons under eighteen--Posting notice of law

 


No person under eighteen (18) years of age shall purchase, nor shall any person sell, give or deliver to any person under eighteen (18) years of age, any tobacco in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as “blunts”, unflavored “blunts”, flavored and unflavored blunt wraps, cigarette rolling papers of any size or composition, cigarillos, and tiparillos, pipe tobacco, chewing tobacco, or snuff. Any person, firm, or corporation that owns, manages, or operates a place of business in which tobacco products are sold, including sales through cigarette vending machines, shall post notice of this law conspicuously in the place of business in letters at least three-eighths of an inch (   3/

 
8 ”) high.

CREDIT(S)


P.L. 1987, ch. 84, § 1; P.L. 1988, ch. 159, § 1; P.L. 1996, ch. 321, § 2; P.L. 2001, ch. 124, § 1; P.L. 2001, ch. 149, § 1; P.L. 2011, ch. 88, § 1, eff. June 21, 2011; P.L. 2011, ch. 98, § 1, eff. June 21, 2011.


Codifications: G.L. 1896, ch. 281, § 28; G.L. 1909, ch. 347, § 29; G.L. 1923, ch. 399, § 28; G.L. 1938, ch. 610, § 28.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.1. Cigarette and tobacco vending machines

 


(a) No cigarettes nor any other tobacco product shall be sold from any device or vending machine which is in an area not continuously supervised and in direct line of sight of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located, nor shall any tobacco product be sold from any device or vending machine which is in an area supervised by such an authorized person unless the device or vending machine is equipped with an electronic locking device which will not allow the device or vending machine to dispense a pack of cigarettes, or any other tobacco product, unless it is electronically unlocked from a secured position inaccessible to the public and under the supervision of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located. “Direct line of sight” means that the vending machine and the purchaser of cigarettes must be visible to the authorized person pressing the unlock button while the unlock button is being activated. Provided, a locking device shall not be required in an establishment licensed to sell alcoholic beverages which limits access to persons over the age of twenty-one (21) years.


(b) No cigarettes nor any other tobacco product shall be sold from any device or vending machine from which non-tobacco products are sold.


(c) No cigarettes shall be sold in packs which contain less than twenty (20) cigarettes.


(d) Any person, firm, or corporation who owns a business occupying the premises in which a device or vending machine which dispenses cigarettes or any other tobacco product is located who shall violate any of the provisions of subsections (a) and (b) of this section shall for the first offense be subject to a fine of seventy-five dollars ($75.00), for the second offense, be subject to a fine of one hundred fifty dollars ($150), and for the third and any subsequent offense, be subject to a fine of five hundred dollars ($500); provided, that in the event that there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as the first offense.


(e) Any person, firm or corporation who shall violate subsection (c) of this section shall for the first offense be subject to a fine of seventy-five dollars ($75.00), for the second offense, be subject to a fine of one hundred fifty dollars ($150), and for the third and any subsequent offense, be subject to a fine of five hundred dollars ($500); provided, that in the event that there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as the first offense.


(f) One-half (   1/

 
2 ) of all the fines collected pursuant to this section shall be transferred to the municipalities in which the citations originated. One-half (   1/
 
2 ) of all the fines collected pursuant to this section shall be transferred to the general fund.

(g) Severability. If any provision of this section or the application of it to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this section, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.


CREDIT(S)


P.L. 1995, ch. 77, § 1;P.L. 2001, ch. 120, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.2. Short title

 


Sections 11-9-13.2--11-9-13.19 shall be cited as “An Act to Stop the Illegal Sale of Tobacco Products to Children”.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.3. Legislative intent--Purpose

 


(a) The use of tobacco by Rhode Island children is a health and substance abuse problem of the utmost severity. The legislature finds that tobacco product usage by children in Rhode Island is rampant and increasing with over thirty percent (30%) of high school students smoking. The present law prohibiting the sale of tobacco to children is being ignored by many retailers. Rhode Island tobacco retailers illegally sell four million eight hundred thousand (4,800,000) packs, over eleven million dollars ($11,000,000) in tobacco product sales, to children annually. Tobacco industry advertising targets children as the replacement smokers for the one thousand one hundred forty-five (1,145) adults who die daily from tobacco product usage. Approximately seventy percent (70%) of the Rhode Island high school seniors who are smoking today will be the addicted adult smokers of tomorrow. According to the federal Centers for Disease Control and Prevention (CDC), smoking-related direct medical costs in Rhode Island in 1990 climbed to one hundred eighty-six million dollars ($186,000,000). This is an ongoing, escalating financial burden borne by every business, large and small, and every person, smoker and nonsmoker, in Rhode Island. This is a health and economic drain created by each new generation of children who begin using tobacco products and become addicted to nicotine. It is the intent of this legislation to preserve and protect the health of children by: (1) stopping the illegal sale of tobacco to children, and (2) by severely punishing those who disregard the laws relating to the illegal sale of tobacco products to children.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.4. Definitions

 


As used in this chapter:


(1) “Bidi cigarette” means any product that (i) contains tobacco that is wrapped in temburni or tender leaf or that is wrapped in any other material identified by rules of the Department of Health that is similar in appearance or characteristics to the temburni or tender leaf and (ii) does not contain a smoke filtering device.


(2) “Court” means any appropriate district court of the state of Rhode Island.


(3) “Dealer” is synonymous with the term “retail tobacco products dealer”.


(4) “Department of mental health, retardation and hospitals” means the state of Rhode Island mental health, retardation and hospitals department, its employees, agents or assigns.


(5) “Department of taxation” means the state of Rhode Island taxation division, its employees, agents, or assigns.


(6) “License” is synonymous with the term “retail tobacco products dealer license.”


(7) “License holder” is synonymous with the term “retail tobacco products dealer.”


(8) “Person” means any individual person, firm, association, or corporation licensed as a retail dealer to sell tobacco products within the state.


(9) “Retail tobacco products dealer” means the holder of a license to sell tobacco products at retail.


(10) “Retail tobacco products dealer license” means a license to sell tobacco products at retail as issued by the department of taxation.


(11) “Spitting tobacco” also means snuff, powdered tobacco, chewing tobacco, dipping tobacco, pouch tobacco or smokeless tobacco.


(12) “Tobacco product(s)” means any product containing tobacco, including bidi cigarettes, as defined in subdivision (1) of this section, which can be used for, but whose use is not limited to, smoking, sniffing, chewing or spitting of the product.


(13) “Underage individual” or “underage individuals” means any child under the age of eighteen (18) years of age.


(14) “Little cigars” means and includes any roll, made wholly or in part of tobacco, irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three (3) pounds per thousand (1,000).


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2001, ch. 124, § 1;P.L. 2001, ch. 149, § 1;P.L. 2001, ch. 391, § 1; P.L. 2008, ch. 104, § 3, eff. June 27, 2008.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.5


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.5. Responsibility for tobacco or health issues

 


The Rhode Island department of mental health, retardation and hospitals shall develop, monitor, and aggressively enforce health rules and regulations pertaining to stopping the illegal sale of tobacco products to children.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2001, ch. 391, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.6


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.6. Duties of the department of mental health, retardation and hospitals

 


The department of mental health, retardation and hospitals shall:


(1) Coordinate and promote the enforcement of the provisions of this chapter and serve as the primary liaison from this department to other state or local agencies, departments, or divisions on issues pertaining to stopping children's access to tobacco.


(2) Provide retail tobacco products dealers signs concerning the prohibition of sales to children under eighteen (18) years of age. The signs, conforming to the requirements of this chapter, shall be sold at cost. This sign, or an exact duplicate of it made privately, shall be displayed in all locations where tobacco products are sold.


(3) Investigate concurrently with other state and local officials violations of this chapter.


(4)(i) Utilize unannounced statewide compliance checks of tobacco product sales including retail tobacco over-the-counter sales, mail order sales initiated via mail, facsimile, telephone or internet ordering or other types of electronic communications, and tobacco vending machine sales as part of investigating compliance with the provisions of this chapter. Underage individuals, acting as agents for the department of mental health, retardation and hospitals and with the written permission of a parent or guardian, may purchase, with impunity from prosecution, tobacco products for the purposes of law enforcement or government research involving monitoring compliance with this chapter, provided that the underage individuals are supervised by an adult law enforcement official. Any individual participating in an unannounced compliance check of over-the-counter or vending machine sales, must state his or her accurate age if asked by the sales representative of the retail establishment being checked.


(ii) In fulfilling the requirement of unannounced statewide compliance checks, the department of mental health, retardation and hospitals shall maintain complete records of the unannounced compliance checks, detailing, at least, the date of the compliance check, the name and address of the retail establishment checked or the mail order company, the results of the compliance check (sale/

 
no sale), whether the sale was made as an over-the-counter sale, a mail order purchase or a tobacco vending machine sale, and if a citation was issued for any violation found. The records shall be subject to public disclosure. Further, the department of mental health, retardation and hospitals shall report to the owner of each retail establishment checked or mail order company, the results of any compliance check (sale/
 
no sale) whether the sale was made as an over-the-counter sale, a mail order purchase or a tobacco vending machine sale, and if a citation was issued for any violation found.

(5) Seek enforcement, concurrently with other state and local officials, of the penalties as detailed in this chapter.


(6) Develop and disseminate community health education information and materials relating to this chapter.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2000, ch. 210, § 1;P.L. 2001, ch. 391, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.7


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.7. Signs concerning sales to individuals under age eighteen (18)

 


Signs provided by the department of mental health, retardation and hospitals, or an exact duplicate of it made privately, shall:


(1) Contain in red bold lettering a minimum of three-eighths (3/

 
8") inch high on a white background the following wording:

THE SALE OF CIGARETTES AND OTHER TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 IS AGAINST RHODE ISLAND LAW (Section 11-9-13.8(1), Rhode Island Statutes) PHOTO ID FOR PROOF OF AGE IS REQUIRED FOR PURCHASE.


(2) Contain the phone number at the department of mental health, retardation and hospitals, where violations of §§ 11-9-13.2 - 11-9-13.19 can be reported, in addition to any other information required by the department of mental health, retardation and hospitals.


(3) Be displayed prominently for public view at each cash register, each tobacco vending machine, or any other place from which tobacco products are sold.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2001, ch. 391, § 1.


Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.8


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.8. Prohibitions applicable to license holders and their employees and agents

 


A person that holds a license issued under chapter 20 of title 44, or an employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco product:


(1) To any individual that is under eighteen (18) years of age; or


(2) In any form other than an original factory-wrapped package; or


(3) As a single cigarette sale (§ 44-20-31), or as a sale of cigarettes by the individual piece, known as “loosies.”


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.9


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.9. Multiple citations prohibited

 


No person shall be liable under this chapter for more than one citation on any one day. However, a single citation may list one or more violations of this chapter.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.10


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.10. Prohibition on the distribution of free tobacco products

 


The distribution of free tobacco products or coupons or vouchers redeemable for free tobacco products to any person under eighteen (18) years of age shall be prohibited. Further, the distribution of free tobacco products or coupons or vouchers redeemable for free tobacco products shall be prohibited, regardless of the age of the person to whom the products, coupons, or vouchers are distributed, within five hundred (500) feet of any school. The attorney general shall bring an action for any violation of this section. Every separate free tobacco product or coupon or voucher redeemable for a free tobacco product in violation of this section shall constitute a separate offense subject to a fine of five hundred dollars ($500). The penalty shall be assessed against the business or individual responsible for initiating the Rhode Island distribution of the free tobacco products or coupons or vouchers redeemable for free tobacco products.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.11


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.11. Prohibition on the sale or distribution of tobacco products through the mail conveyance of tobacco products through the mail to children under eighteen (18)--Proof of age of purchaser required--General rule

 


(a) The distribution, or sale or conveyance of tobacco products to children under the age of eighteen (18) via the United States Postal Service, or by any other public or private postal or package delivery service, shall be prohibited.


(b) Any person selling or distributing tobacco products in the form of cigars, pipe tobacco, chewing tobacco, or snuff directly to a consumer via the United States Postal Service, or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco product through any of these means, receive both a copy of a valid form of government identification showing date of birth to verify the purchaser is age eighteen (18) years or over and an attestation from the purchaser certifying that the information on the government identification truly and correctly identifies the purchaser and the purchaser's current address, and (2) deliver the tobacco product to the address of the purchaser given on the valid form of government identification and by a postal or package delivery service method that either limits delivery to that purchaser and requires the purchaser to sign personally to receive the delivery or requires a signature of an adult at the purchaser's address to deliver the package.


(c) The attorney general shall bring an action for any violation of this chapter. Any distribution, or sale or conveyance of a tobacco product to a child under eighteen (18) years of age via the United States Postal Service, or by any other public or private postal or package delivery service, shall be subject to an action against the distributor, or seller or conveyor by the attorney general of the state of Rhode Island. A minimum fine of one thousand dollars ($1,000) shall be assessed against any distributor, or seller or conveyor convicted of distributing, or selling or conveying tobacco products via the United States postal service, or by any other public or private postal or package delivery service, for each delivery, or sale or conveyance of a tobacco product to a child under eighteen (18) years of age.


(d) For the purpose of this section, “distribution,” “distributing,” “selling” and “sale” do not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's contents.


(e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter 20.1 of title 44. The provisions of this section shall apply to each tobacco product listed in subsection (b) herein, but shall not apply to any delivery sale of cigarettes.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2000, ch. 210, § 1;P.L. 2005, ch. 346, § 1;P.L. 2005, ch. 392, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.12


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.12. Enforcement and penalties--Citation for violation

 


(a) Any local or state of Rhode Island police department or the attorney general, their officers or agents, shall issue a citation for any violation of the requirements or prohibitions of this chapter.


(b) The license holder receiving the citation may elect to plead guilty to the violation(s) and pay the fine(s) through the mail within ten (10) days, or appear in court to answer to the citation.


(c) All recipients of third and subsequent citations within any thirty-six (36) month period shall appear in court for a hearing on the citation.


(d) The failure of a license holder to either pay the citation through the mail within ten (10) days, where permitted under this section, or to appear in court on the date specified shall be cause for the court to hold the license holder in contempt of court with the penalty assessed a suspension of license for six (6) months and a five hundred dollar ($500) fine.


(e) The court shall impose court costs and any other court fee(s) on anyone convicted in court of a violation of this section.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.13


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.13. Nature and size of penalties

 


(a) Any person or individual that violates a requirement of § 11-9-13.6(2), display of specific signage, shall be subject to a fine in court of not less than thirty-five dollars ($35.00) nor more than five hundred dollars ($500) per civil violation.


(b) The license holder is responsible for all violations of this section that occur at the location for which the license is issued. Any license holder that violates the prohibition of § 11-9-13.8(1) and/

 
or (2) shall be subject to civil fines as follows:

(1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six (36) month period;


(2) A fine of five hundred dollars ($500) for the second violation within any thirty-six (36) month period;


(3) A fine of one thousand dollars ($1,000) and a fourteen (14) day suspension of the license to sell tobacco products for the third violation within any thirty-six (36) month period;


(4) A fine of one thousand five hundred dollars ($1,500) and a ninety (90) day suspension of the license to sell tobacco products for each violation in excess of three (3).


(c) Any person that violates a prohibition of § 11-9-13.8(3), sale of single cigarettes; § 11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a penalty of five hundred dollars ($500) for each violation.


(d) The department of taxation shall not issue a license to any individual, business, firm, association, or corporation the license of which has been revoked or suspended, to any corporation an officer of which has had his or her license revoked or suspended, or to any individual who is or has been an officer of a corporation the license of which has been revoked or suspended so long as such revocations or suspensions are in effect.


(e) The court shall suspend the imposition of a license suspension of the license secured from the Rhode Island tax administrator for violation of subdivisions (b)(3) and (b)(4) of this section if the court finds that the license holder has taken measures to prevent the sale of tobacco to minors and the license holder can demonstrate to the court that those measures have been taken and that employees have received training. No person shall sell tobacco products, at retail, without first being trained in the legal sale of tobacco products. Training shall teach employees what constitutes a tobacco product, legal age of purchase, acceptable identification, how to refuse a direct sale to a minor or secondary sale to an adult, and all applicable laws on tobacco sales and distribution. Dealers shall maintain records indicating that the provisions of this section were reviewed with all employees who conduct or will conduct tobacco sales. Each employee who sells or will sell tobacco products shall sign an acknowledgement form attesting that the provisions of this section were reviewed with him/

 
her. Each form shall be maintained by the retailer for as long as the employee is so employed and for no less than one year after termination of employment. The measures to prevent the sale of tobacco to minors shall be defined by the department of mental health, retardation and hospitals in rules and regulations.

CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2000, ch. 103, § 1;P.L. 2000, ch. 366, § 1;P.L. 2001, ch. 391, § 1;P.L. 2005, ch. 336, § 1;P.L. 2005, ch. 386, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.14. Notification to the Department of Taxation of fines imposed

 


The court shall maintain records of any penalty, fine or suspension imposed under this chapter and notify within sixty (60) days the tax administrator of the penalty, fine or suspension imposed.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.15. Penalty for operating without a dealer license

 


(a) Any individual or business who violates this chapter by selling or conveying a tobacco product without a retail tobacco products dealer license shall be cited for that violation and shall be required to appear in court for a hearing on the citation.


(b) Any individual or business cited for a violation under this section of this chapter shall:


(1) Either post a five hundred dollar ($500) bond with the court within ten (10) days of the citation; or


(2) Sign and accept the citation indicating a promise to appear in court.


(c) An individual or business who has accepted the citation may:


(1) Pay the five hundred dollar ($500) fine, either by mail or in person, within ten (10) days after receiving the citation; or


(2) If that individual or business has posted a bond, forfeit the bond by not appearing at the scheduled hearing. If the individual or business cited pays the five hundred dollar ($500) fine or forfeits the bond, that individual or business is deemed to have admitted the cited violation and to have waived the right to a hearing on the issue of commission on the violation.


(d) The court after a hearing on a citation shall make a determination as to whether a violation has been committed. If it is established that the violation did occur, the court shall impose a five hundred dollar ($500) fine, in addition to any court costs or other court fees.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.16. Rules and regulations

 


The department of mental health, retardation and hospitals shall promulgate the rules and regulations necessary to fulfill the intent of sections 11-9-13.2--11-9-13.19.


CREDIT(S)


P.L. 1996, ch. 321, § 1;P.L. 2000, ch. 109, § 5;P.L. 2001, ch. 391, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.17. Fines collected

 


(a) One-half (   1/

 
2 ) of all the fines collected pursuant to §§ 11-9-13.2--11-9-13-19 shall be transferred to the municipalities in which the citation originated.

(b) One-half (   1/

 
2 ) of all the fines collected pursuant to §§11-9-13.2--11-9-13.19 shall be transferred to the general fund.

CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.18. Prohibition on the sale or distribution of certain excise tax stamps

 


The division of taxation shall not sell or distribute cigarette excise tax stamps, or permit the use of a metering machine as described in § 44-20-20 for any cigarette product packaged with less than twenty (20) cigarettes per package. The sale or distribution of cigarettes in packages of less than twenty (20) is prohibited.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-13.19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-13.19. Severability

 


If any provision of this chapter or the application of it to any individual or circumstances is held invalid in a court test, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.


CREDIT(S)


P.L. 1996, ch. 321, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-14


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-14. Use of tobacco by minors

 


No person under eighteen (18) years of age shall smoke or chew or possess when such possession is clearly visible tobacco in any public street, place or resort, any tobacco in any form whatsoever. Any person under eighteen (18) years of age violating the provisions of this section shall be required to perform up to thirty (30) hours of community service or shall be required to enter into a tobacco treatment program approved by any local substance abuse prevention task force, at the option of a minor charged with a violation of this section.


CREDIT(S)


P.L. 2001, ch. 124, § 1;P.L. 2001, ch. 148, § 1;P.L. 2001, ch. 149, § 1;P.L. 2005, ch. 251, § 1; P.L. 2007, ch. 426, § 1, eff. July 7, 2007.


Codifications: G.L. 1896, ch. 281, § 29; G.L. 1909, ch. 347, § 30; G.L. 1923, ch. 399, § 29; G.L. 1938, ch. 610, § 29.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-15


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-15. Tattooing of minors

 


Every person who shall tattoo any minor under the age of eighteen (18) shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned not exceeding one year or be fined not exceeding three hundred dollars ($300). For purposes of this section, “tattooing” means the practice of marking the skin with indelible patterns or pictures by making punctures and inserting pigments. Nothing in this section shall be construed as prohibiting the removal of tattoo markings from the body of any person of whatsoever age.


CREDIT(S)


P.L. 1932, ch. 1922, § 1; P.L. 1956, ch. 3713, § 1.


Codifications: G.L. 1923, ch. 399, § 45; G.L. 1938, ch. 610, § 45.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-16


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-16. Plastic bags--Labeling

 


(a) “Plastic bag” means a polyethylene bag, other than one used for food products that weighing not more than five pounds, intended for household use or for packaging articles intended for household use, which is larger than 5 inches (5") in diameter at the opened end, and is made of thin film less than 1 mil (0.001 inch) in thickness (according to standards established under the commodity standards division of the United States department of commerce).


(b) No person shall package, deliver, or sell any article for use in or around the household in a plastic bag, or shall sell or distribute any plastic bag for use in or around the household, unless the bag bears a warning against the hazard of suffocation by children in the following or substantially equivalent wording:


“Keep from children--may cause suffocation”


“WARNING: Keep this bag away from babies and children. Do not use in cribs, beds, carriages, or playpens. The thin film may cling to nose and mouth and prevent breathing.”


(c) The warning shall be printed on, attached to, or accompany each bag; provided, that it shall be permissible to print the warning on the outside wrapper of packages of bags intended only for home processing use, such as freezer bags and garbage disposal bags, in lieu of on each individual bag. The warning shall be conspicuously displayed in bold face type, in accordance with the following table:


Total of the length and width of the bag, combined:


 

 

60 inches or more

24 points

 

 

40 inches, but less than 60 inches

18 points

 

 

30 inches, but less than 40 inches

14 points

 

 

Less than 30 inches

10 points

(d) Any person who shall violate the provisions of this section shall upon conviction be fined not exceeding one hundred dollars ($100).


CREDIT(S)


P.L. 1959, ch. 82, § 1; P.L. 1960, ch. 171, § 1.


Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-17


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-17. Sterilization

 


Every person who performs or aids and abets in the performance of a sterilization procedure on any person under the age of eighteen (18), unless the sterilization is incidental to, or is rendered necessary or unavoidable by, some other medical treatment or procedure required to preserve the life or health of that person, shall be guilty of a felony punishable by up to five (5) years imprisonment and a fine of up to five thousand dollars ($5,000), or both.


CREDIT(S)


P.L. 1974, ch. 187, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-18


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-18. Care of babies born alive during attempted abortions

 


Any physician, nurse, or other licensed medical person who knowingly and intentionally fails to provide reasonable medical care and treatment to an infant born alive in the course of an abortion shall be guilty of a felony and upon conviction shall be fined not exceeding five thousand dollars ($5,000), or imprisoned not exceeding five (5) years, or both. Any physician, nurse, or other licensed medical person who knowingly and intentionally fails to provide reasonable medical care and treatment to an infant born alive in the course of an abortion, and, as a result of that failure, the infant dies, shall be guilty of the crime of manslaughter.


CREDIT(S)


P.L. 1981, ch. 280, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-19


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-19. Sale of spray paint to minors

 


(a) No person shall knowingly sell to any child under eighteen (18) years of age any aerosol container of paint capable of defacing property.


(b) For purposes of this section, bona fide evidence of majority, identity of majority and identity of the person is a document issued by a federal, state, county, or municipal government, or subdivision or agency of them, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, 50 App. U.S.C. § 451 et seq., or an identification card issued to a member of the armed forces.


(c) Proof that the defendant, or his employee or agent, demanded, was shown and acted in reliance upon bona fide evidence in any sale transaction forbidden by subsection (a) of this section, shall be a defense to any criminal prosecution for that violation.


(d) Any person who owns, manages or operates a place of business where aerosol containers of paint capable of defacing property are sold shall conspicuously post notice of this law in the place of business in letters at least three-eighths of an inch (3/

 
8") high.

(e) Any person violating the provisions of this section shall be fined not more than one hundred dollars ($100) for each offense.


CREDIT(S)


P.L. 1981, ch. 394, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-19.1


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-19.1. Possession of spray paint by a minor

 


(a) No person under the age of eighteen (18) years shall have in his or her possession or under his or her control any aerosol container of spray paint. Any person violating the provisions of this section shall be subject to a requirement of up to fifty (50) hours of community restitution work.


(b) Subsection (a) of this section shall not apply to possession or use of aerosol spray paint containers on property owned or rented by the minor or his or her parent(s) or guardian(s).


CREDIT(S)


P.L. 1993, ch. 361, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-20


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-20. Sale of matches

 


(a) No person, firm or corporation that owns, manages or operates a place of business including vending machines shall knowingly sell, give or deliver matches to any child under the age of twelve (12) years. The owner, operator or manager of a place of business where matches are sold shall post a notice of this law conspicuously in the place of business in letters at least three-eighths of an inch (   3/

 
8 ") high. Signs required by this section may be provided, at cost, by the department of health.

(b) Any person violating the provisions of this section shall be fined one hundred dollars ($100) for each offense.


CREDIT(S)


P.L. 1988, ch. 159, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-9-21


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 9. Children

 

 

§ 11-9-21. Prohibition of sale of certain dietary supplements to minors

 


(a) It shall be a misdemeanor for any manufacturer, wholesaler, retailer, or other person, to sell, transfer, or otherwise furnish any of the following to a person under 18 years of age:


(1) A dietary supplement containing an ephedrine group alkaloid.


(2) A dietary supplement containing any of the following:


(A) Androstanedoil.


(B) Androstanedione.


(C) Androstenedione.


(D) Noradrostenediol.


(E) Norandrostenedione.


(F) Dehydroepiandrosterone.


(b) The seller shall request valid identification from any individual who attempts to purchase a dietary supplement set forth in subsection (a) if that individual reasonably appears to the seller to be under 18 years of age.


(c) Notwithstanding subsections (a) and (b), a retail clerk who fails to request identification pursuant to subsection (b) of this section shall not be guilty of a misdemeanor, subject to any civil penalties, or subject to any disciplinary action or discharge by his or her employer.


CREDIT(S)


P.L. 2005, ch. 244, § 2;P.L. 2005, ch. 246, § 2.



Current through chapter 491 of the January 2012 session


§ 61-8-9a. Child abuse; education; curriculum

Tags:38 WV (0.6%)

W. Va. Code, § 61-8-9a


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8. Crimes Against Chastity, Morality and Decency (Refs & Annos)

§ 61-8-9a. Child abuse; education; curriculum


The Legislature finds the best way to avoid child abuse in West Virginia is to educate our young people on the skills of parenting; therefore, the Legislature directs the commissioner of the department of health, the state superintendent of schools and the commissioner of the department of human services to develop a curriculum to be taught in each of the secondary grades; such curriculum shall include, but not be limited to, discipline, handling stresses of raising children, and the health care needs of children. Such curriculum shall start no later than the 1990-1991 school year.


CREDIT(S)


Acts 1988, c. 42.



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 31. Abandonment and Neglect of Wife or Children (Refs & Annos)

Tags:28 OK (1.2%)

END OF DOCUMENT

21 Okl.St.Ann. § 851

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31. Abandonment and Neglect of Wife or Children (Refs & Annos)

§ 851. Desertion of children under age of ten a felony


Any parent of any child or children under the age of ten (10) years, and every person to whom such child or children have been confided for nurture or education, who deserts such child or children within the State of Oklahoma, or takes such child or children without the State of Oklahoma, with the intent wholly to abandon it shall be deemed guilty of a felony and, upon conviction thereof shall be punished by imprisonment in the State Penitentiary for any period of time not less than one (1) year nor more than ten (10) years.


CREDIT(S)


R.L.1910, § 2433; Laws 1923, c. 78, p. 143, § 1; Laws 1997, c. 133, § 250, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 154, eff. July 1, 1999.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 852

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31. Abandonment and Neglect of Wife or Children (Refs & Annos)

§ 852. Omission to provide for a child--Penalties


A. Unless otherwise provided for by law, any parent, guardian, or person having custody or control of a child as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes who willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, monetary child support, medical attendance, payment of court-ordered day care or payment of court-ordered medical insurance costs for such child which is imposed by law, upon conviction, is guilty of a misdemeanor; provided, any person obligated to make child support payments who willfully and without lawful excuse becomes delinquent in said child support payments after September 1, 1993, and such delinquent child support accrues without payment by the obligor for a period of one (1) year, or exceeds Five Thousand Dollars ($5,000.00) shall, upon conviction thereof, be guilty of a felony which is punishable in the same manner as any subsequent conviction pursuant to the provisions of this section. Any subsequent conviction pursuant to this section shall be a felony, punishable by imprisonment for not more than four (4) years in the custody of the Department of Corrections or by the imposition of a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. As used in this section, the duty to furnish medical attendance shall mean that the parent or person having custody or control of a child must furnish medical treatment in such manner and on such occasions as an ordinarily prudent person, solicitous for the welfare of a child, would provide; such parent or person having custody or control of a child is not criminally liable for failure to furnish medical attendance for every minor or trivial complaint with which the child may be afflicted.


B. Any person who leaves the state to avoid providing necessary food, clothing, shelter, court-ordered monetary child support, or medical attendance for such child, upon conviction, shall be guilty of a felony punishable by imprisonment for not more than four (4) years in the custody of the Department of Corrections or by the imposition of a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.


C. Nothing in this section shall be construed to mean a child is endangered for the sole reason the parent, guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child; provided, that medical care shall be provided where permanent physical damage could result to such child; and that the laws, rules, and regulations relating to communicable diseases and sanitary matters are not violated.


D. Nothing contained in this section shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the health or welfare of the child.


E. Psychiatric and psychological testing and counseling are exempt from the provisions of this section.


F. If any parent of a child in cases in which the Department of Human Services is providing services pursuant to Section 237 of Title 56 of the Oklahoma Statutes is determined by the Department to be willfully violating the provisions of this section, the Department may refer the case to the proper district attorney for prosecution. The Department shall provide assistance to the district attorneys in such prosecutions. Any child support or arrears payments made pursuant to this section shall be made payable to the Department and paid through the Centralized Support Registry pursuant to Section 413 of Title 43 of the Oklahoma Statutes.


G. Except for a third or subsequent conviction, all felony convictions herein shall be administered under the provisions of the Community Sentencing Act. [FN1]


H. It is the duty of any parent having legal custody of a child who is an alcohol-dependent person or a drug-dependent person, as such terms are defined by Section 3-403 of Title 43A of the Oklahoma Statutes, to provide for the treatment, as such term is defined by Section 3-403 of Title 43A of the Oklahoma Statutes, of such child. Any parent having legal custody of a child who is an alcohol-dependent person or a drug-dependent person who without having made a reasonable effort fails or willfully omits to provide for the treatment of such child shall be guilty of a misdemeanor. For the purpose of this subsection, the duty to provide for such treatment shall mean that the parent having legal custody of a child must provide for the treatment in such manner and on such occasions as an ordinarily prudent person, solicitous for the welfare of a child, would provide.


I. Venue is proper in prosecutions for violations of this section in:


1. Any county where the child resides;


2. The county in which the court-ordered support was entered or registered pursuant to the provisions of the Uniform Interstate Family Support Act; [FN2] or


3. The county in which the defendant resides.


CREDIT(S)


R.L.1910, § 2434; Laws 1975, c. 67, § 1, emerg. eff. April 18, 1975; Laws 1983, c. 44, § 1, operative Nov. 1, 1983; Laws 1987, c. 167, § 2, operative July 1, 1987; Laws 1989, c. 348, § 13, eff. Nov. 1, 1989; Laws 1990, c. 165, § 1, eff. July 1, 1990; Laws 1993, c. 173, § 1, eff. Sept. 1, 1993; Laws 1994, c. 132, § 1, eff. Sept. 1, 1994; Laws 1997, c. 6, § 1, eff. Nov. 1, 1997; Laws 1997, c. 133, § 251, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 155, eff. July 1, 1999; Laws 2006, c. 219, § 1; Laws 2008, c. 407, § 14, eff. Nov. 1, 2008; Laws 2009, c. 234, § 121, emerg. eff. May 21, 2009.


[FN1] Title 22, § 988.1 et seq.


[FN2] Title 43, § 601-100 et seq.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 852.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31. Abandonment and Neglect of Wife or Children (Refs & Annos)

§ 852.1. Child endangerment--Knowingly permitting physical or sexual abuse--Good faith reliance on spiritual healing--Penalties


A. A person who is the parent, guardian, or person having custody or control over a child as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, commits child endangerment when the person:


1. Knowingly permits physical or sexual abuse of a child;


2. Knowingly permits a child to be present at a location where a controlled dangerous substance is being manufactured or attempted to be manufactured as defined in Section 2-101 of Title 63 of the Oklahoma Statutes;


3. Knowingly permits a child to be present in a vehicle when the person knows or should have known that the operator of the vehicle is impaired by or is under the influence of alcohol or another intoxicating substance; or


4. Is the driver, operator, or person in physical control of a vehicle in violation of Section 11-902 of Title 47 of the Oklahoma Statutes while transporting or having in the vehicle such child or children.


However, it is an affirmative defense to this paragraph if the person had a reasonable apprehension that any action to stop the physical or sexual abuse or deny permission for the child to be in the vehicle with an intoxicated person would result in substantial bodily harm to the person or the child.


Nothing in this subsection shall prohibit the prosecution of a person pursuant to the provisions of Section 11-902 or 11-904 of Title 47 of the Oklahoma Statutes.


B. The provisions of this section shall not apply to any parent, guardian or other person having custody or control of a child for the sole reason that the parent, guardian or other person in good faith selects and depends upon spiritual means or prayer for the treatment or cure of disease or remedial care for such child. This subsection shall in no way limit or modify the protections afforded said child in Section 852 of this title or Section 1-4-904 of Title 10A of the Oklahoma Statutes.


C. Any person convicted of violating any provision of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than four (4) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.


CREDIT(S)


Laws 1990, c. 165, § 2, eff. July 1, 1990; Laws 1997, c. 133, § 252, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 156, eff. July 1, 1999; Laws 2001, c. 225, § 6, eff. July 1, 2001; Laws 2009, c. 143, § 1, eff. July 1, 2009; Laws 2009, c. 234, § 122, eff. July 1, 2009; Laws 2011, c. 350, § 2, eff. Nov. 1, 2011.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 853

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31. Abandonment and Neglect of Wife or Children (Refs & Annos)

§ 853. Desertion of wife or child under 15 a felony


Every person who shall without good cause abandon his wife in destitute or necessitous circumstances and neglect and refuse to maintain or provide for her, or who shall abandon his or her minor child or children under the age of fifteen (15) years and willfully neglect or refuse to maintain or provide for such child or children, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the State Penitentiary for any period of time not less than one (1) year or more than ten (10) years.


CREDIT(S)


Laws 1915, c. 149, § 1; Laws 1923, c. 78, p. 144, § 2; Laws 1997, c. 133, § 253, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 157, eff. July 1, 1999.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 854

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31. Abandonment and Neglect of Wife or Children (Refs & Annos)

§ 854. Proof of marriage--Wife as competent witness--Duty of district attorney to prosecute


No other evidence shall be required to prove marriage of such husband and wife, or that such person is the lawful father or mother of such child or children than is or shall be required to prove such fact in a civil action, and such wife shall be a competent witness to testify in any case brought under this act, [FN1] and to any and all matters relevant thereto, including the fact of such marriage and the parentage of such child or children. It shall be the mandatory duty of each district attorney of this state to diligently prosecute all persons violating any of the provisions of this chapter (Chapter 31, Title 21 O.S.1951), and in all cases where the evidence is deemed sufficient to justify a prosecution for such violation, any district attorney who shall willfully fail, neglect or refuse to institute criminal proceedings to enforce such provisions, shall be subject to removal from office.


CREDIT(S)


Laws 1915, c. 149, § 2; Laws 1949, p. 203, § 1.


[FN1] Title 21, §§ 853, 854.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 855

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31. Abandonment and Neglect of Wife or Children (Refs & Annos)

§ 855. Employment of prisoners--Disposition of wages--Parole on bond--Revocation of parole--Suspension of sentence--Who may inform against violator


Every person convicted under the provisions of this act, [FN1] upon the confinement of such person at the State Penitentiary, the warden thereof shall put the said convicted person to work at some suitable employment in the State Penitentiary, at a reasonable wage, not to exceed Two Dollars and fifty cents ($2.50), per day, and under such rules and regulations as shall be fixed by the warden of said penitentiary with the approval of the Governor, and such earnings shall, by proper authority, be paid to the said wife, or other person who is in charge of and caring for said child or children.


Upon conviction of any person, under the provisions of this act, the Governor may, before or after sentence, parole said person upon the recommendation of the trial judge in whose court he was convicted, upon said person entering into an undertaking in the form provided by the judge of said court, with two or more good and sufficient sureties. Said sureties shall qualify and make a property statement as provided by law, and the said bond shall be approved by the trial judge before said application is made to the Governor, and a certificate that said bond has been approved by the trial judge shall accompany any application made hereunder. Said bond shall be conditioned that the said convicted person shall within ten (10) days from the first day of each month, pay to the clerk of the court where he was convicted such amount as has been fixed by the court for the support of said wife or child or children, which money shall be paid by the clerk of the court as provided herein for wages at the penitentiary.


Upon the failure to pay said amount within the time provided for under this act, the said bond shall be liable to pay the sums due. Said money, when paid into the court clerk, shall be paid by said clerk to the wife or to any other person in charge of said minor child or children for the support of said wife or minor child or children.


When the terms and conditions of said bond have been violated the said trial judge shall at once notify the Governor, and the Governor may at once revoke said parole and confine said person to the penitentiary under the conditions provided herein, and the makers of said bond shall be liable under the terms and conditions provided in this act, and any person interested may sue on said bond.


Upon recommendation as provided herein for parole, the Governor may suspend the sentence under the terms and conditions of this act, and if the terms are broken and the suspension revoked by the Governor, then the time such person is out on suspension of sentence shall not be deducted from the term of sentence. Provided, that no person shall inform against any one violating this act except the wife or guardian of said minor children, or those having said minor children in charge, or any public officer of the county.


CREDIT(S)


Laws 1923, c. 78, p. 144, § 3.


[FN1] Title 21, §§ 853 to 855.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 856

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31A. Contributing to Delinquency of Minors

§ 856. Causing, aiding, abetting or encouraging minor to be delinquent or runaway child, to commit felony or to become involved with criminal street gang


A. 1. Except as otherwise specifically provided by law, every person who shall knowingly or willfully cause, aid, abet or encourage a minor to be, to remain, or to become a delinquent child or a runaway child, upon conviction, shall, for the first offense, be guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.


2. For purposes of prosecution under this subsection, a “runaway child” means an unemancipated minor who is voluntarily absent from the home without a compelling reason, without the consent of a custodial parent or other custodial adult and without the parent or other custodial adult's knowledge as to the child's whereabouts. “Compelling reason” means imminent danger from incest, a life-threatening situation, or equally traumatizing circumstance. A person aiding a runaway child pursuant to paragraph (4) of subsection (a) of Section 5 of Title 76 of the Oklahoma Statutes or aiding a child based upon a reasonable belief that the child is in physical, mental or emotional danger and with notice to the Department of Human Services or a local law enforcement agency of the location of the child within twelve (12) hours of aiding the child shall not be subject to prosecution under this section.


B. Every person convicted of a second or any subsequent violation of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed three (3) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.


C. Every person eighteen (18) years of age or older who shall knowingly or willfully cause, aid, abet, or encourage a minor to commit or participate in committing an act that would be a felony if committed by an adult shall, upon conviction, be guilty of a felony punishable by the maximum penalty allowed for conviction of the offense or offenses which the person caused, aided, abetted, or encouraged the minor to commit or participate in committing.


D. Every person who shall knowingly or willfully cause, aid, abet, encourage, solicit, or recruit a minor to participate, join, or associate with any criminal street gang, as defined by subsection F of this section, or any gang member for the purpose of committing any criminal act shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.


E. Every person convicted of a second or subsequent violation of subsection D of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than five (5) years nor more than ten (10) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.


F. “Criminal street gang” means any ongoing organization, association, or group of five or more persons that specifically either promotes, sponsors, or assists in, or participates in, and requires as a condition of membership or continued membership, the commission of one or more of the following criminal acts:


1. Assault, battery, or assault and battery with a deadly weapon, as defined in Section 645 of this title;


2. Aggravated assault and battery as defined by Section 646 of this title;


3. Robbery by force or fear, as defined in Sections 791 through 797 of this title;


4. Robbery or attempted robbery with a dangerous weapon or imitation firearm, as defined by Section 801 of this title;


5. Unlawful homicide or manslaughter, as defined in Sections 691 through 722 of this title;


6. The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled dangerous substances, as defined in Section 2-101 et seq. of Title 63 of the Oklahoma Statutes;


7. Trafficking in illegal drugs, as provided for in the Trafficking in Illegal Drugs Act, Section 2-414 of Title 63 of the Oklahoma Statutes;


8. Arson, as defined in Sections 1401 through 1403 of this title;


9. The influence or intimidation of witnesses and jurors, as defined in Sections 388, 455 and 545 of this title;


10. Theft of any vehicle, as described in Section 1720 of this title;


11. Rape, as defined in Section 1111 of this title;


12. Extortion, as defined in Section 1481 of this title;


13. Transporting a loaded firearm in a motor vehicle, in violation of Section 1289.13 of this title;


14. Possession of a concealed weapon, as defined by Section 1289.8 of this title; or


15. Shooting or discharging a firearm, as defined by Section 652 of this title.


CREDIT(S)


Laws 1939, p. 15, § 1; Laws 1989, c. 157, § 3, emerg. eff. May 8, 1989; Laws 1990, c. 272, § 5, eff. Sept. 1, 1990; Laws 1992, c. 182, § 1, emerg. eff. May 7, 1992; Laws 1993, c. 212, § 1, emerg. eff. May 24, 1993; Laws 1996, c. 196, § 1, eff. July 1, 1996; Laws 1997, c. 133, § 254, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 158, eff. July 1, 1999; Laws 2011, c. 168, § 1, eff. Nov. 1, 2011.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 856.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31A. Contributing to Delinquency of Minors

§ 856.1. Causing, aiding, abetting or encouraging minor to participate in certain drug-related crimes


Every person who shall knowingly, intentionally or willfully cause, aid, abet or encourage a minor child to:


1. Distribute, dispense, possess or manufacture a controlled dangerous substance, as provided in the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of Title 63 of the Oklahoma Statutes;


2. Create, distribute, or possess a counterfeit controlled dangerous substance, as defined by Section 2-101 of Title 63 of the Oklahoma Statutes;


3. Distribute any imitation controlled substance as defined by Section 2-101 of Title 63 of the Oklahoma Statutes;


4. Conspire or participate in any scheme, plan or act for the purposes of avoiding, eluding or evading arrest or detection by law enforcement authorities for crimes involving controlled substances as defined by Section 2-101 of Title 63 of the Oklahoma Statutes; or


5. Violate any penal provisions of the Uniform Controlled Dangerous Substances Act,


shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term not more than twenty (20) years and a fine of not more than Two Hundred Thousand Dollars ($200,000.00). Said sentence shall not be subject to statutory provisions for suspended sentences, or deferred sentences except when the conviction is for a first offense.


CREDIT(S)


Laws 1989, c. 202, § 1, emerg. eff. May 8, 1989; Laws 1997, c. 133, § 255, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 159, eff. July 1, 1999.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 856.2

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31A. Contributing to Delinquency of Minors

§ 856.2. Harboring endangered runaway child


It shall be unlawful for any person to knowingly and willfully harbour an endangered runaway child. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in a county jail not exceeding one (1) year, or by both such fine and imprisonment. Every person convicted of a second or any subsequent violation shall, upon conviction, be guilty of a felony punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment not exceeding three (3) years, or by both such fine and imprisonment. For purposes of this section, an “endangered runaway child” means an unemancipated minor who is voluntarily absent from the home for seventy-two (72) hours or more without a compelling reason and without the consent of a custodial parent or other custodial adult or an unemancipated minor who is voluntarily absent from the home without a compelling reason and without the consent of a custodial parent or other custodial adult and the child needs medication or other special services. For purposes of this section, “compelling reason” shall be defined as provided in Section 856 of Title 21 of the Oklahoma Statutes.


CREDIT(S)


Laws 1996, c. 196, § 2, eff. July 1, 1996; Laws 1997, c. 133, § 256, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 160, eff. July 1, 1999.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 856.3

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31A. Contributing to Delinquency of Minors

§ 856.3. Gang related offenses--Condition of membership


Any person who attempts or commits a gang-related offense as a condition of membership in a criminal street gang or while in association with any criminal street gang or gang member shall be guilty of a felony offense. Upon conviction, the violator shall be punished by incarceration in the custody of the Department of Corrections for a term of five (5) years, which shall be in addition to any other penalty imposed. For purposes of this section, “criminal street gang” is defined by subsection F of Section 856 of Title 21 of the Oklahoma Statutes and “gang-related offense” means those offenses enumerated in paragraphs 1 through 16 of subsection F of Section 856 of Title 21 of the Oklahoma Statutes.


CREDIT(S)


Laws 2011, c. 168, § 2, eff. Nov. 1, 2011.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 857

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31A. Contributing to Delinquency of Minors

§ 857. Definitions


1. “Every person,” as used in Sections 856, Section 1 of this act, [FN1]857, 858.1 and 858.2 of Title 21 of the Oklahoma Statutes, shall include human beings, without regard to their legal or natural relationship to such minor, as well as legal or corporate entities.


2. “Minor” or “child,” as used in Sections 856, Section 1 of this act, 857, 858.1 and 858.2 of Title 21 of the Oklahoma Statutes, shall include male or female persons who shall not have arrived at the age of eighteen (18) years at the time of the commission of the offense.


3. “Encourage,” as used in Sections 856, Section 1 of this act, 857, 858.1 and 858.2 of Title 21 of the Oklahoma Statutes, in addition to the usual meaning of the word, shall include a willful and intentional neglect to do that which will directly tend to prevent such act or acts of delinquency on the part of such minor, when the person accused shall have been able to do so.


4. “Delinquent child,” as used in Sections 856, 857, 858.1 and 858.2 of Title 21 of the Oklahoma Statutes, shall include a minor, as herein defined, who shall have been or is violating any penal statute of this state, or who shall have been or is committing any one or more of the following acts, to wit:


(a) Associating with thieves, vicious or immoral persons.


(b) Frequenting a house of ill repute.


(c) Frequenting any policy shop, or place where any gambling device is operated.


(d) Frequenting any saloon, dram shop, still, or any place where intoxicating liquors are manufactured, stored or sold.


(e) Possession, carrying, owning or exposing any vile, obscene, indecent, immoral or lascivious photograph, drawing, picture, book, paper, pamphlet, image, device, instrument, figure or object.


(f) Willfully, lewdly or lasciviously exposing his or her person, or private parts thereof, in any place, public or private, in such manner as to be offensive to decency, or calculated to excite vicious or lewd thoughts, or for the purpose of engaging in the preparation or manufacture of obscene, indecent or lascivious photographs, pictures, figures or objects.


(g) Possessing, transporting, selling, or engaging or aiding or assisting in the sale, transportation or manufacture of intoxicating liquor, or the frequent use of same.


(h) Being a runaway from his or her parent or legal guardian.


(i) Violating any penal provision of the Uniform Controlled Dangerous Substances Act. [FN2]


CREDIT(S)


Laws 1939, p. 15, § 2; Laws 1971, c. 224, § 1; Laws 1989, c. 202, § 2, emerg. eff. May 8, 1989.


[FN1] Title 21, § 856.1.


[FN2] Title 63, § 2-101 et seq.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 858

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31A. Contributing to Delinquency of Minors

§ 858. Parent or guardian whose child commits crime of possession of firearm on school property--Administrative penalty


Any custodial parent or guardian of a child under eighteen (18) years of age whose child commits the crime of possession of a firearm on school property may be fined not exceeding Two Hundred Dollars ($200.00), or ordered to perform community service not exceeding forty (40) hours or both such fine and community service. To satisfy any community service requirement, the court may give preference to work which benefits the school said child attends. Said penalty shall be an administrative penalty and shall not be recorded on the custodial parent's or guardian's criminal record. The fine shall be payable to the court clerk to be deposited in the court fund. Nothing in this section shall prohibit the filing or prosecution of any criminal charge.


CREDIT(S)


Laws 1992, c. 286, § 1, emerg. eff. May 25, 1992.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 858.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31A. Contributing to Delinquency of Minors

§ 858.1. Causing, aiding, abetting or encouraging minor to be in need of supervision or deprived


A. Any parent or other person who knowingly and willfully:


1. causes, aids, abets or encourages any minor to be in need of supervision, or deprived; or


2. shall by any act or omission to act have caused, encouraged or contributed to the deprivation, or the need of supervision of the minor, or to such minor becoming deprived, or in need of supervision;


shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined a sum not to exceed Five Hundred Dollars ($500.00), or imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment.


B. Upon a second or succeeding conviction for a violation of this section, the defendant shall be fined not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not to exceed one (1) year, or punished by both such fine and imprisonment.


CREDIT(S)


Laws 1945, p. 27, § 1; Laws 1990, c. 272, § 6, eff. Sept. 1, 1990; Laws 1991, c. 335, § 6, emerg. eff. June 15, 1991.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 858.2

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31A. Contributing to Delinquency of Minors

§ 858.2. Neglect of minor adjudicated delinquent, in need of supervision or deprived


In all cases where a minor has been adjudged delinquent, in need of supervision or deprived by a court of competent jurisdiction and such court by order for care or probation, has placed such minor in the care or on probation to the parent, legal guardian, legal custodian of such minor, stepparent or other adult person living in the home, any parent, legal guardian or legal custodian of such minor who shall neglect, fail or refuse to give such minor proper parental care, or to comply with the order for care or probation shall be deemed guilty of a misdemeanor and upon conviction thereof shall, as applicable, be punished as provided in Section 856 or 858.1 of this title.


CREDIT(S)


Laws 1945, p. 27, § 2; Laws 1990, c. 272, § 7, eff. Sept. 1, 1990; Laws 1991, c. 335, §§ 7, 36, emerg. eff. June 15, 1991.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 858.3

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 31A. Contributing to Delinquency of Minors

§ 858.3. Causing, aiding, abetting or encouraging minor to become delinquent, in need of supervision, or dependent and neglected--Penalty


Any person who knowingly and willfully:


1. Causes, aids, abets or encourages a minor to be, to remain or to become delinquent, in need of supervision or dependent and neglected, or


2. Omits the performance of any duty, which act or omission causes or tends to cause, aid, abet, or encourage any minor to be delinquent, in need of supervision or dependent and neglected, within the purview of the Oklahoma Children's Code [FN1] or the Oklahoma Juvenile Code, [FN2]


upon conviction, shall be guilty of a misdemeanor and, as applicable, shall be punished pursuant to the provisions of Section 856, 858.1 or 858.2 of Title 21 of the Oklahoma Statutes.


CREDIT(S)


Laws 1971, c. 66, § 3, eff. Oct. 1, 1971; Laws 1990, c. 272, § 4, eff. Sept. 1, 1990. Renumbered from Title 10, § 1144 and amended by Laws 1995, c. 352, §§ 193, 200, eff. July 1, 1995.


[FN1] Title 10, § 7001-1.1 et seq.


[FN2] Title 10, § 7301-1.1 et seq.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)


Chapter 6. Bigamy and Adultery

Tags:43 RI (0.3%)

West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 6. Bigamy and Adultery

 

 

§ 11-6-1. Bigamy

 


Every person who shall be convicted of being married to another, or of cohabiting with another as husband and wife, having at the time a former husband or wife living, shall be fined not exceeding one thousand dollars ($1,000); provided, that this shall not extend to any person whose husband or wife shall be continually remaining without the limits of this state for the space of seven (7) years together, the party being married after the expiration of the seven (7) years, not knowing the other to be living within that time, nor to any person who shall be divorced at the time of the second marriage, nor to any person by reason of any former or prior marriage made when the man was less than fourteen (14) and the woman less than twelve (12) years of age.


CREDIT(S)


P.L. 1989, ch. 214, § 1.


Codifications: G.L. 1896, ch. 281, § 1; G.L. 1909, ch. 347, § 1; G.L. 1923, ch. 399, § 1; G.L. 1938, ch. 610, § 1.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-6-2


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 6. Bigamy and Adultery

 

 

§ 11-6-2. Adultery

 


Every person who shall commit adultery shall be fined not exceeding five hundred dollars ($500); and illicit sexual intercourse between any two (2) persons, where either of them is married, shall be deemed adultery in each.


CREDIT(S)


P.L. 1989, ch. 214, § 1.


Codifications: G.L. 1896, ch. 281, § 2; G.L. 1909, ch. 347, § 2; G.L. 1923, ch. 399, § 2; G.L. 1938, ch. 610, § 2.



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-6-3


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 6. Bigamy and Adultery

 

 

§§ 11-6-3, 11-6-4. Repealed

 



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-6-4


West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 6. Bigamy and Adultery

 

 

§§ 11-6-3, 11-6-4. Repealed

 



Current through chapter 491 of the January 2012 session



Gen.Laws 1956, § 11-7-1


Chapter 720. Criminal Offenses

Tags:05 IL (4.1%)

Effective: January 1, 2013


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part B. Offenses Directed Against the Person

Article 12C. Harms to Children

Subdivision 10. Curfew Offenses

5/12C-60. Curfew


§ 12C-60. Curfew.



(a) Curfew offenses.



(1) A minor commits a curfew offense when he or she remains in any public place or on the premises of any establishment during curfew hours.


(2) A parent or guardian of a minor or other person in custody or control of a minor commits a curfew offense when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.


(b) Curfew defenses. It is a defense to prosecution under subsection (a) that the minor was:



(1) accompanied by the minor's parent or guardian or other person in custody or control of the minor;


(2) on an errand at the direction of the minor's parent or guardian, without any detour or stop;


(3) in a motor vehicle involved in interstate travel;


(4) engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;


(5) involved in an emergency;


(6) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;


(7) attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;


(8) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or


(9) married or had been married or is an emancipated minor under the Emancipation of Minors Act.


(c) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) is present.



(d) Definitions. In this Section:



(1) "Curfew hours" means:


(A) Between 12:01 a.m. and 6:00 a.m. on Saturday;


(B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and


(C) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.


(2) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.


(3) "Establishment" means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.


(4) "Guardian" means:


(A) a person who, under court order, is the guardian of the person of a minor; or


(B) a public or private agency with whom a minor has been placed by a court.


(5) "Minor" means any person under 17 years of age.


(6) "Parent" means a person who is:


(A) a natural parent, adoptive parent, or step-parent of another person; or


(B) at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.


(7) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.


(8) "Remain" means to:


(A) linger or stay; or


(B) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.


(9) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.


(e) Sentence. A violation of this Section is a petty offense with a fine of not less than $10 nor more than $500, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987, nor that person's legal guardian, shall be subject to any fine. In addition to or instead of the fine imposed by this Section, the court may order a parent, legal guardian, or other person convicted of a violation of subsection (a) of this Section to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of subsection (a) of this Section shall not conflict with the dates and times that the person is employed in his or her regular occupation.



(f) County, municipal and other local boards and bodies authorized to adopt local police laws and regulations under the constitution and laws of this State may exercise legislative or regulatory authority over this subject matter by ordinance or resolution incorporating the substance of this Section or increasing the requirements thereof or otherwise not in conflict with this Section.




CREDIT(S)



Laws 1961, p. 1983, § 12C-60, added by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/12C-65

Formerly cited as IL ST CH 38 ¶ 44-2; 720 ILCS 5/44-2


Effective: January 1, 2013


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part B. Offenses Directed Against the Person

Article 12C. Harms to Children

Subdivision 15. Miscellaneous Offenses

5/12C-65. Unlawful transfer of a telecommunications device to a minor


§ 12C-65. Unlawful transfer of a telecommunications device to a minor.



(a) A person commits unlawful transfer of a telecommunications device to a minor when he or she gives, sells or otherwise transfers possession of a telecommunications device to a person under 18 years of age with the intent that the device be used to commit any offense under this Code, the Cannabis Control Act, [FN1] the Illinois Controlled Substances Act, [FN2] or the Methamphetamine Control and Community Protection Act.



(b) "Telecommunications device" or "device" means a device which is portable or which may be installed in a motor vehicle, boat or other means of transportation, and which is capable of receiving or transmitting speech, data, signals or other information, including but not limited to paging devices, cellular and mobile telephones, and radio transceivers, transmitters and receivers, but not including radios designed to receive only standard AM and FM broadcasts.



(c) Sentence. A violation of this Section is a Class A misdemeanor.



(d) Seizure and forfeiture of property. Any person who commits the offense of unlawful transfer of a telecommunications device to a minor as set forth in this Section is subject to the property forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963.




CREDIT(S)



Laws 1961, p. 1983, § 44-2, added by P.A. 86-811, § 1, eff. Jan. 1, 1990. Amended by P.A. 94-556, § 1055, eff. Sept. 11, 2005. Amended and renumbered as § 12C-65 by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 44-2.


[FN1] 720 ILCS 550/1 et seq.


[FN2] 720 ILCS 570/100 et seq.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/12C-70


Effective: January 1, 2013


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part B. Offenses Directed Against the Person

Article 12C. Harms to Children

Subdivision 15. Miscellaneous Offenses

5/12C-70. Adoption compensation prohibited


§ 12C-70. Adoption compensation prohibited.



(a) Receipt of compensation for placing out prohibited; exception. No person and no agency, association, corporation, institution, society, or other organization, except a child welfare agency as defined by the Child Care Act of 1969, shall knowingly request, receive or accept any compensation or thing of value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969.



(b) Payment of compensation for placing out prohibited. No person shall knowingly pay or give any compensation or thing of value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, including placing out of a child to any person or to any agency, association, corporation, institution, society, or other organization except a child welfare agency as defined by the Child Care Act of 1969.



(c) Certain payments of salaries and medical expenses not prevented.



(1) The provisions of this Section shall not be construed to prevent the payment of salaries or other compensation by a licensed child welfare agency providing adoption services, as that term is defined by the Child Care Act of 1969, to the officers, employees, agents, contractors, or any other persons acting on behalf of the child welfare agency, provided that such salaries and compensation are consistent with subsection (a) of Section 14.5 of the Child Care Act of 1969.


(2) The provisions of this Section shall not be construed to prevent the payment by a prospective adoptive parent of reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of such child, if such payment is made to the physician or hospital who or which rendered the services or to the biological mother of the child or to prevent the receipt of such payment by such physician, hospital, or mother.


(3) The provisions of this Section shall not be construed to prevent a prospective adoptive parent from giving a gift or gifts or other thing or things of value to a biological parent provided that the total value of such gift or gifts or thing or things of value does not exceed $200.


(d) Payment of certain expenses.



(1) A prospective adoptive parent shall be permitted to pay the reasonable living expenses of the biological parents of the child sought to be adopted, in addition to those expenses set forth in subsection (c), only in accordance with the provisions of this subsection (d).


"Reasonable living expenses" means those expenses related to activities of daily living and meeting basic needs, including, but not limited to, lodging, food, and clothing for the biological parents during the biological mother's pregnancy and for no more than 120 days prior to the biological mother's expected date of delivery and for no more than 60 days after the birth of the child. The term does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the biological parents.


(2)(A) The prospective adoptive parents may seek leave of the court to pay the reasonable living expenses of the biological parents. They shall be permitted to pay the reasonable living expenses of the biological parents only upon prior order of the circuit court where the petition for adoption will be filed, or if the petition for adoption has been filed in the circuit court where the petition is pending.


(B) Notwithstanding clause (2)(A) of this subsection (d), a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court. The prospective adoptive parents shall present a final accounting of all expenses to the court prior to the entry of a final judgment order for adoption.


(C) If the court finds an accounting by the prospective adoptive parents to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate.


(3) Payments under this subsection (d) shall be permitted only in those circumstances where there is a demonstrated need for the payment of such expenses to protect the health of the biological parents or the health of the child sought to be adopted.


(4) Payment of their reasonable living expenses, as provided in this subsection (d), shall not obligate the biological parents to place the child for adoption. In the event the biological parents choose not to place the child for adoption, the prospective adoptive parents shall have no right to seek reimbursement from the biological parents, or from any relative or associate of the biological parents, of moneys paid to, or on behalf of, the biological parents pursuant to a court order under this subsection (d).


(5) Notwithstanding paragraph (4) of this subsection (d), a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth, as described in paragraph (4) of this subsection (d), knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent.


(6) No person or entity shall offer, provide, or co-sign a loan or any other credit accommodation, directly or indirectly, with a biological parent or a relative or associate of a biological parent based on the contingency of a surrender or placement of a child for adoption.


(7) Within 14 days after the completion of all payments for reasonable living expenses of the biological parents under this subsection (d), the prospective adoptive parents shall present a final accounting of all those expenses to the court. The accounting shall also include the verified statements of the prospective adoptive parents, each attorney of record, and the biological parents or parents to whom or on whose behalf the payments were made attesting to the accuracy of the accounting.


(8) If the placement of a child for adoption is made in accordance with the Interstate Compact on the Placement of Children, and if the sending state permits the payment of any expenses of biological parents that are not permitted under this Section, then the payment of those expenses shall not be a violation of this Section. In that event, the prospective adoptive parents shall file an accounting of all payments of the expenses of the biological parent or parents with the court in which the petition for adoption is filed or is to be filed. The accounting shall include a copy of the statutory provisions of the sending state that permit payments in addition to those permitted by this Section and a copy of all orders entered in the sending state that relate to expenses of the biological parents paid by the prospective adoptive parents in the sending state.


(9) The prospective adoptive parents shall be permitted to pay the reasonable attorney's fees of a biological parent's attorney in connection with proceedings under this Section or in connection with proceedings for the adoption of the child if the amount of fees of the attorney is $1,000 or less. If the amount of attorney's fees of each biological parent exceeds $1,000, the attorney's fees shall be paid only after a petition seeking leave to pay those fees is filed with the court in which the adoption proceeding is filed or to be filed. The court shall review the petition for leave to pay attorney's fees, and if the court determines that the fees requested are reasonable, the court shall permit the petitioners to pay them. If the court determines that the fees requested are not reasonable, the court shall determine and set the reasonable attorney's fees of the biological parents' attorney which may be paid by the petitioners. The prospective adoptive parents shall present a final accounting of all those fees to the court prior to the entry of a final judgment order for adoption.


(10) The court may appoint a guardian ad litem for an unborn child to represent the interests of the child in proceedings under this subsection (d).


(11) The provisions of this subsection (d) apply to a person who is a prospective adoptive parent. This subsection (d) does not apply to a licensed child welfare agency, as that term is defined in the Child Care Act of 1969, whose payments are governed by the Child Care Act of 1969 and the Department of Children and Family Services rules adopted thereunder.


(e) Injunctive relief.



(A) Whenever it appears that any person, agency, association, corporation, institution, society, or other organization is engaged or about to engage in any acts or practices that constitute or will constitute a violation of this Section, the Department of Children and Family Services shall inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or temporary restraining order without bond to enforce this Section or any rule adopted under this Section in addition to any other penalties and other remedies provided in this Section.


(B) Whenever it appears that any person, agency, association, corporation, institution, society, or other organization is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any rule adopted under the authority of this Section, the Department of Children and Family Services may inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce this Section or any rule adopted under this Section, in addition to any other penalties and remedies provided in this Section.


(f) A violation of this Section on a first conviction is a Class 4 felony, and on a second or subsequent conviction is a Class 3 felony.



(g) "Adoption services" has the meaning given that term in the Child Care Act of 1969.



(h) "Placing out" means to arrange for the free care or placement of a child in a family other than that of the child's parent, stepparent, grandparent, brother, sister, uncle or aunt or legal guardian, for the purpose of adoption or for the purpose of providing care.



(i) "Prospective adoptive parent" means a person or persons who have filed or intend to file a petition to adopt a child under the Adoption Act.




CREDIT(S)



Laws 1961, p. 1983, § 12C-70, added by P.A. 97-1109, § 1-5, eff. Jan. 1, 2013.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 5/13-1

Formerly cited as IL ST CH 38 ¶¶ 13-1 to 13-4


Chapter 940. Crimes Against Life and Bodily Security

Tags:20 WI (1.8%)

W.S.A. 940.13

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 940. Crimes Against Life and Bodily Security (Refs & Annos)

Subchapter I. Life (Refs & Annos)

940.13. Abortion exception


No fine or imprisonment may be imposed or enforced against and no prosecution may be brought against a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus, and s. 939.05, 939.30 or 939.31 does not apply to a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 940.15

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 940. Crimes Against Life and Bodily Security (Refs & Annos)

Subchapter I. Life (Refs & Annos)

940.15. Abortion


(1) In this section, “viability” means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case before him or her, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.


(2) Whoever intentionally performs an abortion after the fetus or unborn child reaches viability, as determined by reasonable medical judgment of the woman's attending physician, is guilty of a Class I felony.


(3) Subsection (2) does not apply if the abortion is necessary to preserve the life or health of the woman, as determined by reasonable medical judgment of the woman's attending physician.


(4) Any abortion performed under sub. (3) after viability of the fetus or unborn child, as determined by reasonable medical judgment of the woman's attending physician, shall be performed in a hospital on an inpatient basis.


(5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class I felony.


(6) Any physician who intentionally performs an abortion under sub. (3) shall use that method of abortion which, of those he or she knows to be available, is in his or her medical judgment most likely to preserve the life and health of the fetus or unborn child. Nothing in this subsection requires a physician performing an abortion to employ a method of abortion which, in his or her medical judgment based on the particular facts of the case before him or her, would increase the risk to the woman. Any physician violating this subsection is guilty of a Class I felony.


(7) Subsections (2) to (6) and s. 939.05, 939.30 or 939.31 do not apply to a woman who obtains an abortion that is in violation of this section or otherwise violates this section with respect to her unborn child or fetus.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 940.16

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 940. Crimes Against Life and Bodily Security (Refs & Annos)

Subchapter I. Life (Refs & Annos)

940.16. Partial-birth abortion


(1) In this section:


(a) “Child” means a human being from the time of fertilization until it is completely delivered from a pregnant woman.


(b) “Partial-birth abortion” means an abortion in which a person partially vaginally delivers a living child, causes the death of the partially delivered child with the intent to kill the child, and then completes the delivery of the child.


(2) Except as provided in sub. (3), whoever intentionally performs a partial-birth abortion is guilty of a Class A felony.


(3) Subsection (2) does not apply if the partial-birth abortion is necessary to save the life of a woman whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical disorder, physical illness or physical injury caused by or arising from the pregnancy itself, and if no other medical procedure would suffice for that purpose.


<<For credits, see Historical Note field.>>


VALIDITY


<Section 940.16 was held unconstitutional by Hope Clinic v. Ryan, C.A.7 (Wis.)2001, 249 F.3d 603. See Notes of Decisions.>


Current through 2013 Wisconsin Act 13, published 05/18/2013.


Chapter 61. Crimes and Their Punishment

Tags:38 WV (0.6%)

W. Va. Code, § 61-8-1


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8. Crimes Against Chastity, Morality and Decency (Refs & Annos)

§ 61-8-1. Bigamy--Penalty


Any person, being married, who, during the life of the former husband or wife, shall marry another person in this State, or, if the marriage with such other person take place out of this State, shall thereafter cohabit with such other person in this State, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years.


CREDIT(S)


Acts 1882, c. 123, § 1.


Formerly Code Va. 1849, c. 196, § 1; Code Va. 1860, c. 196, § 1; Code 1868, c. 149, § 1; Code 1923, c. 149, § 1.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8-2


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8. Crimes Against Chastity, Morality and Decency (Refs & Annos)

§ 61-8-2. Same--Effect of absence, divorce or void marriage


The preceding section shall not extend to a person whose former husband or wife has been continuously absent from such person for seven years next before the marriage of such person to another, and shall not have been known by such person to be living within that time; nor to a person who shall, at the time of the subsequent marriage, have been divorced from the bond of the former marriage, and the term fixed by the decree of the court granting the divorce, in which the parties may not remarry save to each other, shall have elapsed, or whose former marriage shall, at that time, have been declared void by the sentence of a court of competent jurisdiction.


CREDIT(S)


Acts 1882, c. 123, § 2.


Formerly Code Va. 1849, c. 196, § 2; Code Va. 1860, c. 196, § 2; Code 1868, c. 149, § 2; Code 1923, c. 149, § 2.



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 5. Bigamy.

Tags:49 DC (0.2%)

Effective: September 12, 2008

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 5. Bigamy.

§ 22-501. Bigamy.

(a) Whoever, having a spouse or domestic partner living, marries or enters a domestic partnership with another shall be deemed guilty of bigamy, and on conviction thereof shall suffer imprisonment for not less than 2 nor more than 7 years; provided, that this section shall not apply to any person whose:

(1) Spouse or domestic partner has been continually absent for 5 successive years next before such marriage or domestic partnership without being known to such person to be living within that time;

(2) Marriage to said living spouse shall have been dissolved by a valid decree of a competent court, or shall have been pronounced void by a valid decree of a competent court on the ground of the nullity of the marriage contract; or

(3) Domestic partnership with said living domestic partner has been terminated in accordance with § 32-702(d).

(b) For the purposes of this section, the term:

(1) “Domestic partner” shall have the same meaning as provided in § 32-701(3).

(2) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).

CREDIT(S)

(Mar. 3, 1901, 31 Stat. 1331, ch. 854, § 870; Sept. 12, 2008, D.C. Law 17-231, § 23(a), 55 DCR 6758.)

Current through April 16, 2013

 

 

DC ST § 22-601

 


Chapter 9A.44. Sex Offenses (Refs & Annos)  9A.44.083. Child molestation in the first degree

Tags:13 WA (2.2%)


Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.44. Sex Offenses (Refs & Annos)

9A.44.083. Child molestation in the first degree



(1) A person is guilty of child molestation in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.



(2) Child molestation in the first degree is a class A felony.



CREDIT(S)

[1994 c 271 § 303; 1990 c 3 § 902; 1988 c 145 § 5.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.086



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.44. Sex Offenses (Refs & Annos)

9A.44.086. Child molestation in the second degree



(1) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.



(2) Child molestation in the second degree is a class B felony.



CREDIT(S)

[1994 c 271 § 304; 1988 c 145 § 6.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.089



Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)


Chapter 9A.44. Sex Offenses (Refs & Annos)

9A.44.089. Child molestation in the third degree



(1) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.



(2) Child molestation in the third degree is a class C felony.



CREDIT(S)

[1994 c 271 § 305; 1988 c 145 § 7.]



Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.44.090


Chapter 9. Offenses Against the Person

Tags:41 ME (0.4%)

17-A M.R.S.A. § 210-B



Effective: August 30, 2012



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 210-B. Domestic violence terrorizing



1. A person is guilty of domestic violence terrorizing if:



A. The person violates section 210 and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or



B. The person violates paragraph A and at the time of the offense:



(1) Has one or more prior convictions for violating paragraph A or for violating section 207-A, 209-A, 210-C or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 209-A, 210-C or 211-A in another jurisdiction;



(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or



(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.



Violation of this paragraph is a Class C crime.



2. Section 9-A governs the use of prior convictions when determining a sentence.



CREDIT(S)



2007, c. 436, § 3, eff. Feb. 1, 2008; 2011, c. 640, § B-4.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 210-C



Effective: August 30, 2012



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 210-C. Domestic violence stalking



1. A person is guilty of domestic violence stalking if:



A. The person violates section 210-A and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or



B. The person violates paragraph A and at the time of the offense:



(1) Has one or more prior convictions for violating paragraph A or for violating section 207-A, 209-A, 210-B or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 209-A, 210-B or 211-A in another jurisdiction;



(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or



(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.



Violation of this paragraph is a Class C crime.



2. Section 9-A governs the use of prior convictions when determining a sentence.



CREDIT(S)



2007, c. 436, § 4, eff. Feb. 1, 2008; 2011, c. 640, § B-5.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 211



Effective:[See Text Amendments]



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 211. Reckless conduct



1. A person is guilty of reckless conduct if he recklessly creates a substantial risk of serious bodily injury to another person.



2. Reckless conduct is a Class D crime.



CREDIT(S)



1975, c. 499, § 1, eff. May 1, 1976.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 211-A



Effective: August 30, 2012



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 9. Offenses Against the Person (Refs & Annos)

§ 211-A. Domestic violence reckless conduct



1. A person is guilty of domestic violence reckless conduct if:



A. The person violates section 211 and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or



B. The person violates paragraph A and at the time of the offense:



(1) Has one or more prior convictions for violating paragraph A or for violating section 207-A, 209-A, 210-B or 210-C or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 209-A, 210-B or 210-C in another jurisdiction;



(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or



(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.



Violation of this paragraph is a Class C crime.



2. Section 9-A governs the use of prior convictions when determining a sentence.



CREDIT(S)



2007, c. 436, § 5, eff. Feb. 1, 2008; 2011, c. 640, § B-6.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




Chapter 11. Cruelty to Children. (Refs & Annos)

Tags:49 DC (0.2%)

Effective:[See Text Amendments]

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 11. Cruelty to Children. (Refs & Annos)

§ 22-1101. Definition and penalty.

(a) A person commits the crime of cruelty to children in the first degree if that person intentionally, knowingly, or recklessly tortures, beats, or otherwise willfully maltreats a child under 18 years of age or engages in conduct which creates a grave risk of bodily injury to a child, and thereby causes bodily injury.

(b) A person commits the crime of cruelty to children in the second degree if that person intentionally, knowingly, or recklessly:

(1) Maltreats a child or engages in conduct which causes a grave risk of bodily injury to a child; or

(2) Exposes a child, or aids and abets in exposing a child in any highway, street, field house, outhouse or other place, with intent to abandon the child.

(c)(1) Any person convicted of cruelty to children in the first degree shall be fined not more than $10,000 or be imprisoned not more than 15 years, or both.

(2) Any person convicted of cruelty to children in the second degree shall be fined not more than $10,000 or be imprisoned not more than 10 years, or both.

CREDIT(S)

(Feb. 13, 1885, 23 Stat. 303, ch. 58, § 3; Mar. 3, 1901, 31 Stat. 1322, ch. 854, § 814; May 21, 1994, D.C. Law 10-119, § 7, 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 201, 41 DCR 2608.)

Current through April 16, 2013

 

 

DC ST § 22-1102

 

Formerly cited as DC ST 1981 § 22-902

 

 

Effective:[See Text Amendments]

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 11. Cruelty to Children. (Refs & Annos)

§ 22-1102. Refusal or neglect of guardian to provide for child under 14 years of age.

Any person within the District of Columbia, of sufficient financial ability, who shall refuse or neglect to provide for any child under the age of 14 years, of which he or she shall be the parent or guardian, such food, clothing, and shelter as will prevent the suffering and secure the safety of such child, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to punishment by a fine of not more than $100, or by imprisonment in the Workhouse of the District of Columbia for not more than 3 months, or both such fine and imprisonment.

CREDIT(S)

(Mar. 3, 1901, 31 Stat. 1095, ch. 847, § 4.)

Current through April 16, 2013

 

 

DC ST § 22-1103

 

Formerly cited as DC ST 1981 § 22-903 to 22-906

 

 

Effective:[See Text Amendments]

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 11. Cruelty to Children. (Refs & Annos)

§§ 22-1103 to 22-1106. Wilful neglect or refusal to support wife or minor child; punishment; order of allowance; recognizance; trial under original charge; evidence of marriage; competency of witnesses; proof of wilful desertion; weekly payments by Superintendent of Workhouse for each day's confinement; collections by Clerk of Court to be deposited with Collector of Taxes and covered into Treasury. [Repealed]

CREDIT(S)

(July 29, 1970, 84 Stat. 586, Pub. L. 91-358, title I, § 165(a), (b).)

Current through April 16, 2013

 

 

DC ST § 22-1106

 

Formerly cited as DC ST 1981 § 22-903 to 22-906

 

 

Effective:[See Text Amendments]

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 11. Cruelty to Children. (Refs & Annos)

§§ 22-1103 to 22-1106. Wilful neglect or refusal to support wife or minor child; punishment; order of allowance; recognizance; trial under original charge; evidence of marriage; competency of witnesses; proof of wilful desertion; weekly payments by Superintendent of Workhouse for each day's confinement; collections by Clerk of Court to be deposited with Collector of Taxes and covered into Treasury. [Repealed]

CREDIT(S)

(July 29, 1970, 84 Stat. 586, Pub. L. 91-358, title I, § 165(a), (b).)

Current through April 16, 2013

 

 

DC ST § 22-1201

 

Formerly cited as DC ST 1981 § 22-3426

 

 


Chapter 707. Offenses Against the Person (Refs & Annos)

Tags:40 HI (0.4%)

HRS § 707-750

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-750. Promoting child abuse in the first degree


(1) A person commits the offense of promoting child abuse in the first degree if, knowing or having reason to know its character and content, the person:


(a) Produces or participates in the preparation of child pornography;


(b) Produces or participates in the preparation of pornographic material that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct; or


(c) Engages in a pornographic performance that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct.


(2) As used in this section:


“Child pornography” means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:


(a) The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or


(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.


“Community standards” means the standards of the State.


“Computer” shall have the same meaning as in section 708-890.


“Lascivious” means tending to incite lust, to deprave the morals in respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.


“Material” means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.


“Minor” means any person less than eighteen years old.


“Performance” means any play, motion picture film, dance, or other exhibition performed before any audience.


“Pornographic” shall have the same meaning as in section 712-1210.


“Produces” means to produce, direct, manufacture, issue, publish, or advertise.


“Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.


“Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.


“Visual representation” refers to, but is not limited to, undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.


(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material or the performance produced, directed, or participated in. The fact that the person who was employed, used, or otherwise contained in the pornographic material or performance, was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.


(4) Promoting child abuse in the first degree is a class A felony.


CREDIT(S)


Laws 1978, ch. 214, § 1; Laws 1982, ch. 218, § 1; Laws 1986, ch. 314, § 58; Laws 1988, ch. 91, § 1; Laws 1997, ch. 363, § 1; Laws 2002, ch. 200, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-751

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-751. Promoting child abuse in the second degree


(1) A person commits the offense of promoting child abuse in the second degree if, knowing or having reason to know its character and content, the person:


(a) Disseminates child pornography;


(b) Reproduces child pornography with intent to disseminate;


(c) Disseminates any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography;


(d) Disseminates any pornographic material which employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct; or


(e) Possesses thirty or more images of any form of child pornography, and the content of at least one image contains one or more of the following:


(i) A minor who is younger than the age of twelve;


(ii) Sadomasochistic abuse of a minor; or


(iii) Bestiality involving a minor.


(2) As used in this section:


“Child pornography” means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:


(a) The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or


(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.


“Community standards” means the standards of the State.


“Computer” shall have the same meaning as in section 708-890.


“Disseminate” means to publish, sell, distribute, transmit, exhibit, present material, mail, ship, or transport by any means, including by computer, or to offer or agree to do the same.


“Lascivious” means tending to incite lust, to deprave the morals in respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.


“Material” means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.


“Minor” means any person less than eighteen years old.


“Pornographic” shall have the same meaning as in section 712-1210.


“Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.


“Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.


“Visual representation” refers to, but is not limited to, undeveloped film and videotape, and data stored on computer disk or by electronic means that are capable of conversion into a visual image.


(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material. The fact that the person who was employed, used, or otherwise contained in the pornographic material was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.


(4) Promoting child abuse in the second degree is a class B felony.


CREDIT(S)


Laws 1978, ch. 214, § 2; Laws 1982, ch. 218, § 2; Laws 1986, ch. 314, § 59; Laws 1997, ch. 363, § 2; Laws 2002, ch. 200, § 3; Laws 2012, ch. 212, § 1, eff. July 3, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-752

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

[§ 707-752]. Promoting child abuse in the third degree


(1) A person commits the offense of promoting child abuse in the third degree if, knowing or having reason to know its character and content, the person possesses:


(a) Child pornography;


(b) Any book, magazine, periodical, film, videotape, computer disk, electronically stored data, or any other material that contains an image of child pornography; or


(c) Any pornographic material that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct.


(2) As used in this section:


“Child pornography” means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:


(a) The pornographic production of the visual representation involves the use of a minor engaging in sexual conduct; or


(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.


“Community standards” means the standards of the State.


“Computer” shall have the same meaning as in section 708-890.


“Lascivious” means tending to incite lust, to deprave the morals with respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.


“Material” means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.


“Minor” means any person less than eighteen years old.


“Pornographic” shall have the same meaning as in section 712-1210.


“Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.


“Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.


“Visual representation” includes but is not limited to undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.


(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material. The fact that the person who was employed, used, or otherwise contained in the pornographic material was, at that time, a minor is prima facie evidence that the defendant knew the person to be a minor.


(4) Promoting child abuse in the third degree is a class C felony.


CREDIT(S)


Laws 2002, ch. 200, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-753

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

[§ 707-753]. Affirmative defense to promoting child abuse


It shall be an affirmative defense to a charge of promoting child abuse in the third degree that the defendant:


(a) Possessed less than three images of child pornography; and


(b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof:


(i) Took reasonable steps to destroy each such image; or


(ii) Reported the matter to a law enforcement agency and afforded that agency access to each such image.


CREDIT(S)


Laws 2002, ch. 200, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-756

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-756. Electronic enticement of a child in the first degree


(1) Any person who, using a computer or any other electronic device:


(a) Intentionally or knowingly communicates:


(i) With a minor known by the person to be under the age of eighteen years;


(ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or


(iii) With another person who represents that person to be under the age of eighteen years;


(b) With the intent to promote or facilitate the commission of a felony:


(i) That is a murder in the first or second degree;


(ii) That is a class A felony; or


(iii) That is another covered offense as defined in section 846E-1,


agrees to meet with the minor, or with another person who represents that person to be a minor under the age of eighteen years; and


(c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time,


is guilty of electronic enticement of a child in the first degree.


(2) Electronic enticement of a child in the first degree is a class B felony. Notwithstanding any law to the contrary, a person convicted of electronic enticement of a child in the first degree shall be sentenced to an indeterminate term of imprisonment as provided by law.


CREDIT(S)


Laws 2002, ch. 200, § 1; Laws 2006, ch. 80, § 2; Laws 2008, ch. 80, § 3, eff. May 16, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-757

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-757. Electronic enticement of a child in the second degree


(1) Any person who, using a computer or any other electronic device:


(a) Intentionally or knowingly communicates:


(i) With a minor known by the person to be under the age of eighteen years;


(ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or


(iii) With another person who represents that person to be under the age of eighteen years; and


(b) With the intent to promote or facilitate the commission of a felony, agrees to meet with the minor, or with another person who represents that person to be a minor under the age of eighteen years; and


(c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time;


is guilty of electronic enticement of a child in the second degree.


(2) Electronic enticement of a child in the second degree is a class C felony. Notwithstanding any law to the contrary, if a person sentenced under this section is sentenced to probation rather than an indeterminate term of imprisonment, the terms and conditions of probation shall include, but not be limited to, a term of imprisonment of one year.


CREDIT(S)


Laws 2002, ch. 200, § 1; Laws 2006, ch. 80, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-758

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-758. Repealed by Laws 2002, ch. 240, § 11


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-759

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

[§ 707-759]. Indecent electronic display to a child


(1) Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or other electronic device by:


(a) A minor known by the person to be under the age of eighteen years;


(b) Another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or


(c) Another person who represents that person to be under the age of eighteen years,


is guilty of indecent electronic display to a child.


(2) Indecent electronic display to a child is a misdemeanor.


CREDIT(S)


Laws 2008, ch. 80, § 1, eff. May 16, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


Title 18. Criminal Code

Tags:22 CO (1.6%)

C.R.S.A. T. 18, Art. 6, Refs & Annos



West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 6. Offenses Involving the Family Relations



Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. T. 18, Art. 6, Pt. 1, Refs & Annos



West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 6. Offenses Involving the Family Relations

Part 1. Abortion



Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-101



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 1. Abortion (Refs & Annos)

§ 18-6-101. Definitions



As used in sections 18-6-101 to 18-6-104, unless the context otherwise requires:



(1) “Justified medical termination” means the intentional ending of the pregnancy of a woman at the request of said woman or, if said woman is under the age of eighteen years, then at the request of the woman and her then living parent or guardian, or, if the woman is married and living with her husband, at the request of said woman and her husband, by a licensed physician using accepted medical procedures in a licensed hospital upon written certification by all of the members of a special hospital board that:



(a) Continuation of the pregnancy, in their opinion, is likely to result in: The death of the woman; or the serious permanent impairment of the physical health of the woman; or the serious permanent impairment of the mental health of the woman as confirmed in writing under the signature of a licensed doctor of medicine specializing in psychiatry; or the birth of a child with grave and permanent physical deformity or mental retardation; or



(b) Less than sixteen weeks of gestation have passed and that the pregnancy resulted from conduct defined as criminal in sections 18-3-402 and 18-3-403, or if the female person is unmarried and has not reached her sixteenth birthday at the time of such conduct regardless of the age of the male, or incest, as defined in sections 18-6-301 and 18-6-302, and that the district attorney of the judicial district in which the alleged sexual assault or incest has occurred has informed the committee in writing over his signature that there is probable cause to believe that the alleged violation did occur.



(2) “Licensed hospital” means one licensed or certificated by the department of public health and environment.



(3) “Pregnancy” means the implantation of an embryo in the uterus.



(4) “Special hospital board” means a committee of three licensed physicians who are members of the staff of the hospital where the proposed termination would be performed if certified in accordance with subsection (1) of this section, and who meet regularly or on call for the purpose of determining the question of medical justification in each individual case, and which maintains a written record, signed by each member, of the proceedings and deliberations of the board.



CREDIT(S)


Amended by Laws 1975, H.B.1042, § 7; Laws 1994, H.B.94-1029, § 358, eff. July 1, 1994.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-102



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 1. Abortion (Refs & Annos)

§ 18-6-102. Criminal abortion



(1) Any person who intentionally ends or causes to be ended the pregnancy of a woman by any means other than justified medical termination or birth commits criminal abortion.



(2) Criminal abortion is a class 4 felony, but if the woman dies as a result of the criminal abortion, it is a class 2 felony.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-103



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 1. Abortion (Refs & Annos)

§ 18-6-103. Pretended criminal abortion



(1) Any person who intentionally pretends to end the real or apparent pregnancy of a woman by any means other than justified medical termination or birth commits pretended criminal abortion.



(2) Pretended criminal abortion is a class 5 felony, but if the woman dies as a result of the pretended criminal abortion, it is a class 2 felony.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-104



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 1. Abortion (Refs & Annos)

§ 18-6-104. Failure to comply



Nothing in sections 18-6-101 to 18-6-104 requires a hospital to admit any patient under said sections for the purposes of performing an abortion, nor is any hospital required to appoint a special hospital board as defined in section 18-6-101(4). A person who is a member of or associated with the staff of a hospital or any employee of a hospital in which a justified medical termination has been authorized and who states in writing an objection to the termination on moral or religious grounds is not required to participate in the medical procedures which result in the termination of a pregnancy, and the refusal of any such person to participate does not form the basis for any disciplinary or other recriminatory action against the person.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-105



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 1. Abortion (Refs & Annos)

§ 18-6-105. Distributing abortifacients



(1) A person commits distributing abortifacients if he distributes or sells to or for any person other than a licensed medical doctor or osteopathic physician any drug, medicine, instrument, or other substance which is in fact an abortifacient and which he knows to be an abortifacient, and reasonably believes will be used as an abortifacient.



(2) Distributing abortifacients is a class 1 misdemeanor.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. T. 18, Art. 6, Pt. 2, Refs & Annos



West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 6. Offenses Involving the Family Relations

Part 2. Bigamy



Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-201



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 2. Bigamy (Refs & Annos)

§ 18-6-201. Bigamy



(1) Any married person who, while still married, marries or cohabits in this state with another commits bigamy, unless as an affirmative defense it appears that at the time of the cohabitation or subsequent marriage:



(a) The accused reasonably believed the prior spouse to be dead; or



(b) The prior spouse had been continually absent for a period of five years during which time the accused did not know the prior spouse to be alive; or



(c) The accused reasonably believed that he was legally eligible to remarry.



(2) Bigamy is a class 6 felony.



CREDIT(S)


Amended by Laws 1989, S.B.246, § 76.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-202



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 2. Bigamy (Refs & Annos)

§ 18-6-202. Marrying a bigamist



Any unmarried person who knowingly marries or cohabits with another in this state under circumstances known to him which would render the other person guilty of bigamy under the laws of this state commits marrying a bigamist, which is a class 2 misdemeanor.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-203



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 2. Bigamy (Refs & Annos)

§ 18-6-203. Definitions



As used in sections 18-6-201 and 18-6-202, “cohabitation” means to live together under the representation of being married.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. T. 18, Art. 6, Pt. 3, Refs & Annos



West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 6. Offenses Involving the Family Relations

Part 3. Incest



Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-301



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 3. Incest (Refs & Annos)

§ 18-6-301. Incest



(1) Any person who knowingly marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, an ancestor or descendant, including a natural child, child by adoption, or stepchild twenty-one years of age or older, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood commits incest, which is a class 4 felony. For the purpose of this section only, “descendant” includes a child by adoption and a stepchild, but only if the person is not legally married to the child by adoption or the stepchild.



(2) When a person is convicted of, pleads nolo contendere to, or receives a deferred sentence for a violation of the provisions of this section and the victim is a child who is under eighteen years of age and the court knows the person is a current or former employee of a school district or a charter school in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.



CREDIT(S)


Amended by Laws 1983, S.B.26, § 6; Laws 1986, H.B.1230, § 8; Laws 1990, H.B.90-1133, § 7, eff. July 1, 1990; Laws 2000, Ch. 369, § 32, eff. Aug. 2, 2000; Laws 2003, Ch. 385, § 2, eff. June 5, 2003.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-302



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 3. Incest (Refs & Annos)

§ 18-6-302. Aggravated incest



(1) A person commits aggravated incest when he or she knowingly:



(a) Marries his or her natural child or inflicts sexual penetration or sexual intrusion on or subjects to sexual contact, as defined in section 18-3-401, his or her natural child, stepchild, or child by adoption, but this paragraph (a) shall not apply when the person is legally married to the stepchild or child by adoption. For the purpose of this paragraph (a) only, “child” means a person under twenty-one years of age.



(b) Marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, a descendant, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood who is under ten years of age.



(2) Aggravated incest is a class 3 felony.



(3) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.



CREDIT(S)


Amended by Laws 1977, H.B.1654, § 35; Laws 1983, S.B.26, § 7; Laws 1990, H.B.90-1133, § 8, eff. July 1, 1990; Laws 2000, Ch. 369, § 33, eff. Aug. 2, 2000.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-303



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 3. Incest (Refs & Annos)

§ 18-6-303. Sentencing



(1) The court may suspend a portion of the sentence of any person who is convicted of a violation committed prior to November 1, 1998, of any offense listed in this part 3 who is not a habitual sex offender against children, as described in section 18-3-412, if the offender receives a presentence evaluation that recommends a treatment program and the offender satisfactorily completes the recommended treatment program.



(2) In addition to any other penalty provided by law, the court may sentence a defendant who is convicted of a first offense pursuant to this part 3, committed prior to November 1, 1998, to a period of probation for purposes of treatment that, when added to any time served, does not exceed the maximum sentence imposable for the offense.



(3) The court shall sentence a defendant who is convicted of any offense specified in this part 3 committed on or after November 1, 1998, pursuant to the provisions of part 10 of article 1.3 of this title.



CREDIT(S)


Added by Laws 1983, S.B.26, § 8. Amended by Laws 1998, Ch. 303, § 14, eff. Nov. 1, 1998; Laws 2002, Ch. 318, § 391, eff. Oct. 1, 2002.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. T. 18, Art. 6, Pt. 4, Refs & Annos



West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 6. Offenses Involving the Family Relations

Part 4. Wrongs to Children



Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-401



Effective: August 10, 2011


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 4. Wrongs to Children (Refs & Annos)

§ 18-6-401. Child abuse



(1)(a) A person commits child abuse if such person causes an injury to a child's life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.



(b)(I) Except as otherwise provided in subparagraph (III) of this paragraph (b), a person commits child abuse if such person excises or infibulates, in whole or in part, the labia majora, labia minora, vulva, or clitoris of a female child. A parent, guardian, or other person legally responsible for a female child or charged with the care or custody of a female child commits child abuse if he or she allows the excision or infibulation, in whole or in part, of such child's labia majora, labia minora, vulva, or clitoris.



(II) Belief that the conduct described in subparagraph (I) of this paragraph (b) is required as a matter of custom, ritual, or standard practice or consent to the conduct by the child on whom it is performed or by the child's parent or legal guardian shall not be an affirmative defense to a charge of child abuse under this paragraph (b).



(III) A surgical procedure as described in subparagraph (I) of this paragraph (b) is not a crime if the procedure:



(A) Is necessary to preserve the health of the child on whom it is performed and is performed by a person licensed to practice medicine under article 36 of title 12, C.R.S.; or



(B) Is performed on a child who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed to practice medicine under article 36 of title 12, C.R.S.



(IV) If the district attorney having jurisdiction over a case arising under this paragraph (b) has a reasonable belief that any person arrested or charged pursuant to this paragraph (b) is not a citizen or national of the United States, the district attorney shall report such information to the immigration and naturalization service, or any successor agency, in an expeditious manner.



(c)(I) A person commits child abuse if, in the presence of a child, or on the premises where a child is found, or where a child resides, or in a vehicle containing a child, the person knowingly engages in the manufacture or attempted manufacture of a controlled substance, as defined by section 18-18-102(5), or knowingly possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the product as an immediate precursor in the manufacture of a controlled substance. It shall be no defense to the crime of child abuse, as described in this subparagraph (I), that the defendant did not know a child was present, a child could be found, a child resided on the premises, or that a vehicle contained a child.



(II) A parent or lawful guardian of a child or a person having the care or custody of a child who knowingly allows the child to be present at or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know another person is engaged in the manufacture or attempted manufacture of methamphetamine commits child abuse.



(III) A parent or lawful guardian of a child or a person having the care or custody of a child who knowingly allows the child to be present at or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know another person possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the product as an immediate precursor in the manufacture of methamphetamine commits child abuse.



(2) In this section, “child” means a person under the age of sixteen years.



(3) The statutory privilege between patient and physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for a violation of this section.



(4) No person, other than the perpetrator, complicitor, coconspirator, or accessory, who reports an instance of child abuse to law enforcement officials shall be subjected to criminal or civil liability for any consequence of making such report unless he knows at the time of making it that it is untrue.



(5) Deferred prosecution is authorized for a first offense under this section unless the provisions of subsection (7.5) of this section or section 18-6-401.2 apply.



(6) Repealed by Laws 2001, Ch. 125, § 1, eff. July 1, 2001.



(7)(a) Where death or injury results, the following shall apply:



(I) When a person acts knowingly or recklessly and the child abuse results in death to the child, it is a class 2 felony except as provided in paragraph (c) of this subsection (7).



(II) When a person acts with criminal negligence and the child abuse results in death to the child, it is a class 3 felony.



(III) When a person acts knowingly or recklessly and the child abuse results in serious bodily injury to the child, it is a class 3 felony.



(IV) When a person acts with criminal negligence and the child abuse results in serious bodily injury to the child, it is a class 4 felony.



(V) When a person acts knowingly or recklessly and the child abuse results in any injury other than serious bodily injury, it is a class 1 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.



(VI) When a person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury to the child, it is a class 2 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.



(b) Where no death or injury results, the following shall apply:



(I) An act of child abuse when a person acts knowingly or recklessly is a class 2 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.



(II) An act of child abuse when a person acts with criminal negligence is a class 3 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.



(c) When a person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the child, such person commits the crime of murder in the first degree as described in section 18-3-102(1)(f).



(d) When a person commits child abuse as described in paragraph (c) of subsection (1) of this section, it is a class 3 felony.



(e) A person who has previously been convicted of a violation of this section or of an offense in any other state, the United States, or any territory subject to the jurisdiction of the United States that would constitute child abuse if committed in this state and who commits child abuse as provided in subparagraph (V) or (VI) of paragraph (a) of this subsection (7) or as provided in subparagraph (I) or (II) of paragraph (b) of this subsection (7) commits a class 5 felony if the trier of fact finds that the new offense involved any of the following acts:



(I) The defendant, who was in a position of trust, as described in section 18-3-401(3.5), in relation to the child, participated in a continued pattern of conduct that resulted in the child's malnourishment or failed to ensure the child's access to proper medical care;



(II) The defendant participated in a continued pattern of cruel punishment or unreasonable isolation or confinement of the child;



(III) The defendant made repeated threats of harm or death to the child or to a significant person in the child's life, which threats were made in the presence of the child;



(IV) The defendant committed a continued pattern of acts of domestic violence, as that term is defined in section 18-6-800.3, in the presence of the child; or



(V) The defendant participated in a continued pattern of extreme deprivation of hygienic or sanitary conditions in the child's daily living environment.



(7.3) Felony child abuse is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401(10). Misdemeanor child abuse is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501(3).



(7.5) If a defendant is convicted of the class 2 or class 3 felony of child abuse under subparagraph (I) or (III) of paragraph (a) of subsection (7) of this section, the court shall sentence the defendant in accordance with section 18-1.3-401(8)(d).



(8) Repealed by Laws 1990, H.B.90-1093, § 6.



(9) If a parent is charged with permitting a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, pursuant to paragraph (a) of subsection (1) of this section, and the child was seventy-two hours old or younger at the time of the alleged offense, it shall be an affirmative defense to such charge that the parent safely, reasonably, and knowingly handed the child over to a firefighter, as defined in section 18-3-201(1), or to a hospital staff member who engages in the admission, care, or treatment of patients, when such firefighter is at a fire station or such hospital staff member is at a hospital.



CREDIT(S)


Amended by Laws 1975, H.B.1203, § 15; Laws 1979, H.B.1110, § 8; Laws 1980, H.B.1035, §§ 1, 2; Laws 1985, S.B.42, §§ 1, 2; Laws 1987, S.B.144, § 21; Laws 1989, S.B.29, § 2; Laws 1990, H.B.90-1093, § 6, eff. April 3, 1990; Laws 1991, H.B.91-1229, § 1, eff. May 24, 1991; Laws 1995, H.B.95-1109, § 4, eff. July 1, 1995; Laws 1999, Ch. 216, § 2, eff. May 24, 1999; Laws 2000, Ch. 384, § 1, eff. June 3, 2000; Laws 2001, Ch. 125, § 1, eff. July 1, 2001; Laws 2002, Ch. 318, § 198, eff. Oct. 1, 2002; Laws 2003, Ch. 359, §§ 1, 2, eff. July 1, 2003; Laws 2004, Ch. 200, § 9, eff. Aug. 4, 2004; Laws 2006, Ch. 341, § 4, eff. July 1, 2006; Laws 2006, Ch. 360, § 1, eff. July 1, 2006; Laws 2009, Ch. 343, § 2, eff. July 1, 2009; Laws 2011, Ch. 264, § 33, eff. Aug. 10, 2011.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121






C.R.S.A. § 18-6-401.1



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 4. Wrongs to Children (Refs & Annos)

§ 18-6-401.1. Child abuse--limitation for commencing proceedings--evidence--statutory privilege



(1) For the purposes of this section, “child abuse” means child abuse as defined in section 18-6-401(1).



(2) No person shall be prosecuted, tried, or punished for an act of child abuse other than the misdemeanor offenses specified in section 18-6-401(7)(a)(V), (7)(a)(VI), and (7)(b), unless the indictment, information, complaint, or action for the same is found or instituted within ten years after commission of the offense. No person shall be prosecuted, tried, or punished for the misdemeanor offenses specified in section 18-6-401(7)(a)(V), (7)(a)(VI), and (7)(b), unless the indictment, information, complaint, or action for the same is found or instituted within five years after the commission of the offense.



(3) Out-of-court statements made by a child describing any act of child abuse performed on the child declarant, not otherwise admissible by a statute or court rule which provides an exception to the objection of hearsay, may be admissible in any proceeding in which the child is a victim of an act of child abuse pursuant to the provisions of section 13-25-129, C.R.S.



(4) All cases involving the commission of an act of child abuse shall take precedence before the court; the court shall hear these cases as soon as possible after they are filed.



(5) The statutory privilege between the victim-patient and his physician and between the husband and the wife shall not be available for excluding or refusing testimony in any prosecution of an act of child abuse.



CREDIT(S)


Added by Laws 1985, S.B.42, § 3.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-401.2



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 4. Wrongs to Children (Refs & Annos)

§ 18-6-401.2. Habitual child abusers--indictment or information--verdict of the jury



(1) For the purposes of this section, “child abuse” means child abuse as defined in section 18-6-401(1).



(2) Every person convicted in this state of an act of child abuse who has been previously convicted upon charges prior to the commission of the present act, which were separately brought, either in this state or elsewhere, of an act of child abuse or who has been previously convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would be an act of child abuse shall be adjudged an habitual child abuser. If the second or subsequent act of child abuse for which a defendant is convicted constitutes a class 3 felony under section 18-6-401(7)(a)(II) or a class 4 felony under section 18-6-401(7)(a)(IV), the sentence imposed shall be served in the department of corrections and shall not be less than the upper limit of the presumptive range for that class felony as set out in section 18-1.3-401. If the second or subsequent act of child abuse for which a defendant is convicted constitutes a misdemeanor, the sentence imposed shall be served in the county jail and shall not be less than the maximum sentence for that class misdemeanor as set out in section 18-1.3-501.



(3) Any previous conviction of an act of child abuse shall be set forth in apt words in the complaint, indictment, or information. For purposes of trial, a duly authenticated copy of the record of previous convictions and judgments of any court of record for any of said crimes of the party indicted, charged, or informed against shall be prima facie evidence of such convictions and may be used in evidence against such party. A duly authenticated copy of the records of institutions of treatment or incarceration, including, but not limited to, records pertaining to identification of the party indicted, charged, or informed against, shall be prima facie evidence of the facts contained therein and may be used in evidence against such party.



(4) Any person who is subject to the provisions of this section shall not be eligible for probation or suspension of sentence or deferred prosecution.



(5) The procedures specified in section 18-1.3-803 shall govern in a trial to which the provisions of this section are alleged to apply based on a previous conviction or convictions for an act of child abuse as set out in the complaint, indictment, or information.



CREDIT(S)


Added by Laws 1985, S.B.42, § 3. Amended by Laws 1996, H.B.96-1087, § 19, eff. July 1, 1996; Laws 2002, Ch. 318, § 199, eff. Oct. 1, 2002; Laws 2003, Ch. 199, § 9, eff. April 29, 2003.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-401.3



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 4. Wrongs to Children (Refs & Annos)

§ 18-6-401.3. Video tape depositions--children--victims of child abuse



(1) When a defendant has been charged with an act of child abuse, as defined in section 18-6-401(1), and when the victim at the time of the commission of the act is a child less than fifteen years of age, the prosecution may apply to the court for an order that a deposition be taken of the victim's testimony and that the deposition be recorded and preserved on video tape.



(2) The prosecution shall apply for the order in writing at least three days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition.



(3) Upon timely receipt of the application, the court shall make a preliminary finding regarding whether, at the time of trial, the victim is likely to be medically unavailable or otherwise unavailable within the meaning of rule 804(a) of the Colorado rules of evidence. Such finding shall be based on, but not be limited to, recommendations from the child's therapist or any other person having direct contact with the child, whose recommendations are based on specific behavioral indicators exhibited by the child. If the court so finds, it shall order that the deposition be taken, pursuant to rule 15(d) of the Colorado rules of criminal procedure, and preserved on video tape. The prosecution shall transmit the video tape to the clerk of the court in which the action is pending.



(4) If at the time of trial the court finds that further testimony would cause the victim emotional trauma so that the victim is medically unavailable or otherwise unavailable within the meaning of rule 804(a) of the Colorado rules of evidence, the court may admit the video tape of the victim's deposition as former testimony under rule 804(b)(1) of the Colorado rules of evidence.



(5) Nothing in this section shall prevent the admission into evidence of any videotaped statements of children that would qualify for admission pursuant to section 13-25-129, C.R.S., or any other statute or rule of evidence.



CREDIT(S)


Added by Laws 1985, S.B.42, § 3. Amended by Laws 2000, Ch. 131, § 8, eff. April 24, 2000.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-401.4



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 4. Wrongs to Children (Refs & Annos)

§ 18-6-401.4. Payment of treatment costs for the victim or victims of an act of child abuse



(1) In addition to any other penalty provided by law, the court may order any person who is convicted of an act of child abuse, as defined in section 18-6-401(1), to meet all or any portion of the financial obligations of treatment prescribed for the victim or victims of his offense.



(2) At the time of sentencing, the court may order that an offender described in subsection (1) of this section be put on a period of probation for the purpose of paying the treatment costs of the victim or victims.



CREDIT(S)


Added by Laws 1985, S.B.42, § 3. Amended by Laws 2003, Ch. 134, § 14, eff. April 17, 2003.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-402



Effective: April 21, 2010


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 4. Wrongs to Children (Refs & Annos)

§ 18-6-402. Repealed by Laws 2010, Ch. 156, § 13, eff. April 21, 2010




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-403



Effective: July 1, 2009


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 4. Wrongs to Children (Refs & Annos)

§ 18-6-403. Sexual exploitation of a child



(1) The general assembly hereby finds and declares: That the sexual exploitation of children constitutes a wrongful invasion of the child's right of privacy and results in social, developmental, and emotional injury to the child; that a child below the age of eighteen years is incapable of giving informed consent to the use of his or her body for a sexual purpose; and that to protect children from sexual exploitation it is necessary to prohibit the production of material which involves or is derived from such exploitation and to exclude all such material from the channels of trade and commerce.



(1.5) The general assembly further finds and declares that the mere possession or control of any sexually exploitative material results in continuing victimization of our children by the fact that such material is a permanent record of an act or acts of sexual abuse of a child; that each time such material is shown or viewed, the child is harmed; that such material is used to break down the will and resistance of other children to encourage them to participate in similar acts of sexual abuse; that laws banning the production and distribution of such material are insufficient to halt this abuse; that in order to stop the sexual exploitation and abuse of our children, it is necessary for the state to ban the possession of any sexually exploitative materials; and that the state has a compelling interest in outlawing the possession of any sexually exploitative materials in order to protect society as a whole, and particularly the privacy, health, and emotional welfare of its children.



(2) As used in this section, unless the context otherwise requires:



(a) “Child” means a person who is less than eighteen years of age.



(b) Deleted by Laws 2003, Ch. 291, § 1, eff. July 1, 2003.



(c) “Erotic fondling” means touching a person's clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts, or developing or undeveloped breast area (if the person is a child), for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved. “Erotic fondling” shall not be construed to include physical contact, even if affectionate, which is not for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved.



(d) “Erotic nudity” means the display of the human male or female genitals or pubic area, the undeveloped or developing genitals or pubic area of the human male or female child, the human breasts, or the undeveloped or developing breast area of the human child, for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved.



(e) “Explicit sexual conduct” means sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.



(f) “Masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person's own clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts, or developing or undeveloped breast area (if the person is a child), by manual manipulation or self-induced or with an artificial instrument, for the purpose of real or simulated overt sexual gratification or arousal of the person.



(g) “Sadomasochism” means:



(I) Real or simulated flagellation or torture for the purpose of real or simulated sexual stimulation or gratification; or



(II) The real or simulated condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.



(h) “Sexual excitement” means the real or simulated condition of human male or female genitals when in a state of real or simulated overt sexual stimulation or arousal.



(i) “Sexual intercourse” means real or simulated intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, between persons of the same or opposite sex, or between a human and an animal, or with an artificial genital.



(j) “Sexually exploitative material” means any photograph, motion picture, video, video tape, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct.



(k) “Video”, “video tape”, or “motion picture” means any material that depicts a moving image of a child engaged in, participating in, observing, or being used for explicit sexual conduct.



(3) A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:



(a) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material; or



(b) Prepares, arranges for, publishes, including but not limited to publishing through digital or electronic means, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, or distributes, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or



(b.5) Possesses or controls any sexually exploitative material for any purpose; except that this paragraph (b.5) does not apply to peace officers or court personnel in the performance of their official duties, nor does it apply to physicians, psychologists, therapists, or social workers, so long as such persons are licensed in the state of Colorado and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site; or



(c) Possesses with the intent to deal in, sell, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or



(d) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance.



(4) Deleted by Laws 2003, Ch. 291, § 1, eff. July 1, 2003.



(5)(a) Except as provided in paragraph (b) of this subsection (5), sexual exploitation of a child is a class 3 felony.



(b) Sexual exploitation of a child by possession of sexually exploitative material pursuant to paragraph (b.5) of subsection (3) of this section is a class 6 felony; except that said offense is a class 4 felony if:



(I) It is a second or subsequent offense; or



(II) The possession is of a video, video tape, or motion picture or more than twenty different items qualifying as sexually exploitative material.



(6) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.



CREDIT(S)


Added by Laws 1979, S.B.201, § 1. Amended by Laws 1981, S.B.315, § 1; Laws 1984, H.B.1018, § 1; Laws 1988, H.B.1082, §§ 1 to 4; Laws 1988, H.B.1200, § 18; Laws 1998, Ch. 139, § 3, eff. April 21, 1998; Laws 2003, Ch. 291, § 1, eff. July 1, 2003; Laws 2006, Ch. 359, § 1, eff. July 1, 2006; Laws 2006, Ch. 362, § 7, eff. July 1, 2006; Laws 2009, Ch. 343, § 3, eff. July 1, 2009.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-404



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 4. Wrongs to Children (Refs & Annos)

§ 18-6-404. Procurement of a child for sexual exploitation



Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available, to another person a child for the purpose of sexual exploitation of a child commits procurement of a child for sexual exploitation, which is a class 3 felony.




CREDIT(S)


Added by Laws 1983, S.B.26, § 9.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-405



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 4. Wrongs to Children (Refs & Annos)

§ 18-6-405. Reports of convictions to department of education



(1) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this part 4 and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.



(2) Repealed by Laws 2000, Ch. 353, § 4, eff. June 1, 2000.



CREDIT(S)


Added by Laws 1990, H.B.90-1133, § 9, eff. July 1, 1990. Amended by Laws 1996, H.B.96-1208, § 4, eff. Jan. 1, 1997; Laws 2000, Ch. 353, § 4, eff. June 1, 2000; Laws 2000, Ch. 369, § 34, eff. Aug. 2, 2000.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-501



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 5. Adultery

§ 18-6-501. Adultery



Any sexual intercourse by a married person other than with that person's spouse is adultery, which is prohibited.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


Chapter 1. Criminal Code

Tags:25 LA (1.5%)

Chapter 1. Criminal Code

Part II. Offenses Against the Person

Subpart A-1. Feticide



Current through the 2012 Regular Session.




LSA-R.S. 14:32.5



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part II. Offenses Against the Person

Subpart A-1. Feticide (Refs & Annos)

§ 32.5. Feticide defined; exceptions



A. Feticide is the killing of an unborn child by the act, procurement, or culpable omission of a person other than the mother of the unborn child. The offense of feticide shall not include acts which cause the death of an unborn child if those acts were committed during any abortion to which the pregnant woman or her legal guardian has consented or which was performed in an emergency as defined in R.S. 40:1299.35.12. Nor shall the offense of feticide include acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.




B. Criminal feticide is of three grades:



(1) First degree feticide.



(2) Second degree feticide.



(3) Third degree feticide.




 CREDIT(S)



Added by Acts 1989, No. 777, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:32.6



Effective: August 15, 2006



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part II. Offenses Against the Person

Subpart A-1. Feticide (Refs & Annos)

§ 32.6. First degree feticide



A. First degree feticide is:




(1) The killing of an unborn child when the offender has a specific intent to kill or to inflict great bodily harm.



(2) The killing of an unborn child when the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, assault by drive-by shooting, aggravated escape, armed robbery, first degree robbery, second degree robbery, cruelty to juveniles, second degree cruelty to juveniles, terrorism, or simple robbery, even though he has no intent to kill or inflict great bodily harm.



B. Whoever commits the crime of first degree feticide shall be imprisoned at hard labor for not more than fifteen years.




 CREDIT(S)



Added by Acts 1989, No. 777, § 1. Amended by Acts 2004, No. 650, § 1; Acts 2006, No. 144, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:32.7



Effective:[See Text Amendments]



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part II. Offenses Against the Person

Subpart A-1. Feticide (Refs & Annos)

§ 32.7. Second degree feticide



A. Second degree feticide is:




(1) The killing of an unborn child which would be first degree feticide, but the offense is committed in sudden passion or heat of blood immediately caused by provocation of the mother of the unborn child sufficient to deprive an average person of his self control and cool reflection. Provocation shall not reduce a first degree feticide to second degree feticide if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed.



(2) A feticide committed without any intent to cause death or great bodily harm:



(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 32.6 (first degree feticide), or of any intentional misdemeanor directly affecting the person; or



(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be first degree feticide under Article 32.6.



B. Whoever commits the crime of second degree feticide shall be imprisoned at hard labor for not more than ten years.




 CREDIT(S)



Added by Acts 1989, No. 777, § 1.



Current through the 2012 Regular Session.




LSA-R.S. 14:32.8



Effective: June 7, 2012



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part II. Offenses Against the Person

Subpart A-1. Feticide (Refs & Annos)

§ 32.8. Third degree feticide



A. Third degree feticide is:




(1) The killing of an unborn child by criminal negligence. The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.



(2) The killing of an unborn child caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, vessel, or other means of conveyance whether or not the offender had the intent to cause death or great bodily harm whenever any of the following conditions exist and such condition was a contributing factor to the killing:



(a) The offender is under the influence of alcoholic beverages as determined by chemical tests administered under the provisions of R.S. 32:662.



(b) The offender's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.



(c) The offender is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.



(d) The offender is under the influence of alcoholic beverages.



(e)(i) The offender is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.



(ii) It shall be an affirmative defense to any charge under this Subparagraph that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol.



(f) The offender is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is caused by the offender's knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.



(g) The operator's blood has any detectable amount of any controlled dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S. 40:964, or a metabolite of such controlled dangerous substance, that has not been medically ordered or prescribed for the individual.



B. Whoever commits the crime of third degree feticide shall be fined not less than two thousand dollars and shall be imprisoned with or without hard labor for not more than five years.




 CREDIT(S)



Added by Acts 1989, No. 777, § 1. Amended by Acts 2001, No. 781, § 1, eff. Sept. 30, 2003; Acts 2006, No. 131, § 1; Acts 2008, No. 451, § 2, eff. June 25, 2008; Acts 2012, No. 662, § 1, eff. June 7, 2012.



DATE EFFECTIVE AND POTENTIAL NULLITY--ACTS 2001, NO. 781



<Sections 5 and 6 of Acts 2001, No. 781 (§ 1 of which amends subpar. (A)(2)(b) of this section) provide:>



<“Section 5. This Act shall become effective on September 30, 2003; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on September 30, 2003, or on the day following such approval by the legislature, whichever is later.>



<“Section 6. Notwithstanding the provisions of Section 5 of this Act, the provisions of this Act shall become null and of no effect if and when Section 351 of P.L. 106-346 regarding the withholding of federal highway funds for failure to enact a 0.08 percent blood alcohol level is repealed or invalidated for any reason.”>



<Sections 5 and 6 of Acts 2001, No. 781 were amended by Acts 2001, No. 1163, § 3, but the amendment did not affect the provisions of this section.>



Current through the 2012 Regular Session.




LSA-R.S. 14:32.9



Effective: August 1, 2012



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part II. Offenses Against the Person

Subpart A-1. Feticide (Refs & Annos)

§ 32.9. Criminal abortion



A. Criminal abortion is an abortion performed, with or without the consent of the pregnant woman or her legal guardian, that results in the death of an unborn child when the abortion is performed by any individual who is not a physician licensed by the state of Louisiana.




B. As used in this Section:



(1) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to:



(a) Save the life or preserve the health of an unborn child.



(b) Remove a dead unborn child or induce delivery of the uterine contents in case of a positive diagnosis, certified in writing in the woman's medical record along with the results of an obstetric ultrasound test, that the pregnancy has ended or is in the unavoidable and untreatable process of ending due to spontaneous miscarriage, also known in medical terminology as spontaneous abortion, missed abortion, inevitable abortion, incomplete abortion, or septic abortion.



(c) Remove an ectopic pregnancy.



(2) “Physician” means a natural person who is the holder of an allopathic (M.D.) degree or an osteopathic (D.O.) degree from a medical college in good standing with the Louisiana State Board of Medical Examiners who holds a license, permit, certification, or registration issued by the Louisiana State Board of Medical Examiners to engage in the practice of medicine in this state.



(3) “Unborn child” means the unborn offspring of human beings from the moment of conception through pregnancy and until live birth.



C. Any person who knowingly performs an abortion in violation of this Section shall be imprisoned at hard labor for not less than one nor more than five years, fined not less than five thousand nor more than fifty thousand dollars, or both.



D. Statutory Construction. None of the following shall be construed to create the crime of criminal abortion:



(1) Any action taken when a physician or other licensed medical professional is acting in the course of administering lawful medical care and an unborn child dies.



(2) Any act taken or omission by a pregnant woman with regard to her own unborn child.




 CREDIT(S)



Added by Acts 2012, No. 646, § 1.



CONSTRUCTION AND LEGISLATIVE INTENT--ACTS 2012, NO. 646



<Section 2 of Acts 2012, No. 646 provides:>



<“Section 2. Nothing in this Act shall be construed as creating or recognizing a right to abortion. It is not the intention of this Act to make lawful an abortion that is currently unlawful. Nothing in this Act shall be construed to preclude a prosecution under any other section or provision of the law.”>



Current through the 2012 Regular Session.




LSA-R.S. 14:32.9.1



Effective: August 1, 2012



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part II. Offenses Against the Person

Subpart A-1. Feticide (Refs & Annos)

§ 32.9.1. Aggravated criminal abortion by dismemberment



A. Aggravated criminal abortion by dismemberment is the commission of a criminal abortion, as defined in R.S. 14:32.9(A), when the unborn child is intentionally dismembered, whether the act of dismemberment was in the course of or following the death of the unborn child.




B. As used in this Section:



(1) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to:



(a) Save the life or preserve the health of an unborn child.



(b) Remove a dead unborn child or induce delivery of the uterine contents in case of a positive diagnosis, certified in writing in the woman's medical record along with the results of an obstetric ultrasound test, that the pregnancy has ended or is in the unavoidable and untreatable process of ending due to spontaneous miscarriage, also known in medical terminology as spontaneous abortion, missed abortion, inevitable abortion, incomplete abortion, or septic abortion.



(c) Remove an ectopic pregnancy.



(2) “Dismembered” or “dismemberment” means the use of a clamp, forceps, curette, suction cannula, or any other surgical tool or instrument with the intent to disarticulate the head or limbs from the body of the unborn child during an abortion, including but not limited to the common abortion methods known as suction curettage and dilation and evacuation.



(3) “Physician” means a natural person who is the holder of an allopathic (M.D.) degree or an osteopathic (D.O.) degree from a medical college in good standing with the Louisiana State Board of Medical Examiners who holds a license, permit, certification, or registration issued by the Louisiana State Board of Medical Examiners to engage in the practice of medicine in this state.



(4) “Unborn child” means the unborn offspring of human beings from the moment of conception through pregnancy and until live birth.



C. Any person who knowingly performs an abortion in violation of this Section shall be imprisoned at hard labor for not less than one nor more than ten years, fined not less than ten thousand nor more than one hundred thousand dollars, or both.



D. Exceptions. None of the following shall be construed to create the crime of criminal abortion:



(1) Any action taken when a physician or other licensed medical professional is acting in the course of administering lawful medical care and an unborn child dies.



(2) Any act taken or omission by a pregnant woman with regard to her own unborn child.




 CREDIT(S)



Added by Acts 2012, No. 646, § 1.



CONSTRUCTION AND LEGISLATIVE INTENT--ACTS 2012, NO. 646



<Section 2 of Acts 2012, No. 646 provides:>



<“Section 2. Nothing in this Act shall be construed as creating or recognizing a right to abortion. It is not the intention of this Act to make lawful an abortion that is currently unlawful. Nothing in this Act shall be construed to preclude a prosecution under any other section or provision of the law.”>



Current through the 2012 Regular Session.




LSA-R.S. 14:32.10



Effective: July 12, 2007



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part II. Offenses Against the Person

Subpart A-1. Feticide (Refs & Annos)

§ 32.10. Partial birth abortion



A. As used in this Section, the following definitions shall apply unless otherwise indicated:




(1) “Partial birth abortion” means an abortion in which:



(a) The person performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus.



(b) The person performing the abortion performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.



(2) “Physician” means a natural person who is the holder of an allopathic (M.D.) degree or an osteopathic (D.O.) degree from a medical college in good standing with the Louisiana State Board of Medical Examiners who holds a license, permit, certification, or registration issued by the Louisiana State Board of Medical Examiners to engage in the practice of medicine in this state. For the purposes of this Paragraph, “the practice of medicine” means the holding out of one's self to the public as being engaged in the business of, or the actual engagement in, the diagnosing, treating, curing, or relieving of any bodily or mental disease, condition, infirmity, deformity, defect, ailment, or injury in any human being, other than himself, whether by the use of any drug, instrument or force, whether physical or psychic, or of what other nature, or any other agency or means; or the examining, either gratuitously or for compensation, of any person or material from any person for such purpose whether such drug, instrument, force, or other agency or means is applied to or used by the patient or by another person; or the attending of a woman in childbirth without the aid of a licensed physician or midwife.



B. This Section does not apply to a partial birth abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.



C. Notwithstanding any provision of law to the contrary, a woman upon whom the partial birth abortion is performed shall not be subject to prosecution for a violation of this Section as a principal, accessory, or coconspirator thereto.



D. Any person who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial birth abortion, shall be subject to the provisions of this Section.



E. Any physician or person who knowingly performs a partial birth abortion and thereby kills a human fetus shall be imprisoned at hard labor for not less than one nor more than ten years, fined not less than ten thousand nor more than one hundred thousand dollars, or both.



F. (1) A physician charged with an offense under this Section may seek a hearing before the Louisiana State Board of Medical Examiners on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.



(2) The findings on that issue are admissible on that issue at the trial of the physician. Upon motion of the physician, the court shall delay the beginning of the trial for not more than thirty days to permit such hearing to take place.




 CREDIT(S)



Added by Acts 2007, No. 473, § 1, eff. July 12, 2007.



Current through the 2012 Regular Session.




LSA-R.S. 14:32.11



Effective: July 12, 2007



West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part II. Offenses Against the Person

Subpart A-1. Feticide (Refs & Annos)

§ 32.11. Partial birth abortion



A. Any physician who knowingly performs a partial birth abortion and thereby kills a human fetus shall be imprisoned at hard labor for not less than one nor more than ten years, fined not less than ten thousand nor more than one hundred thousand dollars, or both. This Section shall 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, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.




B. For purposes of this Section, the following words have the following meanings:



(1) “Partial birth abortion” means an abortion in which:



(a) The person performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and



(b) Performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.



(2) “Physician” means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state in which the doctor performs such activity, or any other individual legally authorized by this state to perform abortions, provided, however, that any individual who is not a physician or not otherwise legally authorized by this state to perform abortions, but who nevertheless directly performs a partial birth abortion, shall be subject to the provisions of this Section.



C. (1) A defendant charged with an offense under this Section may seek a hearing before the Louisiana State Board of Medical Examiners on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. The report of the board shall be discoverable.



(2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty days to permit such a hearing to take place.



D. A woman upon whom a partial birth abortion is performed shall not be subject to prosecution for a violation of this Section as a principal, accessory, or coconspirator thereto.




 CREDIT(S)



Added by Acts 2007, No. 477, § 1, eff. July 12, 2007.



Current through the 2012 Regular Session.



Chapter 25. Offenses Against the Family

Tags:02 TX (8.3%)

V.T.C.A., Penal Code § 25.01

Effective: September 1, 2011


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.01. Bigamy


(a) An individual commits an offense if:


(1) he is legally married and he:


(A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage; or


(B) lives with a person other than his spouse in this state under the appearance of being married; or


(2) he knows that a married person other than his spouse is married and he:


(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person's prior marriage, constitute a marriage; or


(B) lives with that person in this state under the appearance of being married.


(b) For purposes of this section, “under the appearance of being married” means holding out that the parties are married with cohabitation and an intent to be married by either party.


(c) It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed at the time of the commission of the offense that the actor and the person whom the actor married or purported to marry or with whom the actor lived under the appearance of being married were legally eligible to be married because the actor's prior marriage was void or had been dissolved by death, divorce, or annulment. For purposes of this subsection, an actor's belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court.


(d) For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage.


(e) An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is:


(1) 17 years of age, the offense is a felony of the second degree; or


(2) 16 years of age or younger, the offense is a felony of the first degree.


CREDIT(S)


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 268, § 4.03, eff. Sept. 1, 2005; Acts 2011, 82nd Leg., ch. 222 (H.B. 253), § 4, eff. Sept. 1, 2011.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.02

Effective: September 1, 2009


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.02. Prohibited Sexual Conduct


(a) A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:


(1) the actor's ancestor or descendant by blood or adoption;


(2) the actor's current or former stepchild or stepparent;


(3) the actor's parent's brother or sister of the whole or half blood;


(4) the actor's brother or sister of the whole or half blood or by adoption;


(5) the children of the actor's brother or sister of the whole or half blood or by adoption; or


(6) the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.


(b) For purposes of this section:


(1) “Deviate sexual intercourse” means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.


(2) “Sexual intercourse” means any penetration of the female sex organ by the male sex organ.


(c) An offense under this section is a felony of the third degree, unless the offense is committed under Subsection (a)(1), in which event the offense is a felony of the second degree.


CREDIT(S)


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 268, § 4.04, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 673, § 1, eff. Sept. 1, 2009.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.03

Effective: September 1, 2011


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.03. Interference With Child Custody


(a) A person commits an offense if the person takes or retains a child younger than 18 years of age :


(1) when the person knows that the person's taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child's custody;


(2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or


(3) outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.


(b) A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.


(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, within three days after the date of the commission of the offense.


(c-1) It is an affirmative defense to prosecution under Subsection (a)(3) that:


(1) the taking or retention of the child was pursuant to a valid order providing for possession of or access to the child; or


(2) notwithstanding any violation of a valid order providing for possession of or access to the child, the actor's retention of the child was due only to circumstances beyond the actor's control and the actor promptly provided notice or made reasonable attempts to provide notice of those circumstances to the other person entitled to possession of or access to the child.


(c-2) Subsection (a)(3) does not apply if, at the time of the offense, the person taking or retaining the child:


(1) was entitled to possession of or access to the child; and


(2) was fleeing the commission or attempted commission of family violence, as defined by Section 71.004, Family Code, against the child or the person.


(d) An offense under this section is a state jail felony.


CREDIT(S)


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1111, ch. 527, § 1, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 444, § 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 830, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 332, § 1, eff. May 24, 2001; Acts 2007, 80th Leg., ch. 272, § 1, eff. Sept. 1, 2007; Acts 2011, 82nd Leg., ch. 840 (H.B. 3439), § 2, eff. Sept. 1, 2011; Acts 2011, 82nd Leg., ch. 1100 (S.B. 1551), § 3, eff. Sept. 1, 2011.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.031

Effective: September 1, 2007


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.031. Agreement to Abduct From Custody


(a) A person commits an offense if the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order, including a temporary order, or under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order, including a temporary order.


(b) An offense under this section is a state jail felony.


CREDIT(S)


Added by Acts 1987, 70th Leg., ch. 444, § 3, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2007, 80th Leg., ch. 272, § 2, eff. Sept. 1, 2007.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.04

Effective:[See Text Amendments]


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.04. Enticing a Child


(a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.


(b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree.


CREDIT(S)


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 685, § 7, eff. Sept. 1, 1999.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.05

Effective: May 25, 2001


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.05. Criminal Nonsupport


(a) An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual's child younger than 18 years of age, or for the individual's child who is the subject of a court order requiring the individual to support the child.


(b) For purposes of this section, “child” includes a child born out of wedlock whose paternity has either been acknowledged by the actor or has been established in a civil suit under the Family Code or the law of another state.


(c) Under this section, a conviction may be had on the uncorroborated testimony of a party to the offense.


(d) It is an affirmative defense to prosecution under this section that the actor could not provide support for the actor's child.


(e) The pendency of a prosecution under this section does not affect the power of a court to enter an order for child support under the Family Code.


(f) An offense under this section is a state jail felony.


CREDIT(S)


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 73, § 13, eff. Nov. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 375, § 1, eff. May 25, 2001.


VALIDITY


<Subsection (d) [formerly subsec. (f)] of this section was declared unconstitutional by Lowry v. State, 671 S.W.2d 601 (1984).>


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.06

Effective:[See Text Amendments]


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.06. Harboring Runaway Child


(a) A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child:


(1) is younger than 18 years; and


(2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child's home without the consent of the child's parent or guardian for a substantial length of time or without the intent to return.


(b) It is a defense to prosecution under this section that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code.


(c) It is a defense to prosecution under this section that the actor notified:


(1) the person or agency from which the child escaped or a law enforcement agency of the presence of the child within 24 hours after discovering that the child had escaped from custody; or


(2) a law enforcement agency or a person at the child's home of the presence of the child within 24 hours after discovering that the child was voluntarily absent from home without the consent of the child's parent or guardian.


(d) An offense under this section is a Class A misdemeanor.


(e) On the receipt of a report from a peace officer, probation officer, the Texas Youth Council, a foster home, or a detention facility for children that a child has escaped its custody or upon receipt of a report from a parent, guardian, conservator, or legal custodian that a child is missing, a law enforcement agency shall immediately enter a record of the child into the National Crime Information Center.


CREDIT(S)


Added by Acts 1979, 66th Leg., p. 1155, ch. 558, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4750, ch. 831, p. 4750, § 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 561, § 40, eff. Aug. 26, 1991. Renumbered from V.T.C.A., Penal Code § 25.07 by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.07

Effective: September 1, 2011


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.07. Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case


(a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:


(1) commits family violence or an act in furtherance of an offense under Section 22.011, 22.021, or 42.072;


(2) communicates:


(A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;


(B) a threat through any person to a protected individual or a member of the family or household; or


(C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;


(3) goes to or near any of the following places as specifically described in the order or condition of bond:


(A) the residence or place of employment or business of a protected individual or a member of the family or household; or


(B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;


(4) possesses a firearm; or


(5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order.


(b) For the purposes of this section:


(1) “Family violence,” “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.


(2) “Firearm” has the meaning assigned by Chapter 46.


(3) “Assistance animal” has the meaning assigned by Section 121.002, Human Resources Code.


(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.


(d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.


(e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.


(f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.


(g) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the order or condition of bond by committing an assault or the offense of stalking, in which event the offense is a third degree felony.


CREDIT(S)


Added by Acts 1983, 68th Leg., p. 4049, ch. 631, § 3, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 583, § 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 170, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 677, § 8, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 614, §§ 23 to 26, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 739, §§ 4 to 7, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 366, § 2, eff. Sept. 1, 1991. Renumbered from V.T.C.A., Penal Code § 25.08 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 658, §§ 2, 3, eff. June 14, 1995; Acts 1995, 74th Leg., ch. 660, §§ 1, 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1024, § 23, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, § 2, eff. Jan. 28, 1997; Acts 1997, 75th Leg., ch. 1193, § 21, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 15.02(c), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 23, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 134, § 1, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 66, § 2, eff. May 11, 2007; Acts 2007, 80th Leg., ch. 1113, §§ 1, 2, eff. Jan. 1, 2008; Acts 2009, 81st Leg., ch. 87, § 19.001, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 136 (S.B. 279), §§ 3, 4, eff. Sept. 1, 2011.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.071

Effective: September 1, 2001


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.071. Violation of Protective Order Preventing Offense Caused by Bias or Prejudice


(a) A person commits an offense if, in violation of an order issued under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally:


(1) commits an offense under Title 5 [FN1] or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;


(2) communicates:


(A) directly with a protected individual in a threatening or harassing manner;


(B) a threat through any person to a protected individual; or


(C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or


(3) goes to or near the residence or place of employment or business of a protected individual.


(b) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.


(c) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.


(d) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault, in which event the offense is a third degree felony.


CREDIT(S)


Added by Acts 2001, 77th Leg., ch. 85, § 3.02, eff. Sept. 1, 2001.


[FN1] V.T.C.A., Penal Code § 19.01 et seq.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.08

Effective: September 1, 2011


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.08. Sale or Purchase of Child


(a) A person commits an offense if he:


(1) possesses a child younger than 18 years of age or has the custody, conservatorship, or guardianship of a child younger than 18 years of age, whether or not he has actual possession of the child, and he offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another or for the possession of the child by another for purposes of adoption; or


(2) offers to give, agrees to give, or gives a thing of value to another for acquiring or maintaining the possession of a child for the purpose of adoption.


(b) It is an exception to the application of this section that the thing of value is:


(1) a fee or reimbursement paid to a child-placing agency as authorized by law;


(2) a fee paid to an attorney, social worker, mental health professional, or physician for services rendered in the usual course of legal or medical practice or in providing adoption counseling;


(3) a reimbursement of legal or medical expenses incurred by a person for the benefit of the child; or


(4) a necessary pregnancy-related expense paid by a child-placing agency for the benefit of the child's parent during the pregnancy or after the birth of the child as permitted by the minimum standards for child-placing agencies and Department of Protective and Regulatory Services rules.


(c) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor commits the offense with intent to commit an offense under Section 20A.02, 43.02, 43.05, or 43.25.


CREDIT(S)


Added by Acts 1977, 65th Leg., p. 81, ch. 38, § 1, eff. March 30, 1977. Amended by Acts 1981, 67th Leg., p. 2211, ch. 514, § 1, eff. Sept. 1, 1981. Renumbered from V.T.C.A., Penal Code § 25.06 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(44). Renumbered from V.T.C.A., Penal Code § 25.11 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 134, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1005, § 3, eff. Sept. 1, 2003; Acts 2011, 82nd Leg., ch. 515 (H.B. 2014), § 4.01, eff. Sept. 1, 2011.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.09

Effective:[See Text Amendments]


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.09. Advertising for Placement of Child


(a) A person commits an offense if the person advertises in the public media that the person will place a child for adoption or will provide or obtain a child for adoption.


(b) This section does not apply to a licensed child-placing agency that is identified in the advertisement as a licensed child-placing agency.


(c) An offense under this section is a Class A misdemeanor unless the person has been convicted previously under this section, in which event the offense is a felony of the third degree.


(d) In this section:


(1) “Child” has the meaning assigned by Section 101.003, Family Code.


(2) “Public media” has the meaning assigned by Section 38.01. The term also includes communications through the use of the Internet or another public computer network.


CREDIT(S)


Added by Acts 1997, 75th Leg., ch. 561, § 31, eff. Sept. 1, 1997.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.10

Effective: September 1, 2003


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.10. Interference with Rights of Guardian of the Person


(a) In this section:


(1) “Possessory right” means the right of a guardian of the person to have physical possession of a ward and to establish the ward's legal domicile, as provided by Section 767(1), Texas Probate Code.


(2) “Ward” has the meaning assigned by Section 601, Texas Probate Code.


(b) A person commits an offense if the person takes, retains, or conceals a ward when the person knows that the person's taking, retention, or concealment interferes with a possessory right with respect to the ward.


(c) An offense under this section is a state jail felony.


(d) This section does not apply to a governmental entity where the taking, retention, or concealment of the ward was authorized by Subtitle E, Title 5, Family Code, [FN1]or Chapter 48, Human Resources Code.


CREDIT(S)


Added by Acts 2003, 78th Leg., ch. 549, § 32, eff. Sept. 1, 2003.


[FN1] V.T.C.A., Family Code § 261.001 et seq.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



V.T.C.A., Penal Code § 25.11

Effective: September 1, 2009


Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.11. Continuous Violence Against the Family


(a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71. 0021(b), 71.003, or 71.005, Family Code.


(b) If the jury is the trier of fact, members of the jury are not required to agree unanimously on the specific conduct in which the defendant engaged that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a) or the exact date when that conduct occurred. The jury must agree unanimously that the defendant, during a period that is 12 months or less in duration, two or more times engaged in conduct that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a).


(c) A defendant may not be convicted in the same criminal action of another offense the victim of which is an alleged victim of the offense under Subsection (a) and an element of which is any conduct that is alleged as an element of the offense under Subsection (a) unless the other offense:


(1) is charged in the alternative;


(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or


(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).


(d) A defendant may not be charged with more than one count under Subsection (a) if all of the specific conduct that is alleged to have been engaged in is alleged to have been committed against a single victim or members of the same household, as defined by Section 71.005, Family Code.


(e) An offense under this section is a felony of the third degree.


CREDIT(S)


Added by Acts 2009, 81st Leg., ch. 665, § 1, eff. Sept. 1, 2009.


Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature



Chapter 61. Crimes and Their Punishment

Tags:38 WV (0.6%)

W. Va. Code, § 61-8D-1


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-1. Definitions


In this article, unless a different meaning plainly is required:


(1) “Abuse” means the infliction upon a minor of physical injury by other than accidental means.


(2) “Child” means any person under eighteen years of age not otherwise emancipated by law.


(3) “Controlled substance” means controlled substance as that term is defined in subsection (d), section one hundred one, article one, chapter sixty-a of this code.


(4) “Custodian” means a person over the age of fourteen years who has or shares actual physical possession or care and custody of a child on a full-time or temporary basis, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceeding. “Custodian” shall also include, but not be limited to, the spouse of a parent, guardian or custodian, or a person cohabiting with a parent, guardian or custodian in the relationship of husband and wife, where such spouse or other person shares actual physical possession or care and custody of a child with the parent, guardian or custodian.


(5) “Guardian” means a person who has care and custody of a child as the result of any contract, agreement or legal proceeding.


(6) “Neglect” means the unreasonable failure by a parent, guardian, or any person voluntarily accepting a supervisory role towards a minor child to exercise a minimum degree of care to assure said minor child's physical safety or health.


(7) “Parent” means the biological father or mother of a child, or the adoptive mother or father of a child.


(8) “Sexual contact” means sexual contact as that term is defined in section one, article eight-b, chapter sixty-one of this code.


(9) “Sexual exploitation” means an act whereby:


(A) A parent, custodian, guardian or other person in a position of trust to a child, whether for financial gain or not, persuades, induces, entices or coerces the child to engage in sexually explicit conduct as that term is defined in section one, article eight-c, chapter sixty-one of this code; or


(B) A parent, guardian, custodian or other person in a position of trust in relation to a child persuades, induces, entices or coerces the child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian, person in a position of trust or a third person, or to display his or her sex organs under circumstances in which the parent, guardian, custodian or other person in a position of trust knows such display is likely to be observed by others who would be affronted or alarmed.


(10) “Sexual intercourse” means sexual intercourse as that term is defined in section one, article eight-b, chapter sixty-one of this code.


(11) “Sexual intrusion” means sexual intrusion as that term is defined in section one, article eight-b, chapter sixty-one of this code.


(12) A “person in a position of trust in relation to a child” refers to any person who is acting in the place of a parent and charged with any of a parent's rights, duties or responsibilities concerning a child or someone responsible for the general supervision of a child's welfare, or any person who by virtue of their occupation or position is charged with any duty or responsibility for the health, education, welfare, or supervision of the child.


CREDIT(S)


Acts 1988, c. 42; Acts 2005, c. 74, eff. 90 days after April 9, 2005.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-2


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-2. Murder of a child by a parent, guardian or custodian or other person by refusal or failure to supply necessities, or by delivery, administration or ingestion of a controlled substance; penalties


(a) If any parent, guardian or custodian shall maliciously and intentionally cause the death of a child under his or her care, custody or control by his or her failure or refusal to supply such child with necessary food, clothing, shelter or medical care, then such parent, guardian or custodian shall be guilty of murder in the first degree.


(b) If any parent, guardian or custodian shall cause the death of a child under his or her care, custody or control by knowingly allowing any other person to maliciously and intentionally fail or refuse to supply such child with necessary food, clothing, shelter or medical care, then such other person and such parent, guardian or custodian shall each be guilty of murder in the first degree.


(c) The penalty for offenses defined by this section shall be that which is prescribed for murder in the first degree under the provisions of section two, article two of this chapter.


(d) The provisions of this section shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member.


CREDIT(S)


Acts 1988, c. 42.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-2a


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-2a. Death of a child by a parent, guardian or custodian or other person by child abuse; criminal penalties


(a) If any parent, guardian or custodian shall maliciously and intentionally inflict upon a child under his or her care, custody or control substantial physical pain, illness or any impairment of physical condition by other than accidental means, thereby causing the death of such child, then such parent, guardian or custodian shall be guilty of a felony.


(b) If any parent, guardian or custodian shall knowingly allow any other person to maliciously and intentionally inflict upon a child under the care, custody or control of such parent, guardian or custodian substantial physical pain, illness or any impairment of physical condition by other than accidental means, which thereby causes the death of such child, then such other person and such parent, guardian or custodian shall each be guilty of a felony.


(c) Any person convicted of a felony described in subsection (a) or (b) of this section shall be punished by a definite term of imprisonment in the penitentiary which is not less than ten nor more than forty years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of ten years of his or her sentence or the minimum period required by the provisions of section thirteen, article twelve, chapter sixty-two of this code, whichever is greater.


(d) The provisions of this section shall not apply to any parent, guardian or custodian or other person who, without malice, fails or refuses, or allows another person to, without malice, fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member. The provisions of this section shall not apply to any health care provider who fails or refuses, or allows another person to fail or refuse, to supply a child with necessary medical care when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which the parent, guardian or custodian of the child is an adherent or member, or where such failure or refusal is pursuant to a properly executed do not resuscitate form.


CREDIT(S)


Acts 1994, 1st Ex. Sess., c. 21.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-3


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-3. Child abuse resulting in injury; child abuse or neglect creating risk of injury; criminal penalties


(a) If any parent, guardian or custodian shall abuse a child and by such abuse cause such child bodily injury as such term is defined in section one, article eight-b of this chapter, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars and committed to the custody of the division of corrections for not less than one nor more than five years, or in the discretion of the court, be confined in the county or regional jail for not more than one year.


(b) If any parent, guardian or custodian shall abuse a child and by such abuse cause said child serious bodily injury as such term is defined in section one, article eight-b of this chapter, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than one thousand nor more than five thousand dollars and committed to the custody of the division of corrections not less than two nor more than ten years.


(c) Any person who abuses a child and by the abuse creates a substantial risk of serious bodily injury or of death to the child is guilty of a felony and, upon conviction thereof, shall be fined not more than three thousand dollars and confined to the custody of the division of corrections for not less than one nor more than five years.


CREDIT(S)


Acts 1988, c. 42; Acts 1992, c. 51; Acts 1996, c. 106, eff. 90 days after March 9, 1996.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-3a


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-3a. Female genital mutilation; penalties; definitions


(a) Except as otherwise provided in subsection (b) of this section, any person who circumcises, excises or infibulates, in whole or in part, the labia majora, labia minora or clitoris of a female under the age of eighteen, or any parent, guardian or custodian of a female under the age of eighteen who allows the circumcision, excision or infibulation, in whole or in part, of such female's labia majora, labia minora or clitoris, shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than ten years and fined not less than one thousand dollars nor more than five thousand dollars.


(b) A surgical procedure is not a violation of this section if the procedure:


(1) Is necessary to preserve the health of the child on whom it is performed and is performed by a licensed medical professional authorized to practice medicine in this state; or


(2) The procedure is performed on a child who is in labor or has just given birth and is performed for legitimate medical purposes connected with that labor or birth by a licensed medical professional authorized to practice medicine in this state.


(c) A person's belief that the conduct described in subsection (a) of this section: (i) Is required as a matter of custom, ritual or standard practice; or (ii) was consented to by the female on which the circumcision, excision or infibulation was performed shall not constitute a defense to criminal prosecution under subsection (a) of this section.


CREDIT(S)


Acts 1999, c. 78, eff. 90 days after Feb. 23, 1999.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-4


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-4. Child neglect resulting in injury; child neglect creating risk of injury; criminal penalties


(a) If any parent, guardian or custodian shall neglect a child and by such neglect cause said child bodily injury, as such term is defined in section one, article eight-b of this chapter, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars or committed to the custody of the division of corrections for not less than one nor more than three years, or in the discretion of the court, be confined in the county jail for not more than one year, or both such fine and confinement or imprisonment.


(b) If any parent, guardian or custodian shall neglect a child and by such neglect cause said child serious bodily injury, as such term is defined in section one, article eight-b of this chapter, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than three hundred nor more than three thousand dollars or committed to the custody of the division of corrections for not less than one nor more than ten years, or both such fine and imprisonment.


(c) The provisions of this section shall not apply if the neglect by the parent, guardian or custodian is due primarily to a lack of financial means on the part of such parent, guardian or custodian.


(d) The provisions of this section shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member.


(e) Any person who grossly neglects a child and by the gross neglect creates a substantial risk of serious bodily injury or of death to the child is guilty of a felony and, upon conviction thereof, shall be fined not more than three thousand dollars and confined to the custody of the division of corrections for not less than one nor more than five years.


CREDIT(S)


Acts 1988, c. 42; Acts 1992, c. 51; Acts 1996, c. 106, eff. 90 days after March 9, 1996.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-4a


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-4a. Child neglect resulting in death; criminal penalties


(a) If any parent, guardian or custodian shall neglect a child under his or her care, custody or control and by such neglect cause the death of said child, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars or committed to the custody of the division of corrections for not less than three nor more than fifteen years, or both such fine and imprisonment.


(b) No child who in lieu of medical treatment was under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing with a reasonable proven record of success shall, for that reason alone, be considered to have been neglected within the provisions of this section. A method of religious healing shall be presumed to be a recognized method of religious healing if fees and expenses incurred in connection with such treatment are permitted to be deducted from taxable income as “medical expenses” pursuant to regulations or rules promulgated by the United States internal revenue service.


(c) A child whose parent, guardian or legal custodian has inhibited or interfered with the provision of medical treatment in accordance with a court order may be considered to have been neglected for the purposes of this section.


CREDIT(S)


Acts 1997, c. 75, eff. 90 days after April 12, 1997.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-5


Effective: June 11, 2010


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-5. Sexual abuse by a parent, guardian, custodian or person in a position of trust to a child; parent, guardian, custodian or person in a position of trust allowing sexual abuse to be inflicted upon a child; displaying of sex organs by a parent, guardian, or custodian; penalties


(a) In addition to any other offenses set forth in this code, the Legislature hereby declares a separate and distinct offense under this subsection, as follows: If any parent, guardian or custodian of or other person in a position of trust in relation to a child under his or her care, custody or control, shall engage in or attempt to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with, a child under his or her care, custody or control, notwithstanding the fact that the child may have willingly participated in such conduct, or the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than ten nor more than twenty years, or fined not less than $500 nor more than $5,000 and imprisoned in a correctional facility not less than ten years nor more than twenty years.


(b) Any parent, guardian, custodian or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of such parent, guardian, custodian or person in a position of trust when such child is less than sixteen years of age, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than five years nor more than fifteen years, or fined not less than $1,000 nor more than $10,000 and imprisoned in a correctional facility not less than five years nor more than fifteen years.


(c) Any parent, guardian, custodian or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of such parent, guardian, custodian or person in a position of trust when such child is sixteen years of age or older, notwithstanding the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than one year nor more than five years.


(d) The provisions of this section shall not apply to a custodian or person in a position of trust whose age exceeds the age of the child by less than four years.


CREDIT(S)


Acts 1988, c. 42; Acts 1991, c. 41; Acts 1998, c. 117, eff. 90 days after March 14, 1998; Acts 2005, c. 74, eff. 90 days after April 9, 2005; Acts 2010, c. 48, eff. June 11, 2010.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-6


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-6. Sending, distributing, exhibiting, possessing, displaying or transporting material by a parent, guardian or custodian, depicting a child engaged in sexually explicit conduct; penalty


Any parent, guardian or custodian who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses, displays or transports, any material visually portraying a child under his or her care, custody or control engaged in any sexually explicit conduct, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than two years, and fined not less than four hundred dollars nor more than four thousand dollars.


CREDIT(S)


Acts 1988, c. 42.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-7


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-7. Presentation of false information regarding child's injuries; penalty


Any person who presents false information concerning acts or conduct which would constitute an offense under the provisions of this article to attending medical personnel shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars, and shall be confined in the county jail not more than one year.


CREDIT(S)


Acts 1988, c. 42.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-8


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-8. Testimony of husband and wife


Husband and wife are competent witnesses in any proceeding under this article and cannot refuse to testify on the grounds of their marital relationship or the privileged nature of their communications.


CREDIT(S)


Acts 1988, c. 42.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8D-9


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8D. Child Abuse (Refs & Annos)

§ 61-8D-9. Convictions for offenses against children


In any case where a person is convicted of an offense described in this article against a child and the person has custodial, visitation or other parental rights to the child who is the victim of the offense or any child who resides in the same household as the victim, the court shall, at the time of sentencing, find that the person is an abusing parent within the meaning of article six, chapter forty-nine of this code as to the child victim, and may find that the person is an abusing parent as to any child who resides in the same household as the victim, and shall take such further action in accord with the provisions of said article.


CREDIT(S)


Acts 1992, c. 52; Acts 1994, 1st Ex. Sess., c. 23; Acts 1996, c. 83, eff. 90 days after March 9, 1996.



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 25. Criminal Domestic Violence

Tags:24 SC (1.5%)


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-10. “Household member” defined.


As used in this article, “household member” means:


(1) a spouse;


(2) a former spouse;


(3) persons who have a child in common; or


(4) a male and female who are cohabiting or formerly have cohabited.


CREDIT(S)


HISTORY: 1984 Act No. 484, § 1; 1994 Act No. 519, § 1; 2003 Act No. 92, § 3, eff January 1, 2004; 2005 Act No. 166, § 1, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-20


Effective: June 4, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-20. Acts prohibited; penalties; criminal domestic violence conviction in another state as prior offense.


(A) It is unlawful to:


(1) cause physical harm or injury to a person's own household member; or


(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.


(B) Except as otherwise provided in this section, a person who violates the provisions of subsection (A) is guilty of the offense of criminal domestic violence and, upon conviction, must be punished as follows:


(1) for a first offense, the person is guilty of a misdemeanor and must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the fine conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(H), a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection must be tried in summary court;


(2) for a second offense, the person is guilty of a misdemeanor and must be fined not less than two thousand five hundred dollars nor more than five thousand dollars and imprisoned not less than a mandatory minimum of thirty days nor more than one year. The court may suspend the imposition or execution of all or part of the sentence, except the thirty-day mandatory minimum sentence, conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(H), a program designed to treat batterers. If a person is sentenced to a mandatory minimum of thirty days pursuant to the provisions of this subsection, the judge may provide that the sentence be served two days during the week or on weekends until the sentence is completed and is eligible for early release based on credits he is able to earn during the service of his sentence, including, but not limited to, good-time credits;


(3) for a third or subsequent offense, the person is guilty of a felony and must be imprisoned not less than a mandatory minimum of one year but not more than five years.


(C) For the purposes of subsections (A) and (B), a conviction within the previous ten years for a violation of subsection (A), Section 16-25-65, or a criminal domestic violence offense in another state which includes similar elements to the provisions of subsection (A) or Section 16-25-65, constitutes a prior offense. A conviction for a violation of a criminal domestic violence offense in another state does not constitute a prior offense if the offense is committed against a person other than a “household member” as defined in Section 16-25-10.


(D) A person who violates the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the “Protection from Domestic Abuse Act”, or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days and fined not more than five hundred dollars.


(E) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter must appear before a judge for disposition of the case.


(F) When a person is convicted of a violation of Section 16-25-65 or sentenced pursuant to subsection (C), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation, conditioned upon:


(1) the offender completing, to the satisfaction of the court, a program designed to treat batterers;


(2) fulfillment of all the obligations arising under court order pursuant to this section and Section 16-25-65; and


(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.


(G) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim.


(H) An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.


CREDIT(S)


HISTORY: 1984 Act No. 484, § 1; 1994 Act No. 519, § 1; 2003 Act No. 92, § 3, eff January 1, 2004; 2005 Act No. 166, § 2, eff January 1, 2006; 2008 Act No. 255, § 1, eff June 4, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-30


Effective: June 2, 2009


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-30. Possession of firearm by person convicted of domestic violence or domestic violence of high and aggravated nature; notice.


At the time a person is convicted of violating the provisions of Section 16-25-20 or 16-25-65, the court must deliver to the person a written form that conspicuously bears the following language: “Pursuant to 18 U.S.C. Section 922, it is unlawful for a person convicted of a violation of Section 16-25-20 or 16-25-65 to ship, transport, possess, or receive a firearm or ammunition.”


CREDIT(S)


HISTORY: 2009 Act No. 59, § 6, eff June 2, 2009.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-40


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§§ 16-25-40 to 16-25-60. Omitted by 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-50


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§§ 16-25-40 to 16-25-60. Omitted by 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-60


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§§ 16-25-40 to 16-25-60. Omitted by 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-65


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-65. Criminal domestic violence of a high and aggravated nature; elements; penalty; conditional probation; statutory offense.


(A) A person who violates Section 16-25-20(A) is guilty of the offense of criminal domestic violence of a high and aggravated nature when one of the following occurs. The person commits:


(1) an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or


(2) an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death.


(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not less than a mandatory minimum of one year nor more than ten years. The court may suspend the imposition or execution of all or part of the sentence, except the one-year mandatory minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.


(C) The provisions of subsection (A) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature.


CREDIT(S)


HISTORY: 1994 Act No. 516, § 1; 2003 Act No. 92, § 3, eff January 1, 2004; 2005 Act No. 166, § 3, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-70


Effective: June 11, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-70. Warrantless arrest or search; admissibility of evidence.


(A) A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony pursuant to the provisions of Section 16-25-20(A) or (D), 16-25-65, or 16-25-125, even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of probable cause related to a violation pursuant to the provisions of this chapter by telephone or radio communication with the appropriate law enforcement agency. A law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not notified at the time the alleged violation occurred. If an arrest warrant is sought, the law enforcement agency must present the results of the investigation and any other relevant evidence to a magistrate who may issue an arrest warrant if probable cause is established.


(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20(A) or (D), or 16-25-65 even if the act did not take place in the presence of the officer. A law enforcement officer is not required to make an arrest if he determines probable cause does not exist after consideration of the factors set forth in subsection (D) and observance that no physical manifestation of injury is present. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate law enforcement agency.


(C) In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member.


(D) If a law enforcement officer receives conflicting complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer must evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer must not arrest the other person accused of having committed domestic or family violence. In determining whether a person is the primary aggressor, the officer must consider the following factors and any other factors he considers relevant:


(1) prior complaints of domestic or family violence;


(2) the relative severity of the injuries inflicted on each person taking into account injuries alleged which may not be easily visible at the time of the investigation;


(3) the likelihood of future injury to each person;


(4) whether one of the persons acted in self-defense; and


(5) household member accounts regarding the history of domestic violence.


(E) A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage a party's requests for intervention by law enforcement.


(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report, and must include a statement in the report that the officer attempted to determine which party was the primary aggressor pursuant to this section and was unable to make a determination based upon the evidence available at the time of the arrest.


(G) When two or more household members are charged with a crime involving domestic or family violence arising from the same incident and the court finds that one party was the primary aggressor pursuant to this section, the court, if appropriate, may dismiss charges against the other party or parties.


(H) Evidence discovered as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in a court of law:


(1) if it is found:


(a) in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or


(b) pursuant to a search incident to a lawful arrest for a violation of this article or for a violation of Chapter 3, Title 16; or


(2) if it is evidence of a violation of this article.


An officer may arrest and file criminal charges against a suspect for any offense that arises from evidence discovered pursuant to this section.


Unless otherwise provided for in this section, no evidence of a crime found as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in any court of law.


(I) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness.


CREDIT(S)


HISTORY: 1984 Act No. 484, § 1; 1994 Act No. 519, § 1; 1995 Act No. 83, § 61; 1997 Act No. 120, § 3; 2002 Act No. 329, § 4, eff June 18, 2002; 2003 Act No. 92, § 3, eff January 1, 2004; 2008 Act No. 319, § 3, eff June 11, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-80


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-80. Effect on enforcement of contempt orders and police arrest powers; construction with assault and battery and other criminal offenses.


Nothing in this article affects or limits the powers of any court to enforce its own orders by civil or criminal contempt or the powers of the police to make other lawful arrests.


Nothing in this article may be construed to repeal, replace, or preclude application of any other provisions of law pertaining to assault, assault and battery, assault and battery of a high and aggravated nature, or other criminal offenses.


CREDIT(S)


HISTORY: 1984 Act No. 484, § 1; 1994 Act No. 519, § 1; 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-90


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-90. Parole eligibility as affected by evidence of domestic violence suffered at hands of household member.


Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member is eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post- conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member. This section shall not affect the provisions of Section 17-27-45.


CREDIT(S)


HISTORY: 1995 Act No. 7, Part I § 14; 1998 Act No. 401, § 1; 2003 Act No. 92, § 3, eff January 1, 2004.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-100


Effective:[See Text Amendments]


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-100. Judicial training on issues concerning domestic violence.


Magistrates, municipal court judges, family court judges, and circuit court judges shall receive continuing legal education on issues concerning domestic violence. The frequency and content of the continuing legal education is to be determined by the South Carolina Court Administration at the direction of the Chief Justice of the South Carolina Supreme Court.


CREDIT(S)


HISTORY: 2005 Act No. 166, § 4, eff January 1, 2006.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-120


Effective: June 11, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-120. Release on bond; factors; issuance of restraining order; notice of right to counsel.


(A) In addition to the provisions of Section 17-15-30, the court may consider the factors provided in subsection (B) when considering release of a person on bond who is charged with a violent offense, as defined in Section 16-1-60, when the victim of the offense is a household member, as defined in Section 16-25-10, and the person:


(1) is subject to the terms of a valid order of protection or restraining order at the time of the offense in this State or another state; or


(2) has a previous conviction involving the violation of a valid order of protection or restraining order in this State or another state.


(B) The court may consider the following factors before release of a person on bond who is subject to the provisions of subsection (A):


(1) whether the person has a history of criminal domestic violence, as defined in this article, or a history of other violent offenses, as defined in Section 16-1-60;


(2) the mental health of the person;


(3) whether the person has a history of violating the orders of a court or other governmental agency; and


(4) whether the person poses a potential threat to another person.


(C) When considering release of a person on bond under this section, the court must consider whether to issue a restraining order or order of protection provided for in Chapter 4 of Title 20 against the person. The court must consider the factors enumerated in subsection (B) of this section, and if it determines in its discretion that a restraining order or order of protection is required, it should issue the order or forward the matter to the appropriate court.


(D)(1) At the bond hearing pursuant to the provisions of this section or another provision of law, the court shall inform in writing the person charged with a violation of Article 1, Chapter 25, Title 16 of his right to obtain counsel and, if indigent, his right to court-appointed counsel along with instructions on how to obtain court-appointed counsel.


(2) If the court decides to release the person pending his trial, the court shall provide the person with a written notice that must conspicuously bear the following language:


“Pursuant to Section 16-25-125 of the South Carolina Code of Laws, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.”.


(3) The court shall provide the person with an opportunity to sign the notice evidencing the person's acknowledgment of having received and read the notice.


CREDIT(S)


HISTORY: 2005 Act No. 166, § 5, eff January 1, 2006; 2008 Act No. 319, § 4, eff June 11, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-25-125


Effective: June 11, 2008


Code of Laws of South Carolina 1976 Annotated Currentness

Title 16. Crimes and Offenses

Chapter 25. Criminal Domestic Violence

Article 1. General Provisions

§ 16-25-125. Trespass upon grounds or structure of domestic violence shelter; penalty; notice.


(A) For purposes of this section:


(1) “Domestic violence shelter” means a facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence and that provides services as a shelter.


(2) “Grounds” means the real property of the parcel of land upon which a domestic violence shelter or a domestic violence shelter's administrative offices are located, whether fenced or unfenced.


(3) “Household member” means a household member as defined in Section 16-25-10.


(B) It is unlawful for a person who has been charged with or convicted of a violation of Section 16-25-20 or Section 16-25-65, who is subject to an order of protection issued pursuant to Chapter 4 of Title 20, or who is subject to a restraining order issued pursuant to Article 17, Chapter 3 of Title 16, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices.


(C) The domestic violence shelter must post signs at conspicuous places on the grounds of the domestic violence shelter and the domestic violence shelter's administrative offices which, at a minimum, read substantially as follows:


“NO TRESPASSING


VIOLATORS WILL BE SUBJECT TO CRIMINAL PENALTIES”.


(D) This section does not apply if the person has legitimate business or any authorization, license, or invitation to enter or remain upon the grounds or structure of the domestic violence shelter or the domestic violence shelter's administrative offices.


(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.


CREDIT(S)


HISTORY: 2008 Act No. 319, § 1, eff June 11, 2008.



Current through End of 2012 Reg. Sess.



Code 1976 § 16-27-10


Chapter 2. Adultry

Tags:49 DC (0.2%)

Effective:[See Text Amendments]

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 2. Adultery.

§ 22-201. Definition and penalty. [Repealed]

CREDIT(S)

(Mar. 3, 1901, 31 Stat. 1332, ch. 854, § 874; May 21, 1994, D.C. Law 10-119, § 2(d), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, § 105(b), 41 DCR 2608; Apr. 29, 2004, D.C. Law 15-154, § 3(b), 50 DCR 10996.)

Current through April 16, 2013


Chapter 3. Abortion

Tags:50 VT (0.2%)

13 V.S.A. § 101


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 3. Abortion

§ 101. Definition and punishment


A person who wilfully administers, advises or causes to be administered anything to a woman pregnant, or supposed by such person to be pregnant, or employs or causes to be employed any means with intent to procure the miscarriage of such woman, or assists or counsels therein, unless the same is necessary to preserve her life, if the woman dies in consequence thereof, shall be imprisoned not more than 20 years nor less than five years. If the woman does not die in consequence thereof, such person shall be imprisoned not more than 10 years nor less than three years. However, the woman whose miscarriage is caused or attempted shall not be liable to the penalties prescribed by this section.


CREDIT(S)


1971, Adj. Sess., No. 199, § 15.


Formerly: V.S. 1947, § 8474; P.L. 1933, § 8608; G.L. 1917, § 7013; P.S. 1906, § 5889; V.S. 1894, § 5063; R.L. 1880, § 4247; 1867, No. 57, § 1; G.S. 1862, 117, § 10; 1846, No. 33.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 102


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 3. Abortion

§ 102. Dying declaration as evidence


In all prosecutions under the provisions of section 101 of this title, the dying declaration of the woman whose death is produced by any of the means set forth in such section may be admitted in evidence subject to the same restrictions as in cases of homicide.


CREDIT(S)


Formerly: V.S. 1947, § 8475; 1935, No. 203, § 1.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 103


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 3. Abortion

§ 103. Joining with murder indictment


A person who is indicted for the murder of an infant child, or of a woman pregnant or supposed by such person to be pregnant, may be charged in the same indictment with the offenses under section 101 of this title, and may be found guilty of any charge in the indictment sustained by the proof, and judgment and sentence shall be awarded accordingly.


CREDIT(S)


Formerly: V.S. 1947, § 8476; P.L. 1933, § 8609; G.L. 1917, § 7014; P.S. 1906, § 5890; V.S. 1894, § 5064; R.L. 1880, § 4248; 1867, No. 57, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 104


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 3. Abortion

§ 104. Advertising or dealing in anything to cause miscarriage


A person who knowingly causes to be made public by print, writing, words or language that give any information where anything, or any advice or information, may be obtained for the purpose of causing or procuring the miscarriage of a pregnant woman, shall be imprisoned not more than 10 years nor less than three years. A person who sells or gives away anything for the purpose of producing such miscarriage shall be imprisoned not more than three years nor less than one year and fined not more than $500.00 nor less than $200.00, or both.


CREDIT(S)


1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.


Formerly: V.S. 1947, § 8477; P.L. 1933, § 8610; G.L. 1917, § 7015; P.S. 1906, § 5891; V.S. 1894, § 5065; R.L. 1880, § 4249; 1867, No. 57, § 3.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 201


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§§ 201 to 204. Repealed



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 204


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§§ 201 to 204. Repealed



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 205


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§ 205. Intermarriage of or fornication by persons prohibited to marry


Persons between whom marriages are prohibited by the laws of this state who intermarry or commit fornication with each other shall be imprisoned not more than five years or fined not more than $1,000.00, or both.


CREDIT(S)


1981, Adj. Sess., No. 223, § 16.


Formerly: V.S. 1947, § 8473; P.L. 1933, § 8607; G.L. 1917, § 7012; P.S. 1906, § 5888; V.S. 1894, § 5062; R.L. 1880, § 4246; G.S. 1862, 117, § 9; R.S. 1840, 99, § 7; R. 1818, p. 13; R. 1797, p. 166, § 25; R. 1787, p. 94.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 206


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§ 206. Bigamy


A person having a husband or wife living who marries another person, or continues to cohabit with such second husband or wife in this state, shall be imprisoned not more than five years. This section shall not extend to a person whose husband or wife has been continually beyond the sea, or out of the state for seven consecutive years, the party marrying again not knowing the other to be living within that time; or to a person whose former marriage has been avoided by divorce or sentence of nullity, or was contracted under the age of consent and not afterwards assented to.


CREDIT(S)


1971, Adj. Sess., No. 199, § 15.


Formerly: V.S. 1947, § 8470; P.L. 1933, § 8604; G.L. 1917, § 7009; P.S. 1906, § 5885; V.S. 1894, § 5059; R.L. 1880, § 4243; G.S. 1862, 117, §§ 5, 6; R.S. 1840, 99, §§ 5, 6; R. 1818, p. 12; R. 1797, p. 165, § 23; R. 1787, p. 21.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 207


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§ 207. Proof of respondent's civil marriage


In prosecutions for crimes and penalties where it is necessary to prove the fact of the civil marriage of the respondent, acts of cohabitation by the respondent with the supposed husband or wife, and other acts, admissions, and declarations of the respondent tending to prove such marriage shall be admitted in evidence as competent testimony.


CREDIT(S)


Formerly: V.S. 1947, § 8471; P.L. 1933, § 8605; G.L. 1917, § 7010; P.S. 1906, § 5886; V.S. 1894, § 5060; R.L. 1880, § 4244; G.S. 1862, 117, § 7; 1856, No. 12.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 208


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§ 208. Alleging civil marriage in bigamy prosecution


In prosecutions for bigamy it shall be sufficient to allege in the information or indictment that, at the time of the second civil marriage, the respondent had a wife or husband living, without specifying the time or place of the former marriage or the name of the former husband or wife.


CREDIT(S)


Formerly: V.S. 1947, § 8472; P.L. 1933, § 8606; G.L. 1917, § 7011; P.S. 1906, § 5887; V.S. 1894, § 5061; R.L. 1880, § 4245; G.S. 1862, 117, § 8; 1858, No. 16.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



Chapter 720. Criminal Offenses

Tags:05 IL (4.1%)

Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/10. Reports; rules and regulations; confidential information


§ 10. A report of each abortion performed shall be made to the Department on forms prescribed by it. Such report forms shall not identify the patient by name, but by an individual number to be noted in the patient's permanent record in the possession of the physician, and shall include information concerning:



(1) Identification of the physician who performed the abortion and the facility where the abortion was performed and a patient identification number;



(2) State in which the patient resides;



(3) Patient's date of birth, race and marital status;



(4) Number of prior pregnancies;



(5) Date of last menstrual period;



(6) Type of abortion procedure performed;



(7) Complications and whether the abortion resulted in a live birth;



(8) The date the abortion was performed;



(9) Medical indications for any abortion performed when the fetus was viable;



(10) The information required by Sections 6(1)(b) and 6(4)(b) of this Act, if applicable;



(11) Basis for any medical judgment that a medical emergency existed when required under Sections 6(2)(a) and 6(6) and when required to be reported in accordance with this Section by any provision of this Law; and



(12) The pathologist's test results pursuant to Section 12 of this Act.



Such form shall be completed by the hospital or other licensed facility, signed by the physician who performed the abortion or pregnancy termination, and transmitted to the Department not later than 10 days following the end of the month in which the abortion was performed.



In the event that a complication of an abortion occurs or becomes known after submission of such form, a correction using the same patient identification number shall be submitted to the Department within 10 days of its becoming known.



The Department may prescribe rules and regulations regarding the administration of this Law and shall prescribe regulations to secure the confidentiality of the woman's identity in the information to be provided under the "Vital Records Act".[FN1] All reports received by the Department shall be treated as confidential and the Department shall secure the woman's anonymity. Such reports shall be used only for statistical purposes.



Upon 30 days public notice, the Department is empowered to require reporting of any additional information which, in the sound discretion of the Department, is necessary to develop statistical data relating to the protection of maternal or fetal life or health, or is necessary to enforce the provisions of this Law, or is necessary to develop useful criteria for medical decisions. The Department shall annually report to the General Assembly all statistical data gathered under this Law and its recommendations to further the purpose of this Law.



The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, [FN2] and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act. [FN3]




CREDIT(S)



P.A. 79-1126, § 10, eff. Nov. 20, 1975. Amended by P.A. 81-226, § 2, eff. Jan. 1, 1980; P.A. 81-1078, § 1, eff. Oct. 30, 1979; P.A. 81-1509, Art. I, § 25, eff. Sept. 26, 1980; P.A. 83-784, § 26, eff. Jan. 1, 1984; P.A. 83-1128, § 1, eff. June 30, 1984; P.A. 84-1438, Art. III, § 13, eff. Dec. 22, 1986.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 81-30.


[FN1] 410 ILCS 535/1 et seq.


[FN2] 25 ILCS 5/3.1.


[FN3] 15 ILCS 320/7.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/10.1

Formerly cited as IL ST CH 38 ¶ 81-30.1


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/10.1. Reports of abortion complications; complications defined; penalties


§ 10.1. Any physician who diagnoses a woman as having complications resulting from an abortion shall report, within a reasonable period of time, the diagnosis and a summary of her physical symptoms to the Illinois Department of Public Health in accordance with procedures and upon forms required by such Department. The Department of Public Health shall define the complications required to be reported by rule. The complications defined by rule shall be those which, according to contemporary medical standards, are manifested by symptoms with severity equal to or greater than hemorrhaging requiring transfusion, infection, incomplete abortion, or punctured organs. If the physician making the diagnosis of a complication knows the name or location of the facility where the abortion was performed, he shall report such information to the Department of Public Health.



Any physician who intentionally violates this Section shall be subject to revocation of his license pursuant to paragraph (22) of Section 22 of the Medical Practice Act of 1987. [FN1]




CREDIT(S)



P.A. 79-1126, § 10.1, added by P.A. 81-1161, § 1, eff. Nov. 29, 1979. Amended by P.A. 85-1209, Art. III, § 3-32, eff. Aug. 30, 1988.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 81-30.1.


[FN1] 225 ILCS 60/22.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/11

Formerly cited as IL ST CH 38 ¶ 81-31


Effective: August 21, 2008


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/11. Violations; penalties; unprofessional conduct


§ 11. (1) Any person who intentionally violates any provision of this Law commits a Class A misdemeanor unless a specific penalty is otherwise provided. Any person who intentionally falsifies any writing required by this Law commits a Class A misdemeanor.



Intentional, knowing, reckless, or negligent violations of this Law shall constitute unprofessional conduct which causes public harm under Section 22 of the Medical Practice Act of 1987, as amended; [FN1] Section 70-5 of the Nurse Practice Act, [FN2] and Section 21 of the Physician Assistant Practice Act of 1987, as amended. [FN3]



Intentional, knowing, reckless or negligent violations of this Law will constitute grounds for refusal, denial, revocation, suspension, or withdrawal of license, certificate, or permit under Section 30 of the Pharmacy Practice Act, as amended; [FN4] Section 7 of the Ambulatory Surgical Treatment Center Act, effective July 19, 1973, as amended; [FN5] and Section 7 of the Hospital Licensing Act. [FN6]



(2) Any hospital or licensed facility which, or any physician who intentionally, knowingly, or recklessly fails to submit a complete report to the Department in accordance with the provisions of Section 10 of this Law and any person who intentionally, knowingly, recklessly or negligently fails to maintain the confidentiality of any reports required under this Law or reports required by Sections 10.1 or 12 of this Law commits a Class B misdemeanor.



(3) Any person who sells any drug, medicine, instrument or other substance which he knows to be an abortifacient and which is in fact an abortifacient, unless upon prescription of a physician, is guilty of a Class B misdemeanor. Any person who prescribes or administers any instrument, medicine, drug or other substance or device, which he knows to be an abortifacient, and which is in fact an abortifacient, and intentionally, knowingly or recklessly fails to inform the person for whom it is prescribed or upon whom it is administered that it is an abortifacient commits a Class C misdemeanor.



(4) Any person who intentionally, knowingly or recklessly performs upon a woman what he represents to that woman to be an abortion when he knows or should know that she is not pregnant commits a Class 2 felony and shall be answerable in civil damages equal to 3 times the amount of proved damages.




CREDIT(S)



P.A. 79-1126, § 11, eff. Nov. 20, 1975. Amended by P.A. 81-1078, § 1, eff. Oct. 30, 1979; P.A. 83-1128, § 1, eff. June 30, 1984; P.A. 85-1209, Art. III, § 3-32, eff. Aug. 30, 1988; P.A. 90-742, § 35, eff. Aug. 13, 1998; P.A. 95-639, § 190, eff. Oct. 5, 2007; P.A. 95-689, § 115, eff. Oct. 29, 2007; P.A. 95-876, § 320, eff. Aug. 21, 2008.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 81-31.


[FN1] 225 ILCS 60/22.


[FN2] 225 ILCS 65/70-5.


[FN3] 225 ILCS 95/21.


[FN4] 225 ILCS 85/30.


[FN5] 210 ILCS 5/7 (repealed; see, now, 210 ILCS 5/10f).


[FN6] 210 ILCS 85/7.


VALIDITY


<Provisions of this Act making nonprescription sale of abortifacients and prescription or administration of abortifacients without informing the recipient a misdemeanor has been held unconstitutional by the Seventh Circuit Court of Appeals in the case of Charles v. Daley, 7th Cir.1984, 749 F.2d 452.>


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/11.1

Formerly cited as IL ST CH 38 ¶ 81-31.1


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/11.1. Abortion referral fee; payment or receipt prohibited; penalty; referral fee defined


§ 11.1. (a) The payment or receipt of a referral fee in connection with the performance of an abortion is a Class 4 felony.



(b) For purposes of this Section, "referral fee" means the transfer of anything of value between a doctor who performs an abortion or an operator or employee of a clinic at which an abortion is performed and the person who advised the woman receiving the abortion to use the services of that doctor or clinic.




CREDIT(S)



P.A. 79-1126, § 11.1, added by P.A. 81-1119, § 1, eff. July 1, 1980.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 81-31.1.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/11.2

Formerly cited as IL ST CH 38 ¶¶ 81-31.2, 81-31.3


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/11.2 to 510/11.3. §§ 11.2 to 11.3. Repealed by P.A. 83-1128, § 2, eff. June 30, 1984


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/11.3

Formerly cited as IL ST CH 38 ¶¶ 81-31.2, 81-31.3


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/11.2 to 510/11.3. §§ 11.2 to 11.3. Repealed by P.A. 83-1128, § 2, eff. June 30, 1984


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/12

Formerly cited as IL ST CH 38 ¶ 81-32


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/12. Analysis of fetal tissue; reports; evidence of viability


§ 12. The dead fetus and all tissue removed at the time of abortion shall be submitted for a gross and microscopic analysis and tissue report to a board eligible or certified pathologist as a matter of record in all cases. The results of the analysis and report shall be given to the physician who performed the abortion within 7 days of the abortion and such physician shall report any complications relevant to the woman's medical condition to his patient within 48 hours of receiving a report if possible. Any evidence of live birth or of viability shall be reported within 7 days, if possible, to the Department by the pathologist. Intentional failure of the pathologist to report any evidence of live birth or of viability to the Department is a Class B misdemeanor.



CREDIT(S)



P.A. 79-1126, § 12, eff. Nov. 20, 1975. Amended by P.A. 81-1078, § 1, eff. Oct. 30, 1979; P.A. 83-1128, § 1, eff. June 30, 1984.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 81-32.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/12.1

Formerly cited as IL ST CH 38 ¶ 81-32.1


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/12.1. Fetal deaths not due to abortion; use of tissues or cells; consent


§ 12.1. Nothing in this Act shall prohibit the use of any tissues or cells obtained from a dead fetus or dead premature infant whose death did not result from an induced abortion, for therapeutic purposes or scientific, research, or laboratory experimentation, provided that the written consent to such use is obtained from one of the parents of such fetus or infant.



CREDIT(S)



P.A. 79-1126, § 12.1, added by P.A. 81-884, § 1, eff. Jan. 1, 1980.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 81-32.1.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/13

Formerly cited as IL ST CH 38 ¶ 81-33


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/13. Conscientious objections to abortion; liability; notification of denial of request for abortion


§ 13. No physician, hospital, ambulatory surgical center, nor employee thereof, shall be required against his or its conscience declared in writing to perform, permit or participate in any abortion, and the failure or refusal to do so shall not be the basis for any civil, criminal, administrative or disciplinary action, proceeding, penalty or punishment. If any request for an abortion is denied, the patient shall be promptly notified.



CREDIT(S)



P.A. 79-1126, § 13, eff. Nov. 20, 1975. Amended by P.A. 81-1078, § 1, eff. Oct. 30, 1979.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 81-33.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/14

Formerly cited as IL ST CH 38 ¶ 81-34


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/14. Severability; issuance of regulations; effective date


§ 14. (1) If any provision, word, phrase or clause of this Act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions, words, phrases, clauses or application of this Act which can be given effect without the invalid provision, word, phrase, clause, or application, and to this end the provisions, words, phrases, and clauses of this Act are declared to be severable.



(2) Within 60 days from the time this Section becomes law, the Department shall issue regulations pursuant to Section 10. Insofar as Section 10 requires registration under the "Vital Records Act", [FN1] it shall not take effect until such regulations are issued. The Department shall make available the forms required under Section 10 within 30 days of the time this Section becomes law. No requirement that any person report information to the Department shall become effective until the Department has made available the forms required under Section 10. All other provisions of this amended Law shall take effect immediately upon enactment.




CREDIT(S)



P.A. 79-1126, § 14, eff. Nov. 20, 1975. Amended by P.A. 81-1078, § 1, eff. Oct. 30, 1979; P.A. 83-1128, § 1, eff. June 30, 1984.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 81-34.


[FN1] 410 ILCS 535/1 et seq.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 510/15

Formerly cited as IL ST CH 38 ¶ 81-35


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 510. Illinois Abortion Law of 1975

510/15. Short title


§ 15. This Act shall be known and may be cited as the "Illinois Abortion Law of 1975".



CREDIT(S)



P.A. 79-1126, § 15, eff. Nov. 20, 1975. Amended by P.A. 81-1078, § 1, eff. Oct. 30, 1979.


Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 81-35.


Current through P.A. 98-16 of the 2013 Reg. Sess.



ILCS Ch. 720, ACT 513, Refs & Annos



West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 513. Partial-Birth Abortion Ban Act


VALIDITY


<The Partial-Birth Abortion Ban Act was struck down as unconstitutional by the U.S. District Court, Northern District of Illinois, in the case of Hope Clinic v. Ryan, N.D. Ill.1998, 995 F.Supp. 847, affirmed in part and vacated and remanded with instructions in part, 249 F.3d 603 (7th Cir. 2001).>



Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 513/1


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 513. Partial-Birth Abortion Ban Act (Refs & Annos)

513/1. Short title


§ 1. Short title. This Act may be cited as the Partial-birth Abortion Ban Act.



CREDIT(S)



P.A. 90-560, § 1, eff. Feb. 13, 1998.


VALIDITY


<The Partial-Birth Abortion Ban Act was struck down as unconstitutional by the U.S. District Court, Northern District of Illinois, in the case of Hope Clinic v. Ryan, N.D. Ill.1998, 995 F.Supp. 847, affirmed in part and vacated and remanded with instructions in part, 249 F.3d 603 (7th Cir. 2001).>


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 513/5


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 513. Partial-Birth Abortion Ban Act (Refs & Annos)

513/5. Definitions


§ 5. Definitions. In this Act:



"Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus or infant before killing the fetus or infant and completing the delivery. The terms "fetus" and "infant" are used interchangeably to refer to the biological offspring of human parents.




CREDIT(S)



P.A. 90-560, § 5, eff. Feb. 13, 1998.


VALIDITY


<The Partial-Birth Abortion Ban Act was struck down as unconstitutional by the U.S. District Court, Northern District of Illinois, in the case of Hope Clinic v. Ryan, N.D. Ill.1998, 995 F.Supp. 847, affirmed in part and vacated and remanded with instructions in part, 249 F.3d 603 (7th Cir. 2001).>


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 513/10


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 513. Partial-Birth Abortion Ban Act (Refs & Annos)

513/10. Partial-birth abortions prohibited


§ 10. Partial-birth abortions prohibited. Any person who knowingly performs a partial-birth abortion and thereby kills a human fetus or infant is guilty of a Class 4 felony. This Section does not apply to a partial-birth abortion that is necessary to save the life of a mother because her life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering condition caused by or arising from the pregnancy itself, provided that no other medical procedure would suffice for that purpose.



CREDIT(S)



P.A. 90-560, § 10, eff. Feb. 13, 1998.


VALIDITY


<The Partial-Birth Abortion Ban Act was struck down as unconstitutional by the U.S. District Court, Northern District of Illinois, in the case of Hope Clinic v. Ryan, N.D. Ill.1998, 995 F.Supp. 847, affirmed in part and vacated and remanded with instructions in part, 249 F.3d 603 (7th Cir. 2001).>


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 513/15


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 513. Partial-Birth Abortion Ban Act (Refs & Annos)

513/15. Civil action


§ 15. Civil action. The maternal grandparents of the fetus or infant, if the mother has not attained the age of 18 years at the time of the abortion, may in a civil action obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. The relief shall include money damages for all injuries, psychological and physical, occasioned by the violation of this Act and statutory damages equal to 3 times the cost of the partial-birth abortion.



CREDIT(S)



P.A. 90-560, § 15, eff. Feb. 13, 1998.


VALIDITY


<The Partial-Birth Abortion Ban Act was struck down as unconstitutional by the U.S. District Court, Northern District of Illinois, in the case of Hope Clinic v. Ryan, N.D. Ill.1998, 995 F.Supp. 847, affirmed in part and vacated and remanded with instructions in part, 249 F.3d 603 (7th Cir. 2001).>


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 513/20


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 513. Partial-Birth Abortion Ban Act (Refs & Annos)

513/20. Prosecution of woman prohibited


§ 20. Prosecution of woman prohibited. A woman on whom a partial-birth abortion is performed may not be prosecuted under this Act, for a conspiracy to violate this Act, or for an offense under Article 31 of the Criminal Code of 1961 [FN1] based on a violation of this Act, nor may she be held accountable under Article 5 of the Criminal Code of 1961 [FN2] for an offense based on a violation of this Act.



CREDIT(S)



P.A. 90-560, § 20, eff. Feb. 13, 1998.


[FN1] 720 ILCS 5/31-1 et seq.


[FN2] 720 ILCS 5/5-1 et seq.


VALIDITY


<The Partial-Birth Abortion Ban Act was struck down as unconstitutional by the U.S. District Court, Northern District of Illinois, in the case of Hope Clinic v. Ryan, N.D. Ill.1998, 995 F.Supp. 847, affirmed in part and vacated and remanded with instructions in part, 249 F.3d 603 (7th Cir. 2001).>


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 513/99


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against the Public

Act 513. Partial-Birth Abortion Ban Act (Refs & Annos)

513/99. Effective date


§ 99. Effective date. This Act takes effect 60 days after becoming law.



CREDIT(S)



P.A. 90-560, § 99, eff. Feb. 13, 1998.


VALIDITY


<The Partial-Birth Abortion Ban Act was struck down as unconstitutional by the U.S. District Court, Northern District of Illinois, in the case of Hope Clinic v. Ryan, N.D. Ill.1998, 995 F.Supp. 847, affirmed in part and vacated and remanded with instructions in part, 249 F.3d 603 (7th Cir. 2001).>


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 515/1

Formerly cited as IL ST CH 38 ¶¶ 81-51 to 81-55


Chapter 7. Offenses Against the Family

Tags:34 UT (0.9.%)

U.C.A. 1953 § 76-7-101


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-101. Bigamy--Defense


(1) A person is guilty of bigamy when, knowing he has a husband or wife or knowing the other person has a husband or wife, the person purports to marry another person or cohabits with another person.


(2) Bigamy is a felony of the third degree.


(3) It shall be a defense to bigamy that the accused reasonably believed he and the other person were legally eligible to remarry.


CREDIT(S)


Laws 1973, c. 196, § 76-7-101; Laws 1997, c. 296, § 16, eff. May 5, 1997.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-101.5


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-101.5. Child bigamy--Penalty


(1) An actor 18 years of age or older is guilty of child bigamy when, knowing he or she has a wife or husband, or knowing that a person under 18 years of age has a wife or husband, the actor carries out the following with the person who is under 18 years of age:


(a) purports to marry the person who is under 18 years of age; or


(b) cohabits with the person who is under 18 years of age.


(2) A violation of Subsection (1) is a second degree felony.


CREDIT(S)


Laws 2003, c. 6, § 1, eff. May 5, 2003.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-102


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-102. Incest--Definitions--Penalty


(1) As used in this section:


(a) “Provider” means a person who provides or makes available his seminal fluid or her human egg.


(b) “Related person” means a person related to the provider or actor as an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes:


(i) blood relationships of the whole or half blood without regard to legitimacy;


(ii) the relationship of parent and child by adoption; and


(iii) the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.


(2)(a) An actor is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, the actor knowingly and intentionally:


(i) engages in conduct under Subsection (2)(b)(i), (ii), (iii), or (iv); or


(ii) provides a human egg or seminal fluid under Subsection (2)(b)(v).


(b) Conduct referred to under Subsection (2)(a) is:


(i) sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person;


(ii) the insertion or placement of the provider's seminal fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;


(iii) providing or making available his seminal fluid for the purpose of insertion or placement of the fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;


(iv) a woman 18 years of age or older who:


(A) knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and


(B) knows that the seminal fluid is that of a person with whom she has kinship as a related person; or


(v) providing the actor's sperm or human egg that is used to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person.


(c) This Subsection (2) does not prohibit providing a fertilized human egg if the provider of the fertilizing sperm is not a related person regarding the person providing the egg.


(3) Incest is a third degree felony.


(4) A provider under this section is not a donor under Section 78B-15-702.


CREDIT(S)


Laws 1973, c. 196, § 76-7-102; Laws 1983, c. 88, § 31; Laws 2009, c. 84, § 2, eff. March 20, 2009.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-103


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-103. Adultery


(1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse.


(2) Adultery is a class B misdemeanor.


CREDIT(S)


Laws 1973, c. 196, § 76-7-103; Laws 1991, c. 241, § 95.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-104


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 1. Marital Violations

§ 76-7-104. Fornication


(1) Any unmarried person who shall voluntarily engage in sexual intercourse with another is guilty of fornication.


(2) Fornication is a class B misdemeanor.


CREDIT(S)


Laws 1973, c. 196, § 76-7-104.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-201


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 2. Nonsupport and Sale of Children

§ 76-7-201. Criminal nonsupport


(1) A person commits criminal nonsupport if, having a spouse, a child, or children under the age of 18 years, he knowingly fails to provide for the support of the spouse, child, or children when any one of them:


(a) is in needy circumstances; or


(b) would be in needy circumstances but for support received from a source other than the defendant or paid on the defendant's behalf.


(2) Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor.


(3) Criminal nonsupport is a felony of the third degree if the actor:


(a) has been convicted one or more times of nonsupport, whether in this state, any other state, or any court of the United States;


(b) committed the offense while residing outside of Utah; or


(c) commits the crime of nonsupport in each of 18 individual months within any 24-month period, or the total arrearage is in excess of $10,000.


(4) For purposes of this section “child” includes a child born out of wedlock whose paternity has been admitted by the actor or has been established in a civil suit.


(5)(a) In a prosecution for criminal nonsupport under this section, it is an affirmative defense that the accused is unable to provide support. Voluntary unemployment or underemployment by the defendant does not give rise to that defense.


(b) Not less than 20 days before trial the defendant shall file and serve on the prosecuting attorney a notice, in writing, of his intention to claim the affirmative defense of inability to provide support. The notice shall specifically identify the factual basis for the defense and the names and addresses of the witnesses who the defendant proposes to examine in order to establish the defense.


(c) Not more than 10 days after receipt of the notice described in Subsection (5)(b), or at such other time as the court may direct, the prosecuting attorney shall file and serve the defendant with a notice containing the names and addresses of the witnesses who the state proposes to examine in order to contradict or rebut the defendant's claim.


(d) Failure to comply with the requirements of Subsection (5)(b) or (5)(c) entitles the opposing party to a continuance to allow for preparation. If the court finds that a party's failure to comply is the result of bad faith, it may impose appropriate sanctions.


CREDIT(S)


Laws 1973, c. 196, § 76-7-201; Laws 1974, c. 32, § 21; Laws 1995, c. 289, § 1, eff. May 1, 1995; Laws 1999, c. 89, § 1, eff. May 3, 1999.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-202


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 2. Nonsupport and Sale of Children

§ 76-7-202. Orders for support in criminal nonsupport proceedings


(1) In any proceeding under Section 76-7-201, the court may, instead of imposing the punishments otherwise prescribed, issue an order directing the defendant to periodically pay a sum to the Office of Recovery Services, or otherwise as the court may direct, to be used for the support of the dependents who are the subject of the proceeding under Section 76-7-201.


(2) The order to periodically pay a sum for the support of the dependents:


(a) may be issued with the consent of the defendant prior to trial, or after conviction, having regard to the circumstances, financial ability, and earning capacity of the defendant;


(b) shall be subject to change from time to time as circumstances may require;


(c) may not require payments for a period exceeding the term of probation provided for the offense with which the defendant is charged, or of which he is found guilty; and


(d) shall be conditioned upon the defendant either entering a recognizance in accordance with Subsection (3), or providing security in a sum as the court directs.


(3) The condition of recognizance shall require the defendant to:


(a) make personal appearance in court whenever ordered to do so within the period of probation; and


(b) comply with the terms of the order and any subsequent modifications of the order.


(4) If the court is satisfied by information and due proof under oath that at any time during the period of probation the defendant has violated the terms of the order, it may proceed with the trial of defendant under the original charge or sentence him under the original conviction or enforce the original sentence as the case may be. In the case of forfeiture of bail or bond in any proceeding under Section 76-7-201, the sum recovered may, in the discretion of the court, be paid in whole or in part to the Office of Recovery Services, or otherwise as the court may direct, to be used for the support of the dependents involved.


CREDIT(S)


Laws 1973, c. 196, § 76-7-202; Laws 1988, c. 169, § 65; Laws 1995, c. 289, § 2, eff. May 1, 1995.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-203


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 2. Nonsupport and Sale of Children

§ 76-7-203. Sale of child--Felony--Payment of adoption related expenses


(1) For purposes of this section:


(a) “Adoption related expenses” means expenses that:


(i) are reasonably related to the adoption of a child;


(ii) are incurred for a reasonable amount; and


(iii) may include expenses:


(A) of the mother or father of the child being adopted, including:


(I) legal expenses;


(II) maternity expenses;


(III) medical expenses;


(IV) hospital expenses;


(V) counseling expenses;


(VI) temporary living expenses during the pregnancy or confinement of the mother; or


(VII) expenses for travel between the mother's or father's home and the location where the child will be born or placed for adoption;


(B) of a directly affected person for:


(I) travel between the directly affected person's home and the location where the child will be born or placed for adoption; or


(II) temporary living expenses during the pregnancy or confinement of the mother; or


(C) other than those included in Subsection (1)(a)(iii)(A) or (B), that are not made for the purpose of inducing the mother, parent, or legal guardian of a child to:


(I) place the child for adoption;


(II) consent to an adoption; or


(III) cooperate in the completion of an adoption.


(b) “Directly affected person” means a person who is:


(i) a parent or guardian of a minor when the minor is the mother or father of the child being adopted;


(ii) a dependant of:


(A) the mother or father of the child being adopted; or


(B) the parent or guardian described in Subsection (1)(b)(i); or


(iii) the spouse of the mother or father of the child being adopted.


(2) Except as provided in Subsection (3), a person is guilty of a third degree felony if the person:


(a) while having custody, care, control, or possession of a child, sells, or disposes of the child, or attempts or offers to sell or dispose of the child, for and in consideration of the payment of money or another thing of value; or


(b) offers, gives, or attempts to give money or another thing of value to a person, with the intent to induce or encourage a person to violate Subsection (2)(a).


(3) A person does not violate this section by paying or receiving payment for adoption related expenses, if:


(a) the expenses are paid as an act of charity; and


(b) the payment is not made for the purpose of inducing the mother, parent, or legal guardian of a child to:


(i) place the child for adoption;


(ii) consent to an adoption; or


(iii) cooperate in the completion of an adoption.


CREDIT(S)


Laws 1973, c. 196, § 76-7-203; Laws 1990, c. 245, § 2; Laws 2005, c. 137, § 2, eff. May 2, 2005; Laws 2008, c. 137, § 2, eff. May 5, 2008.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-204


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 2. Nonsupport and Sale of Children

§ 76-7-204. Repealed by Laws 2005, c. 150, § 100, eff. May 2, 2005



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-301


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-301. Definitions


As used in this part:


(1)(a) “Abortion” means:


(i) the intentional termination or attempted termination of human pregnancy after implantation of a fertilized ovum through a medical procedure carried out by a physician or through a substance used under the direction of a physician;


(ii) the intentional killing or attempted killing of a live unborn child through a medical procedure carried out by a physician or through a substance used under the direction of a physician; or


(iii) the intentional causing or attempted causing of a miscarriage through a medical procedure carried out by a physician or through a substance used under the direction of a physician.


(b) “Abortion” does not include:


(i) removal of a dead unborn child;


(ii) removal of an ectopic pregnancy; or


(iii) the killing or attempted killing of an unborn child without the consent of the pregnant woman, unless:


(A) the killing or attempted killing is done through a medical procedure carried out by a physician or through a substance used under the direction of a physician; and


(B) the physician is unable to obtain the consent due to a medical emergency.


(2) “Medical emergency” means that condition which, on the basis of the physician's good faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death, or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.


(3)(a) “Partial birth abortion” means an abortion in which the person performing the abortion:


(i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and


(ii) performs the overt act, other than completion of delivery, that kills the partially living fetus.


(b) “Partial birth abortion” does not include the dilation and evacuation procedure involving dismemberment prior to removal, the suction curettage procedure, or the suction aspiration procedure for abortion.


(4) “Physician” means:


(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act; [FN1]


(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; [FN2] or


(c) a physician employed by the federal government who has qualifications similar to a person described in Subsection (4)(a) or (b).


(5) “Hospital” means:


(a) a general hospital licensed by the Department of Health according to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; and


(b) a clinic or other medical facility to the extent that such clinic or other medical facility is certified by the Department of Health as providing equipment and personnel sufficient in quantity and quality to provide the same degree of safety to the pregnant woman and the unborn child as would be provided for the particular medical procedures undertaken by a general hospital licensed by the Department of Health.


CREDIT(S)


Laws 1981, c. 126, § 56; Laws 1991, c. 1, § 1; Laws 1991, 1st Sp.Sess., c. 2, § 2; Laws 1993, c. 70, § 1; Laws 2004, c. 90, § 89, eff. May 3, 2004; Laws 2004, c. 272, § 1, eff. May 3, 2004; Laws 2010, c. 13, § 3, eff. March 8, 2010.


[FN1] See § 58-67-101 et seq.


[FN2] See. § 58-68-101 et seq.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-301.1


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-301.1. Preamble--Findings and policies of Legislature


(1) It is the finding and policy of the Legislature, reflecting and reasserting the provisions of Article I, Sections 1 and 7, Utah Constitution, which recognize that life founded on inherent and inalienable rights is entitled to protection of law and due process; and that unborn children have inherent and inalienable rights that are entitled to protection by the state of Utah pursuant to the provisions of the Utah Constitution.


(2) The state of Utah has a compelling interest in the protection of the lives of unborn children.


(3) It is the intent of the Legislature to protect and guarantee to unborn children their inherent and inalienable right to life as required by Article I, Sections 1 and 7, Utah Constitution.


(4) It is also the policy of the Legislature and of the state that, in connection with abortion, a woman's liberty interest, in limited circumstances, may outweigh the unborn child's right to protection. These limited circumstances arise when the abortion is necessary to save the pregnant woman's life or prevent grave damage to her medical health, and when pregnancy occurs as a result of rape or incest. It is further the finding and policy of the Legislature and of the state that a woman may terminate the pregnancy if the unborn child would be born with grave defects.


CREDIT(S)


Laws 1991, c. 1, § 2; Laws 1991, c. 288, § 1; Laws 1991, 1st Sp.Sess., c. 2, § 3.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-301.5


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-301.5. Relationship to criminal homicide


(1) This part does not apply to the killing or attempted killing of a live unborn child in any manner that is not an abortion.


(2) The killing or attempted killing of a live unborn child in a manner that is not an abortion shall be punished as provided in Title 76, Chapter 5, Part 2, Criminal Homicide.


CREDIT(S)


Laws 2010, c. 13, § 4, eff. March 8, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-302


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-302. Circumstances under which abortion authorized


(1) As used in this section, “viable” means that the unborn child has reached a stage of fetal development when the unborn child is potentially able to live outside the womb, as determined by the attending physician to a reasonable degree of medical certainty.


(2) An abortion may be performed in this state only by a physician.


(3) An abortion may be performed in this state only under the following circumstances:


(a) the unborn child is not viable; or


(b) the unborn child is viable, if:


(i) the abortion is necessary to avert:


(A) the death of the woman on whom the abortion is performed; or


(B) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;


(ii) two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus has a defect that is uniformly diagnosable and uniformly lethal; or


(iii)(A) the woman is pregnant as a result of:


(I) rape, as described in Section 76-5-402;


(II) rape of a child, as described in Section 76-5-402.1; or


(III) incest, as described in Subsection 76-5-406(10) or Section 76-7-102; and


(B) before the abortion is performed, the physician who performs the abortion:


(I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported to law enforcement; and


(II) complies with the requirements of Section 62A-4a-403.


CREDIT(S)


Laws 1974, c. 33, § 2; Laws 1991, c. 1, § 3; Laws 1991, 1st Sp.Sess., c. 2, § 4; Laws 2004, c. 90, § 90, eff. May 3, 2004; Laws 2009, c. 38, § 1, eff. May 12, 2009; Laws 2010, c. 13, § 5, eff. March 8, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-303


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-303. Concurrence of attending physician based on medical judgment


No abortion may be performed in this state without the concurrence of the attending physician, based on his best medical judgment.


CREDIT(S)


Laws 1974, c. 33, § 3.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-304


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-304. Considerations by physician--Notice to a parent or guardian--Exceptions


(1) As used in this section:


(a) “abuse” is as defined in Section 78A-6-105; and


(b) “minor” means a person who is:


(i) under 18 years of age;


(ii) unmarried; and


(iii) not emancipated.


(2) To enable the physician to exercise the physician's best medical judgment, the physician shall consider all factors relevant to the well-being of the woman upon whom the abortion is to be performed including:


(a) her physical, emotional and psychological health and safety;


(b) her age; and


(c) her familial situation.


(3) Subject to Subsection (4), at least 24 hours before a physician performs an abortion on a minor, the physician shall notify a parent or guardian of the minor that the minor intends to have an abortion.


(4) A physician is not required to comply with Subsection (3) if:


(a) subject to Subsection (5)(a):


(i) a medical condition exists that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant minor as to necessitate the abortion of her pregnancy to avert:


(A) the minor's death; or


(B) a serious risk of substantial and irreversible impairment of a major bodily function of the minor; and


(ii) there is not sufficient time to give the notice required under Subsection (3) before it is necessary to terminate the minor's pregnancy in order to avert the minor's death or impairment described in Subsection (4)(a)(i);


(b) subject to Subsection (5)(b):


(i) the physician complies with Subsection (6); and


(ii)(A) the minor is pregnant as a result of incest to which the parent or guardian was a party; or


(B) the parent or guardian has abused the minor; or


(c) subject to Subsection (5)(b), the parent or guardian has not assumed responsibility for the minor's care and upbringing.


(5)(a) If, for the reason described in Subsection (4)(a), a physician does not give the 24-hour notice described in Subsection (3), the physician shall give the required notice as early as possible before the abortion, unless it is necessary to perform the abortion immediately in order to avert the minor's death or impairment described in Subsection (4)(a)(i).


(b) If, for a reason described in Subsection (4)(b) or (c), a parent or guardian of a minor is not notified that the minor intends to have an abortion, the physician shall notify another parent or guardian of the minor, if the minor has another parent or guardian that is not exempt from notification under Subsection (4)(b) or (c).


(6) If, for a reason described in Subsection (4)(b)(ii)(A) or (B), a physician does not notify a parent or guardian of a minor that the minor intends to have an abortion, the physician shall report the incest or abuse to the Division of Child and Family Services within the Department of Human Services.


CREDIT(S)


Laws 1974, c. 33, § 4; Laws 2006, c. 207, § 2, eff. May 1, 2006; Laws 2008, c. 299, § 33, eff. May 5, 2008.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-304.5


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-304.5. Consent required for abortions performed on minors--Hearing to allow a minor to self-consent--Appeals


(1) As used in this section, “minor” is as defined in Subsection 76-7-304(1).


(2) In addition to the other requirements of this part, a physician may not perform an abortion on a minor unless:


(a) the physician obtains the informed written consent of a parent or guardian of the minor, consistent with Sections 76-7-305, 76-7-305.5, and 76-7-305.6;


(b) the minor is granted the right, by court order under Subsection (5)(b), to consent to the abortion without obtaining consent from a parent or guardian; or


(c)(i) a medical condition exists that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant minor as to necessitate the abortion of her pregnancy to avert:


(A) the minor's death; or


(B) a serious risk of substantial and irreversible impairment of a major bodily function of the minor; and


(ii) there is not sufficient time to obtain the consent in the manner chosen by the minor under Subsection (3) before it is necessary to terminate the minor's pregnancy in order to avert the minor's death or impairment described in Subsection (2)(c)(i).


(3) A pregnant minor who wants to have an abortion may choose:


(a) to seek consent from a parent or guardian under Subsection (2)(a); or


(b) to seek a court order under Subsection (2)(b).


(4) If a pregnant minor fails to obtain the consent of a parent or guardian of the minor to the performance of an abortion, or if the minor chooses not to seek the consent of a parent or guardian, the minor may file a petition with the juvenile court to obtain a court order under Subsection (2)(b).


(5)(a) A hearing on a petition described in Subsection (4) shall be closed to the public.


(b) After considering the evidence presented at the hearing, the court shall order that the minor may obtain an abortion without the consent of a parent or guardian of the minor if the court finds by a preponderance of the evidence that:


(i) the minor:


(A) has given her informed consent to the abortion; and


(B) is mature and capable of giving informed consent to the abortion; or


(ii) an abortion would be in the minor's best interest.


(6) The Judicial Council shall make rules that:


(a) provide for the administration of the proceedings described in this section;


(b) provide for the appeal of a court's decision under this section;


(c) ensure the confidentiality of the proceedings described in this section and the records related to the proceedings; and


(d) establish procedures to expedite the hearing and appeal proceedings described in this section.


CREDIT(S)


Laws 2006, c. 207, § 3, eff. May 1, 2006; Laws 2010, c. 314, § 1, eff. May 11, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-305


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-305. Informed consent requirements for abortion--72-hour wait mandatory--Exceptions


(1) A person may not perform an abortion, unless, before performing the abortion, the physician who will perform the abortion obtains a voluntary and informed written consent from the woman on whom the abortion is performed, that is consistent with:


(a) Section 8.08 of the American Medical Association's Code of Medical Ethics, Current Opinions; and


(b) the provisions of this section.


(2) Except as provided in Subsection (8), consent to an abortion is voluntary and informed only if:


(a) at least 72 hours before the abortion, the physician who is to perform the abortion, the referring physician, a physician, a registered nurse, nurse practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or physician's assistant, in a face-to-face consultation in any location in the state, orally informs the woman:


(i) consistent with Subsection (3)(a), of:


(A) the nature of the proposed abortion procedure;


(B) specifically how the procedure described in Subsection (2)(a)(i)(A) will affect the fetus; and


(C) the risks and alternatives to an abortion procedure or treatment;


(ii) of the probable gestational age and a description of the development of the unborn child at the time the abortion would be performed;


(iii) of the medical risks associated with carrying her child to term; and


(iv) except as provided in Subsection (3)(b), if the abortion is to be performed on an unborn child who is at least 20 weeks gestational age:


(A) that, upon the woman's request, an anesthetic or analgesic will be administered to the unborn child, through the woman, to eliminate or alleviate organic pain to the unborn child that may be caused by the particular method of abortion to be employed; and


(B) of any medical risks to the woman that are associated with administering the anesthetic or analgesic described in Subsection (2)(a)(iv)(A);


(b) at least 72 hours prior to the abortion the physician who is to perform the abortion, the referring physician, or, as specifically delegated by either of those physicians, a physician, a registered nurse, licensed practical nurse, certified nurse-midwife, advanced practice registered nurse, clinical laboratory technologist, psychologist, marriage and family therapist, clinical social worker, genetic counselor, or certified social worker orally, in a face-to-face consultation in any location in the state, informs the pregnant woman that:


(i) the Department of Health, in accordance with Section 76-7-305.5, publishes printed material and an informational video that:


(A) provides medically accurate information regarding all abortion procedures that may be used;


(B) describes the gestational stages of an unborn child; and


(C) includes information regarding public and private services and agencies available to assist her through pregnancy, at childbirth, and while the child is dependent, including private and agency adoption alternatives;


(ii) the printed material and a viewing of or a copy of the informational video shall be made available to her, free of charge, on the Department of Health's website;


(iii) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of that assistance is contained in the printed materials and the informational video published by the Department of Health;


(iv) except as provided in Subsection (3)(c):


(A) the father of the unborn child is legally required to assist in the support of her child, even if he has offered to pay for the abortion; and


(B) the Office of Recovery Services within the Department of Human Services will assist her in collecting child support; and


(v) she has the right to view an ultrasound of the unborn child, at no expense to her, upon her request;


(c) the information required to be provided to the pregnant woman under Subsection (2)(a) is also provided by the physician who is to perform the abortion, in a face-to-face consultation, prior to performance of the abortion, unless the attending or referring physician is the individual who provides the information required under Subsection (2)(a);


(d) a copy of the printed materials published by the Department of Health has been provided to the pregnant woman;


(e) the informational video, published by the Department of Health, has been provided to the pregnant woman in accordance with Subsection (4); and


(f) the pregnant woman has certified in writing, prior to the abortion, that the information required to be provided under Subsections (2)(a) through (e) was provided, in accordance with the requirements of those subsections.


(3)(a) The alternatives required to be provided under Subsection (2)(a)(i) include:


(i) a description of adoption services, including private and agency adoption methods; and


(ii) a statement that it is legal for adoptive parents to financially assist in pregnancy and birth expenses.


(b) The information described in Subsection (2)(a)(iv) may be omitted from the information required to be provided to a pregnant woman under this section if the abortion is performed for a reason described in Subsection 76-7-302(3)(b)(i).


(c) The information described in Subsection (2)(b)(iv) may be omitted from the information required to be provided to a pregnant woman under this section if the woman is pregnant as the result of rape.


(d) Nothing in this section shall be construed to prohibit a person described in Subsection (2)(a) from, when providing the information described in Subsection (2)(a)(iv), informing a woman of the person's own opinion regarding:


(i) the capacity of an unborn child to experience pain;


(ii) the advisability of administering an anesthetic or analgesic to an unborn child; or


(iii) any other matter related to fetal pain.


(4) When the informational video described in Section 76-7-305.5 is provided to a pregnant woman, the person providing the information shall:


(a) request that the woman view the video at that time or at another specifically designated time and location; or


(b) if the woman chooses not to view the video at a time described in Subsection (4)(a), inform the woman that she can access the video on the Department of Health's website.


(5) When a serious medical emergency compels the performance of an abortion, the physician shall inform the woman prior to the abortion, if possible, of the medical indications supporting the physician's judgment that an abortion is necessary.


(6) If an ultrasound is performed on a woman before an abortion is performed, the person who performs the ultrasound, or another qualified person, shall:


(a) inform the woman that the ultrasound images will be simultaneously displayed in a manner to permit her to:


(i) view the images, if she chooses to view the images; or


(ii) not view the images, if she chooses not to view the images;


(b) simultaneously display the ultrasound images in order to permit the woman to:


(i) view the images, if she chooses to view the images; or


(ii) not view the images, if she chooses not to view the images;


(c) inform the woman that, if she desires, the person performing the ultrasound, or another qualified person shall provide a detailed description of the ultrasound images, including:


(i) the dimensions of the unborn child;


(ii) the presence of cardiac activity in the unborn child, if present and viewable; and


(iii) the presence of external body parts or internal organs, if present and viewable; and


(d) provide the detailed description described in Subsection (6)(c), if the woman requests it.


(7) In addition to the criminal penalties described in this part, a physician who violates the provisions of this section:


(a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102; and


(b) shall be subject to:


(i) suspension or revocation of the physician's license for the practice of medicine and surgery in accordance with Section 58-67-401 or 58-68-401; and


(ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.


(8) A physician is not guilty of violating this section for failure to furnish any of the information described in Subsection (2), or for failing to comply with Subsection (6), if:


(a) the physician can demonstrate by a preponderance of the evidence that the physician reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the pregnant woman;


(b) in the physician's professional judgment, the abortion was necessary to avert:


(i) the death of the woman on whom the abortion is performed; or


(ii) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;


(c) the pregnancy was the result of rape or rape of a child, as defined in Sections 76-5-402 and 76-5-402.1;


(d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(10) and Section 76-7-102; or


(e) at the time of the abortion, the pregnant woman was 14 years of age or younger.


(9) A physician who complies with the provisions of this section and Section 76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain informed consent under Section 78B-3-406.


(10)(a) The Department of Health shall provide an ultrasound, in accordance with the provisions of Subsection (2)(b), at no expense to the pregnant woman.


(b) A local health department shall refer a person who requests an ultrasound described in Subsection (10)(a) to the Department of Health.


(11) A physician is not guilty of violating this section if:


(a) the physician provides the information described in Subsection (2) less than 72 hours before performing the abortion; and


(b) in the physician's professional judgment, the abortion was necessary in a case where:


(i) a ruptured membrane, documented by the attending or referring physician, will cause a serious infection; or


(ii) a serious infection, documented by the attending or referring physician, will cause a ruptured membrane.


CREDIT(S)


Laws 1974, c. 33, § 5; Laws 1993, c. 70, § 2; Laws 1996, c. 79, § 100, eff. April 29, 1996; Laws 1996, c. 248, § 54, eff. July 1, 1996; Laws 1996, c. 311, § 1, eff. Sept. 1, 1996; Laws 1997, c. 221, § 1, eff. Sept. 1, 1997; Laws 2006, c. 207, § 4, eff. May 1, 2006; Laws 2008, c. 3, § 238, eff. Feb. 7, 2008; Laws 2009, c. 57, § 1, eff. May 12, 2009; Laws 2010, c. 314, § 2, eff. May 11, 2010; Laws 2012, c. 228, § 1, eff. May 8, 2012.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-305.5


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-305.5. Requirements for printed materials and informational video


(1) In order to ensure that a woman's consent to an abortion is truly an informed consent, the Department of Health shall, in accordance with the requirements of this section:


(a) publish printed materials; and


(b) produce an informational video.


(2) The printed materials and the informational video described in Subsection (1) shall:


(a) be scientifically accurate, comprehensible, and presented in a truthful, nonmisleading manner;


(b) present adoption as a preferred and positive choice and alternative to abortion;


(c) be printed and produced in a manner that conveys the state's preference for childbirth over abortion;


(d) state that the state prefers childbirth over abortion;


(e) state that it is unlawful for any person to coerce a woman to undergo an abortion;


(f) state that any physician who performs an abortion without obtaining the woman's informed consent or without providing her a private medical consultation in accordance with the requirements of this section, may be liable to her for damages in a civil action at law;


(g) provide information on resources and public and private services available to assist a pregnant woman, financially or otherwise, during pregnancy, at childbirth, and while the child is dependent, including:


(i) medical assistance benefits for prenatal care, childbirth, and neonatal care;


(ii) services and supports available under Section 35A-3-308;


(iii) other financial aid that may be available during an adoption; and


(iv) services available from public adoption agencies, private adoption agencies, and private attorneys whose practice includes adoption;


(h) describe the adoption-related expenses that may be paid under Section 76-7-203;


(i) describe the persons who may pay the adoption related expenses described in Subsection (2)(h);


(j) describe the legal responsibility of the father of a child to assist in child support, even if the father has agreed to pay for an abortion;


(k) describe the services available through the Office of Recovery Services, within the Department of Human Services, to establish and collect the support described in Subsection (2)(j);


(l) state that private adoption is legal;


(m) in accordance with Subsection (3), describe the probable anatomical and physiological characteristics of an unborn child at two-week gestational increments from fertilization to full term, including:


(i) brain and heart function; and


(ii) the presence and development of external members and internal organs;


(n) describe abortion procedures used in current medical practice at the various stages of growth of the unborn child, including:


(i) the medical risks associated with each procedure;


(ii) the risk related to subsequent childbearing that are associated with each procedure; and


(iii) the consequences of each procedure to the unborn child at various stages of fetal development;


(o) describe the possible detrimental psychological effects of abortion;


(p) describe the medical risks associated with carrying a child to term; and


(q) include relevant information on the possibility of an unborn child's survival at the two-week gestational increments described in Subsection (2)(m).


(3) The information described in Subsection (2)(m) shall be accompanied by the following for each gestational increment described in Subsection (2)(m):


(a) pictures or video segments that accurately represent the normal development of an unborn child at that stage of development; and


(b) the dimensions of the fetus at that stage of development.


(4) The printed material and video described in Subsection (1) may include a toll-free 24-hour telephone number that may be called in order to obtain, orally, a list and description of services, agencies, and adoption attorneys in the locality of the caller.


(5) In addition to the requirements described in Subsection (2), the printed material described in Subsection (1)(a) shall:


(a) be printed in a typeface large enough to be clearly legible;


(b) in accordance with Subsection (6), include a geographically indexed list of public and private services and agencies available to assist a woman, financially or otherwise, through pregnancy, at childbirth, and while the child is dependent;


(c) except as provided in Subsection (7), include a separate brochure that contains truthful, nonmisleading information regarding:


(i) the ability of an unborn child to experience pain during an abortion procedure;


(ii) the measures that may be taken, including the administration of an anesthetic or analgesic to an unborn child, to alleviate or eliminate pain to an unborn child during an abortion procedure;


(iii) the effectiveness and advisability of taking the measures described in Subsection (5)(c)(ii); and


(iv) potential medical risks to a pregnant woman that are associated with the administration of an anesthetic or analgesic to an unborn child during an abortion procedure.


(6) The list described in Subsection (5)(b) shall include:


(a) private attorneys whose practice includes adoption; and


(b) the names, addresses, and telephone numbers of each person listed under Subsection (5)(b) or (6)(a).


(7) A person or facility is not required to provide the information described in Subsection (5)(c) to a patient or potential patient, if the abortion is to be performed:


(a) on an unborn child who is less than 20 weeks gestational age at the time of the abortion; or


(b) on an unborn child who is at least 20 weeks gestational age at the time of the abortion, if:


(i) the abortion is being performed for a reason described in Subsection 76-7-302(3)(b)(i); and


(ii) due to a serious medical emergency, time does not permit compliance with the requirement to provide the information described in Subsection (5)(c).


(8) In addition to the requirements described in Subsection (2), the video described in Subsection (1)(b) shall:


(a) make reference to the list described in Subsection (5)(b); and


(b) show an ultrasound of the heartbeat of an unborn child at:


(i) four weeks from conception;


(ii) six to eight weeks from conception; and


(iii) each month after ten weeks gestational age, up to 14 weeks gestational age.


CREDIT(S)


Laws 1981, c. 61, § 1; Laws 1982, c. 18, § 1; Laws 1985, c. 42, § 1; Laws 1993, c. 70, § 3; Laws 1996, c. 185, § 3, eff. July 1, 1996; Laws 1996, c. 311, § 2, eff. Sept. 1, 1996; Laws 1997, c. 174, § 60, eff. July 1, 1997; Laws 1997, c. 221, § 2, eff. Sept. 1, 1997; Laws 1998, c. 13, § 88, eff. May 4, 1998; Laws 2006, c. 116, § 7, eff. May 1, 2006; Laws 2006, c. 207, § 5, eff. May 1, 2006; Laws 2009, c. 57, § 2, eff. May 12, 2009; Laws 2010, c. 314, § 3, eff. May 11, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-305.6


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-305.6. Abortion facilities required to provide printed materials and informational video--Department of Health to make printed materials and informational video available


(1) Except as provided in Subsection 76-7-305.5(7), every facility in which abortions are performed shall provide the printed materials and a viewing or a copy of the video described in Section 76-7-305.5 to each patient or potential patient at least 24 hours before the abortion is performed, unless:


(a) the physician can demonstrate by a preponderance of the evidence that the physician reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the pregnant woman;


(b) in the physician's professional judgment, the abortion was necessary to avert:


(i) the death of the woman on whom the abortion is performed; or


(ii) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;


(c) the pregnancy was the result of rape or rape of a child, as defined in Sections 76-5-402 and 76-5-402.1;


(d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(10) and Section 76-7-102; or


(e) at the time of the abortion, the pregnant woman was 14 years of age or younger.


(2) The Department of Health and each local health department shall make the printed materials and the video described in Section 76-7-305.5 available at no cost to any person.


(3) The Department of Health shall make the printed materials and the video described in Section 76-7-305.5 available for viewing on the Department of Health's website by clicking on a conspicuous link on the home page of the website.


(4) If the printed materials or a viewing of the video are not provided to a pregnant woman under Subsection (1), the physician who performs the abortion on the woman shall, within 10 days after the day on which the abortion is performed, provide to the Department of Health an affidavit that:


(a) specifies the information that was not provided to the woman; and


(b) states the reason that the information was not provided to the woman.


CREDIT(S)


Laws 2010, c. 314, § 4, eff. May 11, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-305.7


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-305.7. Statistical report by the Department of Health


(1) In accordance with Subsection (2), the Department of Health shall, on an annual basis, after July 1 of each year, compile and report the following information, relating to the preceding fiscal year, to the Health and Human Services Interim Committee:


(a) the total amount of informed consent material described in this section that was distributed or accessed;


(b) the number of women who obtained abortions in this state without receiving the informed consent materials described in this section;


(c) the number of statements signed by attending physicians under Subsection 76-7-305.6(4); and


(d) any other information pertaining to obtaining informed consent from a woman who seeks an abortion.


(2) The report described in Subsection (1) shall be prepared and presented in a manner that preserves physician and patient anonymity.


CREDIT(S)


Laws 2010, c. 314, § 5, eff. May 11, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-306


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-306. Refusal to participate, admit, or treat for abortion based on religious or moral grounds--Cause of action


(1) As used in this section:


(a) “Health care facility” is as defined in Section 26-21-2.


(b) “Health care provider” means an individual who is an employee of, has practice privileges at, or is otherwise associated with a health care facility.


(2) A health care provider may, on religious or moral grounds, refuse to perform or participate in any way, in:


(a) an abortion; or


(b) a procedure that is intended to, or likely to, result in the termination of a pregnancy.


(3) Except as otherwise required by law, a health care facility may refuse, on religious or moral grounds, to:


(a) admit a patient for an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy; or


(b) perform for a patient an abortion procedure or another procedure that is intended to, or likely to, result in the termination of a pregnancy.


(4) A health care provider's refusal under Subsection (2) and a health care facility's refusal under Subsection (3) may not be the basis for civil liability or other recriminatory action.


(5) A health care facility, employer, or other person may not take an adverse action against a health care provider for exercising the health care provider's right of refusal described in Subsection (2), or for bringing or threatening to bring an action described in Subsection (6), including:


(a) dismissal;


(b) demotion;


(c) suspension;


(d) discipline;


(e) discrimination;


(f) harassment;


(g) retaliation;


(h) adverse change in status;


(i) termination of, adverse alteration of, or refusal to renew an association or agreement; or


(j) refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status that the health care provider would have otherwise received.


(6) A person who is adversely impacted by conduct prohibited in Subsection (5) may bring a civil action for equitable relief, including reinstatement, and for damages. A person who brings an action under this section must commence the action within three years after the day on which the cause of action arises.


CREDIT(S)


Laws 1974, c. 33, § 6; Laws 1995, c. 20, § 130, eff. May 1, 1995; Laws 2011, c. 277, § 1, eff. May 10, 2011.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-307


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-307. Medical procedure required to save life of unborn child


If an abortion is performed when the unborn child is sufficiently developed to have any reasonable possibility of survival outside its mother's womb, the medical procedure used must be that which, in the best medical judgment of the physician will give the unborn child the best chance of survival. No medical procedure designed to kill or injure that unborn child may be used unless necessary, in the opinion of the woman's physician, to prevent grave damage to her medical health.


CREDIT(S)


Laws 1974, c. 33, § 7; Laws 1991, 1st Sp.Sess., c. 2, § 5.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-308


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-308. Medical skills required to preserve life of unborn child


Consistent with the purpose of saving the life of the woman or preventing grave damage to the woman's medical health, the physician performing the abortion must use all of his medical skills to attempt to promote, preserve and maintain the life of any unborn child sufficiently developed to have any reasonable possibility of survival outside of the mother's womb.


CREDIT(S)


Laws 1974, c. 33, § 8; Laws 1991, 1st Sp.Sess., c. 2, § 6.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-308.5


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-308.5. Administration of anesthetic or analgesic to an unborn child


A physician who performs an abortion of an unborn child who is at least 20 weeks gestational age shall administer an anesthetic or analgesic to eliminate or alleviate organic pain to the unborn child that may be caused by the particular method of abortion to be employed, if the woman having the abortion consents to the administration of an anesthetic or analgesic to the unborn child, unless the physician is prevented from administering the anesthetic or analgesic by a medical emergency.


CREDIT(S)


Laws 2009, c. 57, § 3, eff. May 12, 2009.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-309


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-309. Pathologist's report


Any human tissue removed during an abortion shall be submitted to a pathologist who shall make a report, including, but not limited to whether there was a pregnancy, and if possible, whether the pregnancy was aborted by evacuating the uterus.


CREDIT(S)


Laws 1974, c. 33, § 9.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-310


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-310. Experimentation with unborn children prohibited--Testing for genetic defects


Live unborn children may not be used for experimentation, but when advisable, in the best medical judgment of the physician, may be tested for genetic defects.


CREDIT(S)


Laws 1974, c. 33, § 10.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-310.5


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-310.5. Prohibition of specified abortion procedures--Viability defined


(1) As used in this section, “saline abortion procedure” means performance of amniocentesis and injection of saline into the amniotic sac within the uterine cavity.


(2)(a) After viability has been determined in accordance with Subsection (2)(b), no person may knowingly perform a saline abortion procedure unless all other available abortion procedures would pose a risk to the life or the health of the pregnant woman.


(b) For purposes of this section determination of viability shall be made by the physician, based upon his own best clinical judgment. The physician shall determine whether, based on the particular facts of a woman's pregnancy that are known to him, and in light of medical technology and information reasonably available to him, there is a realistic possibility of maintaining and nourishing a life outside of the womb, with or without temporary, artificial life-sustaining support.


(3) Intentional, knowing, and willful violation of this section is a third degree felony.


CREDIT(S)


Laws 1996, c. 267, § 1, eff. April 29, 1996; Laws 2004, c. 272, § 2, eff. May 3, 2004.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-311


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-311. Selling and buying unborn children prohibited


Selling, buying, offering to sell and offering to buy unborn children is prohibited.


CREDIT(S)


Laws 1974, c. 33, § 11.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-312


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-312. Intimidation or coercion to obtain abortion prohibited


No person shall intimidate or coerce in any way any person to obtain an abortion.


CREDIT(S)


Laws 1974, c. 33, § 12.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-313


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-313. Physician's report to Department of Health


(1) In order for the state Department of Health to maintain necessary statistical information and ensure enforcement of the provisions of this part, any physician performing an abortion must obtain and record in writing:


(a) the age, marital status, and county of residence of the woman on whom the abortion was performed;


(b) the number of previous abortions performed on the woman described in Subsection (1)(a);


(c) the hospital or other facility where the abortion was performed;


(d) the weight in grams of the unborn child aborted, if it is possible to ascertain;


(e) the pathological description of the unborn child;


(f) the given menstrual age of the unborn child;


(g) the measurements of the unborn child, if possible to ascertain; and


(h) the medical procedure used to abort the unborn child.


(2) Each physician who performs an abortion shall provide the following to the Department of Health within 30 days after the day on which the abortion is performed:


(a) the information described in Subsection (1);


(b) a copy of the pathologist's report described in Section 76-7-309;


(c) an affidavit:


(i) that the required consent was obtained pursuant to Sections 76-7-305, 76-7-305.5, and 76-7-305.6; and


(ii) described in Subsection 76-7-305.6(4), if applicable; and


(d) a certificate indicating:


(i) whether the unborn child was or was not viable, as defined in Subsection 76-7-302(1), at the time of the abortion; and


(ii) if the unborn child was viable, as defined in Subsection 76-7-302(1), at the time of the abortion, the reason for the abortion.


(3) All information supplied to the Department of Health shall be confidential and privileged pursuant to Title 26, Chapter 25, Confidential Information Release.


CREDIT(S)


Laws 1981, c. 126, § 57; Laws 2010, c. 314, § 6, eff. May 11, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-314


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-314. Violations of abortion laws--Classifications


(1) A willful violation of Section 76-7-307, 76-7-308, 76-7-310, 76-7-310.5, 76-7-311, or 76-7-312 is a felony of the third degree.


(2) A violation of Section 76-7-326 is a felony of the third degree.


(3) A violation of Section 76-7-314.5 is a felony of the second degree.


(4) A violation of any other provision of this part is a class A misdemeanor.


CREDIT(S)


Laws 1974, c. 33, § 14; Laws 1991, c. 1, § 4; Laws 1991, 1st Sp.Sess., c. 2, § 7; Laws 1996, c. 267, § 2, eff. April 29, 1996; Laws 2004, c. 272, § 3, eff. May 3, 2004; Laws 2009, c. 38, § 2, eff. May 12, 2009; Laws 2010, c. 13, § 6, eff. March 8, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-314.5


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-314.5. Killing an unborn child


(1) A person is guilty of killing an unborn child if the person causes the death of an unborn child by performing an abortion of the unborn child in violation of the provisions of Subsection 76-7-302(3).


(2) A woman is not criminally liable for:


(a) seeking to obtain, or obtaining, an abortion that is permitted by this part; or


(b) a physician's failure to comply with Subsection 76-7-302(3)(b)(ii) or Section 76-7-305.


CREDIT(S)


Laws 2009, c. 38, § 3, eff. May 12, 2009; Laws 2010, c. 13, § 7, eff. March 8, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-315


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-315. Exceptions to certain requirements in serious medical emergencies


When due to a serious medical emergency, time does not permit compliance with Section 76-7-302, 76-7-305, 76-7-305.5, 76-7-308.5, or 76-7-310.5 the provisions of those sections do not apply.


CREDIT(S)


Laws 1974, c. 33, § 15; Laws 1991, c. 1, § 5; Laws 1996, c. 267, § 3, eff. April 29, 1996; Laws 1996, c. 311, § 3, eff. Sept. 1, 1996; Laws 2006, c. 207, § 6, eff. May 1, 2006; Laws 2009, c. 57, § 4, eff. May 12, 2009.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-316


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-316. Actions not precluded


Nothing in this part shall preclude any person believing himself aggrieved by another under this part, from bringing any other action at common law or other statutory provision.


CREDIT(S)


Laws 1974, c. 33, § 16; Laws 1995, c. 20, § 131, eff. May 1, 1995.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-317


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-317. Separability clause


If any one or more provision, section, subsection, sentence, clause, phrase or word of this part or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this part shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed this part, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.


CREDIT(S)


Laws 1974, c. 33, § 17.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-317.1


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-317.1. Abortion Litigation Account


(1) As used in this section, “account” means the Abortion Litigation Account created in this section.


(2) There is created a restricted account within the General Fund known as the “Abortion Litigation Account.”


(3) The Division of Finance may accept, for deposit in the restricted account, grants, gifts, bequests, or any money made available from any private sources for the purpose described in Subsection (4).


(4) Except as provided in Subsection (9), money deposited into the restricted account on or after May 12, 2009, shall be retained in the account for the purpose of paying litigation and appellate expenses of the Office of the Attorney General, including any court-ordered payment of plaintiff's attorney fees, to defend any law passed by the Legislature on or after January 1, 2009, that:


(a) challenges the legal concept that a woman has a constitutional right to an abortion; or


(b) places a restriction on the right to an abortion.


(5) Money shall be appropriated by the Legislature from the account to the Office of the Attorney General under Title 63J, Chapter 1, Budgetary Procedures Act.


(6) The restricted account may be used only for costs, expenses, and attorney fees connected with the defense of an abortion law described in Subsection (4).


(7) Any funds in the restricted account on May 11, 2009, shall be first used to offset money expended by the state in connection with litigation regarding Senate Bill 23, passed in the 1991 General Session.


(8) Any funds described in Subsection (7) that are not needed to offset the money expended by the state in connection with litigation regarding Senate Bill 23, passed in the 1991 General Session, shall be retained in the account for the purpose described in Subsection (4).


(9)(a) If the Legislature does not pass a law described in Subsection (4) on or before July 1, 2014, the funds in the restricted account shall be used by the Division of Child and Family Services, within the Department of Human Services, for adoption assistance.


(b) If, on or before July 1, 2014, the Legislature passes a law described in Subsection (4), any funds remaining in the restricted account after the litigation and appellate expenses to defend the law are paid shall be used by the Division of Child and Family Services, within the Department of Human Services, for adoption assistance.


CREDIT(S)


Laws 1991, c. 288, § 2; Laws 2008, c. 382, § 2180, eff. May 5, 2008; Laws 2009, c. 43, § 1, eff. May 12, 2009; Laws 2010, c. 278, § 88, eff. May 11, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-317.2


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-317.2. Repealed by Laws 2009, c. 38, § 4, eff. May 12, 2009



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-318


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§§ 76-7-318 to 76-7-320. Repealed by Laws 1974, c. 33, § 18



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-320


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§§ 76-7-318 to 76-7-320. Repealed by Laws 1974, c. 33, § 18



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-321


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-321. Contraceptive and abortion services--Funds--Minor--Definitions


As used in Sections 76-7-321 through 76-7-325:


(1) “Abortion services” means any material, program, plan, or undertaking which seeks to promote abortion, encourages individuals to obtain an abortion, or provides abortions.


(2) “Contraceptive services” means any material, program, plan, or undertaking that is used for instruction on the use of birth control devices and substances, encourages individuals to use birth control methods, or provides birth control devices.


(3) “Funds” means any money, supply, material, building, or project provided by this state or its political subdivisions.


(4) “Minor” means any person under the age of 18 who is not otherwise emancipated, married, or a member of the armed forces of the United States.


CREDIT(S)


Laws 1981, c. 123, § 1; Laws 1983, c. 94, § 1; Laws 1988, c. 50, § 2; Laws 1995, c. 20, § 132, eff. May 1, 1995.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-322


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-322. Public funds for provision of contraceptive or abortion services restricted


No funds of the state or its political subdivisions shall be used to provide contraceptive or abortion services to an unmarried minor without the prior written consent of the minor's parent or guardian.


CREDIT(S)


Laws 1981, c. 123, § 2; Laws 1988, c. 50, § 3.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-323


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-323. Public funds for support entities providing contraceptive or abortion services restricted


No agency of the state or its political subdivisions shall approve any application for funds of the state or its political subdivisions to support, directly or indirectly, any organization or health care provider that provides contraceptive or abortion services to an unmarried minor without the prior written consent of the minor's parent or guardian. No institution shall be denied state or federal funds under relevant provisions of law on the ground that a person on its staff provides contraceptive or abortion services in that person's private practice outside of such institution.


CREDIT(S)


Laws 1981, c. 123, § 3; Laws 1988, c. 50, § 4.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-324


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-324. Violation of restrictions on public funds for contraceptive or abortion services as misdemeanor


Any agent of a state agency or political subdivision, acting alone or in concert with others, who violates Section 76-7-322, 76-7-323, or 76-7-331 is guilty of a class B misdemeanor.


CREDIT(S)


Laws 1981, c. 123, § 4; Laws 1988, c. 50, § 5; Laws 2004, c. 271, § 1, eff. May 3, 2004.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-325


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-325. Notice to parent or guardian of minor requesting contraceptive--Definition of contraceptives--Penalty for violation


(1) Any person before providing contraceptives to a minor shall notify, whenever possible, the minor's parents or guardian of the service requested to be provided to such minor. Contraceptives shall be defined as appliances (including but not limited to intrauterine devices), drugs, or medicinal preparations intended or having special utility for prevention of conception.


(2) Any person in violation of this section shall be guilty of a class C misdemeanor.


CREDIT(S)


Laws 1983, c. 94, § 2.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-326


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-326. Partial birth abortions prohibited


Any physician who knowingly performs a partial birth abortion and thereby kills a human fetus shall be fined or imprisoned, or both, as provided under this part. 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, physical illness, or physical injury, including a life endangering physical condition caused by or arising from the pregnancy itself.


CREDIT(S)


Laws 2004, c. 272, § 4, eff. May 3, 2004.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-327


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-327. Remedies for father or maternal grandparents


(1) The father, if married to the mother at the time she receives a partial birth abortion, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.


(2) Such relief shall include:


(a) money damages for all injuries, psychological and physical, occasioned by the violation of Section 76-7-326; and


(b) statutory damages equal to three times the cost of the partial birth abortion.


CREDIT(S)


Laws 2004, c. 272, § 5, eff. May 3, 2004; Laws 2010, c. 13, § 8, eff. March 8, 2010.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-328


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-328. Hearing to determine necessity of physician's conduct


(1) A physician accused of an offense under Section 76-7-326 may seek a hearing before the Physicians Licensing Board created in Section 58-67-201, or the Osteopathic Physician and Surgeon's Licensing Board created in Section 58-68-201 on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition caused by or arising from the pregnancy itself.


(2) The findings on that issue are admissible on that issue at the trial of the physician. Upon a motion from the physician, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.


CREDIT(S)


Laws 2004, c. 272, § 6, eff. May 3, 2004.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-329


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-329. Repealed by Laws 2010, c. 13, § 9, eff. March 8, 2010



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-330


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-330. Contingent continuance of prior law


(1) If the implementation of Section 76-7-326 enacted by this bill is stayed or otherwise ordered by a court of competent jurisdiction to not be implemented, beginning on the day on which the implementation of Section 76-7-326 is stayed or otherwise ordered not to be implemented the statutes listed in Subsection (2) shall:


(a) be given effect as if this bill did not amend those statutes; and


(b) remain in effect as if not amended by this bill until the day on which a court orders that Section 76-7-326 may be implemented.


(2) Subsection (1) applies to:


(a) Section 76-7-301;


(b) Section 76-7-310.5; and


(c) Section 76-7-314.


(3) Nothing in this section prevents the Legislature from amending, repealing, or taking any other action regarding the sections listed in Subsection (2) in this or a subsequent session.


CREDIT(S)


Laws 2004, c. 272, § 8, eff. May 3, 2004.



Current through 2012 Fourth Special Session.



U.C.A. 1953 § 76-7-331


West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 7. Offenses Against the Family (Refs & Annos)

Part 3. Abortion

§ 76-7-331. Public funding of abortion forbidden


(1) As used in this section, “damage to a major bodily function” refers only to injury or impairment of a physical nature and may not be interpreted to mean mental, psychological, or emotional harm, illness, or distress.


(2) Public funds of the state, its institutions, or its political subdivisions may not be used to pay or otherwise reimburse, either directly or indirectly, any person, agency, or facility for the performance of any induced abortion services unless:


(a) in the professional judgment of the pregnant woman's attending physician, the abortion is necessary to save the pregnant woman's life;


(b) the pregnancy is the result of rape or incest reported to law enforcement agencies, unless the woman was unable to report the crime for physical reasons or fear of retaliation; or


(c) in the professional judgment of the pregnant woman's attending physician, the abortion is necessary to prevent permanent, irreparable, and grave damage to a major bodily function of the pregnant woman provided that a caesarian procedure or other medical procedure that could also save the life of the child is not a viable option.


(3) Any officer or employee of the state who knowingly authorizes the use of funds prohibited by this section shall be dismissed from that person's office or position and the person's employment shall be immediately terminated.


CREDIT(S)


Laws 2004, c. 271, § 2, eff. May 3, 2004.



Current through 2012 Fourth Special Session.


Chapter 8. Crimes Involving Morals and Decency

Tags:12 VA (2.6%)

VA Code Ann. § 18.2-390


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 6. Prohibited Sales and Loans to Juveniles (Refs & Annos)

§ 18.2-390. Definitions


As used in this article:


(1) “Juvenile” means a person less than 18 years of age.


(2) “Nudity” means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.


(3) “Sexual conduct” means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such be female, breast.


(4) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.


(5) “Sadomasochistic abuse” means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.


(6) “Harmful to juveniles” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.


(7) “Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) the age of the juvenile, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile.


(8) “Video or computer game” means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, television gaming system, console, or other technology.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 492; Acts 1976, c. 504; Acts 2006, c. 463.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-391


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 6. Prohibited Sales and Loans to Juveniles (Refs & Annos)

§ 18.2-391. Unlawful acts; penalties


A. It shall be unlawful for any person to sell, rent or loan to a juvenile, knowing or having reason to know that such person is a juvenile, or to knowingly display for commercial purpose in a manner whereby juveniles may examine and peruse:


1. Any picture, photography, drawing, sculpture, motion picture in any format or medium, video or computer game, electronic file or message containing an image, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, or


2. Any book, pamphlet, magazine, printed matter however reproduced, electronic file or message containing words, or sound recording which contains any matter enumerated in subdivision 1 of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles.


However, if a person uses services of an Internet service provider or an electronic mail service provider in committing acts prohibited under this subsection, such Internet service provider or electronic mail service provider shall not be held responsible for violating this subsection.


B. It shall be unlawful for any person knowingly to sell to a juvenile an admission ticket or pass, or knowingly to admit a juvenile to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by juveniles not admitted to any such premises.


C. It shall be unlawful for any juvenile falsely to represent to any person mentioned in subsection A or subsection B hereof, or to his agent, that such juvenile is 18 years of age or older, with the intent to procure any material set forth in subsection A, or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in subsection B.


D. It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection A or subsection B hereof or to his agent, that he is the parent or guardian of any juvenile, or that any juvenile is 18 years of age, with the intent to procure any material set forth in subsection A, or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in subsection B.


E. No person shall sell, rent, or loan any item described in subdivision A 1 or A 2 to any individual who does not demonstrate his age in accordance with the provisions of subsection C of § 18.2-371.2.


F. A violation of subsection A, B, C, or D is a Class 1 misdemeanor. A person or separate retail establishment who violates subsection E shall be liable for a civil penalty not to exceed $100 for a first violation, a civil penalty not to exceed $200 for a second violation, and a civil penalty not to exceed $500 for a third or subsequent violation.


CREDIT(S)


Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 504; Acts 1985, c. 506; Acts 1987, c. 356; Acts 1999, c. 936; Acts 2000, c. 1009; Acts 2001, c. 451; Acts 2006, c. 463.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-391.1


Effective:[See Text Amendments]


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 8. Crimes Involving Morals and Decency (Refs & Annos)

Article 6. Prohibited Sales and Loans to Juveniles (Refs & Annos)

§ 18.2-391.1. Exceptions to application of article


Nothing contained in this article shall be construed to apply to:


1. The purchase, distribution, exhibition, or loan of any work of art, book, magazine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher learning.


2. The exhibition or performance of any play, drama, tableau, or motion picture by any theatre, museum, school or institution of higher learning, either supported by public appropriation or which is an accredited institution supported by private funds.


CREDIT(S)


Acts 1977, c. 480.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


Chapter 23. Offenses Against the Family

Tags:41 ME (0.4%)

17-A M.R.S.A. § 551



Effective:[See Text Amendments]



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 23. Offenses Against the Family (Refs & Annos)

§ 551. Bigamy



1. A person is guilty of bigamy if, having a spouse, he intentionally marries or purports to marry, knowing that he is legally ineligible to do so.



2. Bigamy is a Class E crime.



CREDIT(S)



1975, c. 499, § 1, eff. May 1, 1976.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 552



Effective:[See Text Amendments]



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 23. Offenses Against the Family (Refs & Annos)

§ 552. Nonsupport of dependents



1. A person is guilty of nonsupport of dependents if he knowingly fails to provide support which he is able by means of property or capacity for labor to provide and which he knows he is legally obliged to provide to a spouse, child or other person declared by law to be his dependent.



2. As used in this section, “support” includes but is not limited to food, shelter, clothing and other necessary care.



2-A. Prosecution may be brought in any venue where either the dependent or the defendant resides.



3. Nonsupport of dependents is a Class E crime.



4. A person placed on probation as a result of a violation of this section may be placed under the supervision of the Department of Health and Human Services. Notwithstanding any other provision of law, the period of probation may extend to the time when the youngest dependent attains the age of 18.



CREDIT(S)



1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 293, § 4; 1981, c. 657, § 1; 2003, c. 689, § B-6, eff. July 1, 2004.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 553



Effective:[See Text Amendments]



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 23. Offenses Against the Family (Refs & Annos)

§ 553. Abandonment of child



1. A person is guilty of abandonment of a child if, being a parent, guardian or other person legally charged with the long-term care and custody of a child under 14 years of age, or a person to whom the long-term care and custody of a child under 14 years of age has been expressly delegated:



A. The person leaves the child in a place with the intent to abandon the child. Violation of this paragraph is a Class D crime; or



B. The person leaves the child who is less than 6 years of age in a place with the intent to abandon the child. Violation of this paragraph is a Class C crime.



2. Repealed. Laws 2001, c. 383, § 69, eff. Jan. 31, 2003.



3. It is an affirmative defense to a prosecution under this section that, at the time the offense occurred:



A. The child was less than 31 days of age; and



B. The child was delivered by the person charged under this section to an individual the person reasonably believed to be:



(1) A law enforcement officer;



(2) Staff at a medical emergency room;



(3) A medical services provider as defined in Title 22, section 4018; or



(4) A hospital staff member at a hospital.



CREDIT(S)



1975, c. 499, § 1, eff. May 1, 1976; 1995, c. 694, § C-2, eff. Oct. 1, 1997; 2001, c. 383, §§ 68, 69, eff. Jan. 31, 2003; 2001, c. 543, § 1.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 554



Effective:[See Text Amendments]



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 23. Offenses Against the Family (Refs & Annos)

§ 554. Endangering the welfare of a child



1. A person is guilty of endangering the welfare of a child if that person:



A. Knowingly permits a child under 16 years of age to enter or remain in a house of prostitution;



B. Knowingly sells, furnishes, gives away or offers to sell, furnish or give away to a child under 16 years of age any intoxicating liquor, cigarettes, tobacco, air rifles, gunpowder, smokeless powder or ammunition for firearms;



B-1. Being the parent, foster parent, guardian or other person having the care and custody of the child, cruelly treats that child by abuse, neglect or extreme punishment;



B-2. Being a parent, foster parent, guardian or other person responsible for the long-term general care and welfare of a child under 16, recklessly fails to take reasonable measures to protect the child from the risk of further bodily injury after knowing:



(1) That the child had, in fact, sustained serious bodily injury or bodily injury under circumstances posing a substantial risk of serious bodily injury; and



(2) That such bodily injury was, in fact, caused by the unlawful use of physical force by another person;



B-3. Being the parent, foster parent, guardian or other person having the care and custody of the child, knowingly deprives the child of necessary health care, with the result that the child is placed in danger of serious harm; or



C. Otherwise recklessly endangers the health, safety or welfare of a child under 16 years of age by violating a duty of care or protection.



2. It is an affirmative defense to prosecution under this section that:



A. The defendant was the parent, foster parent, guardian or other similar person responsible for the long-term general care and welfare of a child under 16 years of age who furnished the child cigarettes, tobacco or a reasonable amount of intoxicating liquor in the actor's home and presence;



B. The defendant was a person acting pursuant to authority expressly or impliedly granted in Title 22; or



C. The defendant was the parent, foster parent, guardian or an adult approved by the parent, foster parent or guardian who furnished a child under 16 years of age an air rifle, gunpowder, smokeless powder or ammunition for a firearm for use in a supervised manner.



3. Endangering the welfare of a child is a Class D crime, except that a violation of subsection 1, paragraph B-2 is a Class C crime.



CREDIT(S)



1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 71, eff. May 1, 1976; 1977, c. 696, § 170, eff. March 31, 1978; 1989, c. 445, § 7; 1991, c. 672, §§ 1, 2; 1995, c. 263, §§ 1, 2; 1995, c. 694, §§ C-3, C-4, eff. Oct. 1, 1997; 1999, c. 11, §§ 1, 2; 2001, c. 429, §§ 1 to 3; 2005, c. 373, §§ 1, 2.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 554-A



Effective: June 30, 2008



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 23. Offenses Against the Family (Refs & Annos)

§ 554-A. Unlawful transfer of a firearm other than a handgun to a minor



1. As used in this section, the following terms have the following meanings.



A. “Transfer” means to sell, furnish, give, lend, deliver or otherwise provide, with or without consideration.



B. Deleted. Laws 2007, c. 512, § 1.



C. “Sell” means to furnish, deliver or otherwise provide for consideration.



D. “Firearm” means a firearm other than a handgun as defined in section 554-B, subsection 1, paragraph A.



2. A person is guilty of unlawfully transferring a firearm to a person under 16 years of age if that person, who is not the parent, foster parent or guardian of the person under 16 years of age, knowingly transfers a firearm to a person under 16 years of age. Violation of this subsection is a Class D crime.



2-A. A person is guilty of unlawfully selling a firearm to a person 16 years of age or older and under 18 years of age if that person, who is not the parent, foster parent or guardian of the person 16 years of age or older and under 18 years of age, knowingly sells a firearm to a person 16 years of age or older and under 18 years of age.



A. A person who violates this subsection commits a civil violation for which a fine of not more than $500 may be adjudged.



B. A person who violates this subsection after having been adjudicated as having committed one or more violations under this subsection commits a Class D crime.



3. It is an affirmative defense to a prosecution under subsection 2 that:



A. The actor reasonably believed the person receiving the firearm had attained 16 years of age. A reasonable belief cannot be based solely upon the physical appearance of the person or upon the oral representation of that person as to that person's age; or



B. The transfer of the firearm to the person under 16 years of age was approved by the parent, foster parent or guardian of the person under 16 years of age.



3-A. It is an affirmative defense to a prosecution under subsection 2-A that:



A. The actor reasonably believed the person receiving the firearm had attained 18 years of age. A reasonable belief cannot be based solely upon the physical appearance of the person or upon the oral representation of that person as to that person's age; or



B. The sale of the firearm to the person 16 years of age or older and under 18 years of age was approved by the parent, foster parent or guardian of the person 16 years of age or older and under 18 years of age.



4. Deleted. Laws 2007, c. 512, § 1.



CREDIT(S)



1995, c. 263, § 3; 2003, c. 188, § 1; 2007, c. 512, § 1.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 554-B



Effective: June 30, 2008



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 23. Offenses Against the Family (Refs & Annos)

§ 554-B. Unlawful transfer of handgun to minor



1. As used in this section, the following terms have the following meanings.



A. “Handgun” means a firearm that has a short stock and is designed to be held and fired by the use of a single hand, or any combination of parts from which a handgun can be assembled.



B. “Minor” means a person under 18 years of age.



C. “Transfer” means to sell, furnish, give, lend, deliver or otherwise provide, with or without consideration.



2. A person is guilty of unlawfully transferring a handgun to a minor if that person knowingly transfers a handgun to a person who the transferor knows or has reasonable cause to believe is a minor.



3. This section does not apply to:



A. A temporary transfer of a handgun to a minor:



(1) With the prior written consent of the minor's parent or guardian and that parent or guardian is not prohibited by federal, state or local law from possessing a firearm; or



(2) In the course of employment, target practice, hunting or instruction in the safe and lawful use of a handgun.



The minor may transport an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in this subparagraph is to take place and directly from the place at which such an activity took place to the transferor;



B. A minor who is a member of the United States Armed Forces or the National Guard who possesses or is armed with a handgun in the line of duty;



C. A transfer by inheritance of title to, but not possession of, a handgun to a minor; or



D. The transfer of a handgun to a minor when the minor takes the handgun in self-defense or in defense of another person against an intruder into the residence of the minor or a residence in which the minor is an invited guest.



4. The State may not permanently confiscate a handgun that is transferred to a minor in circumstances in which the transferor is not in violation of this section and if the possession of the handgun by the minor subsequently becomes unlawful because of the conduct of the minor. When that handgun is no longer required by the State for the purposes of investigation or prosecution, the handgun must be returned to the lawful owner.



5. The following penalties apply.



A. A person who violates this section commits a Class D crime, except as provided in paragraph B.



B. A person who violates this section and, at the time of the offense, has one or more prior convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.



CREDIT(S)



2003, c. 188, § 2; 2007, c. 476, § 24.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 555



Effective:[See Text Amendments]



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 23. Offenses Against the Family (Refs & Annos)

§ 555. Endangering welfare of dependent person



1. A person is guilty of endangering the welfare of a dependent person if:



A. The person recklessly endangers the health, safety or mental welfare of a dependent person who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. Violation of this paragraph is a Class D crime; or



B. The person intentionally or knowingly endangers the health, safety or mental welfare of a dependent person who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect. Violation of this paragraph is a Class C crime.



2. As used in this section, “endangers” includes a failure to act only when the defendant has a legal duty to protect the health, safety or mental welfare of the dependent person. For purposes of this section, a legal duty may be inferred if the defendant has assumed responsibility for the care of the dependent person.



CREDIT(S)



1975, c. 499, § 1, eff. May 1, 1976; 1995, c. 110, § 1; 2001, c. 111, § 1; 2005, c. 431, § 1.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 556



Effective: June 30, 2008



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 23. Offenses Against the Family (Refs & Annos)

§ 556. Incest



1. A person is guilty of incest if the person is at least 18 years of age and:



A. Engages in sexual intercourse with another person who the actor knows is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class D crime; or



B. Violates paragraph A and, at the time of the incest, the person has 2 or more prior Maine convictions under this section or for engaging in substantially similar conduct to that contained in this section in another jurisdiction. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.



1-A. It is a defense to a prosecution under this section that, at the time the actor engaged in sexual intercourse with the other person, the actor was legally married to the other person.



1-B. As used in this section “sexual intercourse” means any penetration of the female sex organ by the male sex organ. Emission is not required.



1-C. As used in this section, “related to the actor within the 2nd degree of consanguinity” has the following meanings.



A. When the actor is a woman, it means the other person is her father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother or mother's brother.



B. When this actor is a man, it means the other person is his mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister or mother's sister.



2. Repealed. Laws 2001, c. 383, § 72, eff. Jan. 31, 2003.



CREDIT(S)



1975, c. 499, § 1, eff. May 1, 1976; 1975, c. 740, § 72, eff. May 1, 1976; 1977, c. 510, § 57; 1989, c. 401, § A, 7; 1993, c. 451, § 3; 2001, c. 383, §§ 70 to 72, eff. Jan. 31, 2003; 2007, c. 476, § 25.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature




17-A M.R.S.A. § 557



Effective:[See Text Amendments]



Maine Revised Statutes Annotated Currentness

Title 17-A. Maine Criminal Code

Part 2. Substantive Offenses

Chapter 23. Offenses Against the Family (Refs & Annos)

§ 557. Other defenses



For the purposes of this chapter, a person who in good faith provides treatment for a child or dependent person by spiritual means through prayer may not for that reason alone be determined to have knowingly endangered the welfare of that child or dependent person.



CREDIT(S)



1975, c. 499, § 1, eff. May 1, 1976; 1995, c. 110, § 2; 2005, c. 373, § 3.



Current with emergency legislation through Chapter 75 of the 2013 First Regular Session of the 126th Legislature


Chapter 9.91. Miscellaneous Crimes (Refs & Annos)

Tags:13 WA (2.2%)

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.91. Miscellaneous Crimes (Refs & Annos)

9.91.060. Leaving children unattended in parked automobile


Every person having the care and custody, whether temporary or permanent, of minor children under the age of twelve years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumption on the premises shall be guilty of a gross misdemeanor.


CREDIT(S)


[1999 c 143 § 9; 1951 c 270 § 17.]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.91.070


Chapter 32. Abortion and Concealing Death of Children (Refs & Annos)

Tags:28 OK (1.2%)

21 Okl.St.Ann. § 861

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 32. Abortion and Concealing Death of Children (Refs & Annos)

§ 861. Procuring an abortion


Every person who administers to any woman, or who prescribes for any woman, or advises or procures any woman to take any medicine, drug or substance, or uses or employs any instrument, or other means whatever, with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than two (2) years nor more than five (5) years.


CREDIT(S)


R.L.1910, § 2436; Laws 1961, p. 230, § 1; Laws 1997, c. 133, § 257, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 161, eff. July 1, 1999.


VALIDITY


<Section held unconstitutional by Henrie v. Derryberry, N.D.Okla.1973, 358 F.Supp. 719. See Notes of Decisions, post>


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 862

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 32. Abortion and Concealing Death of Children (Refs & Annos)

§ 862. Submitting to or soliciting attempt to commit abortion


Every woman who solicits of any person any medicine, drug, or substance whatever, and takes the same, or who submits to any operation, or to the use of any means whatever, with intent thereby to procure a miscarriage, unless the same is necessary to preserve her life, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding One Thousand Dollars ($1,000.00), or by both.


CREDIT(S)


R.L.1910, § 2437.


VALIDITY


<Section held unconstitutional by Henrie v. Derryberry, N.D.Okla.1973, 358 F.Supp. 719. See Notes of Decisions, post>


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 863

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 32. Abortion and Concealing Death of Children (Refs & Annos)

§ 863. Concealing stillbirth or death of child


Every woman who endeavors either by herself or by the aid of others to conceal the stillbirth of an issue of her body, which if born alive would be a bastard, or the death of any such issue under the age of two (2) years, is punishable by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.


CREDIT(S)


R.L.1910, § 2438.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. Pt. IV, Ch. 32A, Refs & Annos

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 32A. Trafficking in Children


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)


Chapter 720. Criminal Offenses

Tags:05 IL (4.1%)

Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against Persons

Act 150. Wrongs to Children Act (Refs & Annos)

150/0.01. Short title


§ 0.01. Short title. This Act may be cited as the Wrongs to Children Act.



CREDIT(S)



Laws 1877, p. 90, § 0.01, added by P.A. 86-1324, § 191, eff. Sept. 6, 1990.


Formerly Ill.Rev.Stat.1991, ch. 23, ¶ 2350.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 150/1

Formerly cited as IL ST CH 23 ¶ 2351


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against Persons

Act 150. Wrongs to Children Act (Refs & Annos)

150/1. Unlawful employment; exceptions


§ 1. It shall be unlawful for any person having the care, custody or control of any child under the age of fourteen years, to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out, or otherwise dispose of any such child to any person in or for the vocation or occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, contortionist, rider or acrobat in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for, or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage any such child to engage therein. Nothing in this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy (or at any respectable entertainment), or the teaching or learning the science or practice of music.



CREDIT(S)



Laws 1877, p. 90, § 1, eff. July 1, 1877.


Formerly Ill.Rev.Stat.1991, ch. 23, ¶ 2351, transferred from Ill.Rev.Stat.1961, ch. 38, ¶ 92.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 150/2

Formerly cited as IL ST CH 23 ¶ 2352


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against Persons

Act 150. Wrongs to Children Act (Refs & Annos)

150/2. Unlawful to exhibit


§ 2. It shall also be unlawful for any person to take, receive, hire, employ, use, exhibit, or have in custody any child under the age and for the purposes prohibited in the first section of this act.



CREDIT(S)



Laws 1877, p. 90, § 2, eff. July 1, 1877.


Formerly Ill.Rev.Stat.1991, ch. 23, ¶ 2352, transferred from Ill.Rev.Stat.1961, ch. 38, ¶ 93.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 150/3

Formerly cited as IL ST CH 23 ¶ 2353


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against Persons

Act 150. Wrongs to Children Act (Refs & Annos)

150/3. Order as to custody


§ 3. When upon examination before any court it appears that any child within the age previously mentioned in this Act was engaged or used for or in any business, exhibition, vocation, or purpose prohibited in this Act; and when upon the conviction of any person of a criminal assault upon a child in his custody, the court before whom such conviction is had, shall deem it desirable for the welfare of such child, that the person so convicted should be deprived of its custody; thereafter such child shall be deemed to be in the custody of court, and such court may in its discretion, make such order as to the custody thereof as now is, or hereafter may be, provided by law in cases of vagrant, truant, disorderly, pauper, or destitute children.



CREDIT(S)



Laws 1877, p. 90, § 3, eff. July 1, 1877. Amended by P.A. 77-1274, § 1, eff. Aug. 24, 1971.


Formerly Ill.Rev.Stat.1991, ch. 23, ¶ 2353, transferred from Ill.Rev.Stat.1961, ch. 38, ¶ 94.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 150/3.1

Formerly cited as IL ST CH 23 ¶ 2353.1


Effective:[See Text Amendments]


West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Offenses Against Persons

Act 150. Wrongs to Children Act (Refs & Annos)

150/3.1. Required employment of single parent


§ 3.1. No agency of the State or unit of local government shall require a single parent or other person having the care, custody or control of any child under the age of 6 to accept employment that would unreasonably interfere with such responsibilities to the child. It is unlawful for any person acting under color of law to require or to attempt to require such employment of a parent or other person having the care, custody or control of such a child.



CREDIT(S)



Laws 1877, p. 90, § 3.1, added by P.A. 80-860, § 2, eff. Sept. 21, 1977.


Formerly Ill.Rev.Stat.1991, ch. 23, ¶ 2353.1.


Current through P.A. 98-16 of the 2013 Reg. Sess.



720 ILCS 150/4

Formerly cited as IL ST CH 23 ¶ 2354


Chapter 30. Miscellaneous Offenses Against the Person  Abuse of Elderly or Disabled Persons

Tags:28 OK (1.2%)

21 Okl.St.Ann. § 843

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Abuse of Elderly or Disabled Persons

§ 843. Renumbered as Title 10, § 7115 by Laws 1995, c. 353, § 20, eff. Nov. 1, 1995


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 843.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Abuse of Elderly or Disabled Persons

§ 843.1. Caretakers--Abuse, financial neglect, neglect, sexual abuse or exploitation of charge


A. 1. No caretaker or other person shall abuse, commit financial neglect, neglect, commit sexual abuse, or exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting, or knowingly cause, secure, or permit any of these acts to be done.


2. For purposes of this section, the terms, “abuse”, “financial neglect”, “neglect”, “sexual abuse”, and “exploit” shall have the same meaning as such terms are defined and clarified in Section 10-103 of Title 43A of the Oklahoma Statutes.


B. 1. Any person convicted of a violation of this section, except as provided in paragraph 2 of this subsection, shall be guilty of a felony. The violator, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed ten (10) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment, and in addition, the person shall be subject to the Elderly and Incapacitated Victim's Protection Act. [FN1] Such person's term shall further be subject to the provisions of Section 13.1 of this title for mandatory minimum sentencing.


2. Any person convicted of violating the provisions of this section by committing sexual abuse shall be guilty of a felony. The person convicted of sexual abuse shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed fifteen (15) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment, and in addition, the person shall be subject to the Elderly and Incapacitated Victim's Protection Act. Such person's imprisonment term imposed pursuant to this section shall further be subject to the provisions of Section 13.1 of this title for mandatory minimum sentencing.


C. Consent shall not be a defense for any violation of this section.


D. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of paragraph 2 of subsection B of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.


CREDIT(S)


Laws 1984, c. 140, § 2, eff. Nov. 1, 1984; Laws 1997, c. 133, § 247, eff. July 1, 1999; Laws 1998, c. 298, § 7, eff. Nov. 1, 1998; Laws 1999, 1st Ex.Sess., c. 5, § 151, eff. July 1, 1999; Laws 2001, c. 428, § 3, emerg. eff. June 5, 2001; Laws 2002, c. 22, § 8, emerg. eff. March 8, 2002; Laws 2007, c. 68, § 1, eff. Nov. 1, 2007; Laws 2007, c. 261, § 5, eff. Nov. 1, 2007; Laws 2008, c. 314, § 1, eff. July 1, 2008.


[FN1] Title 22, § 991a-13 et seq.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 843.2

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part III. Crimes Against the Person

Chapter 30. Miscellaneous Offenses Against the Person

Abuse of Elderly or Disabled Persons

§ 843.2. Verbal abuse of charge


A. No caretaker shall verbally abuse any person entrusted to the care of the caretaker, or knowingly cause, secure, or permit an act of verbal abuse to be done. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor. The violator, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000. 00), or by both such fine and imprisonment.


B. For the purpose of this section, “verbal abuse” means the repeated use of words, sounds, or other forms of communication by a caretaker, including but not limited to, language, gestures, actions or behaviors, that are calculated to humiliate or intimidate or cause fear, embarrassment, shame, or degradation to the person entrusted to the care of the caretaker.


CREDIT(S)


Laws 2001, c. 194, § 2, eff. July 1, 2001.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)


§ 18.2-32.2. Killing a fetus; penalty

Tags:12 VA (2.6%)

West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 1. Homicide (Refs & Annos)

§ 18.2-32.2. Killing a fetus; penalty


A. Any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony.


B. Any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years.


CREDIT(S)


Acts 2004, c. 1023; Acts 2004, c. 1026.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


VA Code Ann. § 18.2-32.3


Effective: April 21, 2010


West's Annotated Code of Virginia Currentness

Title 18.2. Crimes and Offenses Generally (Refs & Annos)

Chapter 4. Crimes Against the Person (Refs & Annos)

Article 1. Homicide (Refs & Annos)

§ 18.2-32.3. Human infant; independent and separate existence


For the purposes of this article, the fact that the umbilical cord has not been cut or that the placenta remains attached shall not be considered in determining whether a human infant has achieved an independent and separate existence.


CREDIT(S)


Acts 2010, c. 810, eff. April 21, 2010; Acts 2010, c. 851, eff. April 21, 2010.



Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3


Chapter 33. Adultery (Refs & Annos)

Tags:28 OK (1.2%)

21 Okl.St.Ann. § 871

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 33. Adultery (Refs & Annos)

§ 871. Adultery defined--Who may institute prosecution


Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex; and when the crime is between persons, only one of whom is married, both are guilty of adultery. Prosecution for adultery can be commenced and carried on against either of the parties to the crime only by his or her own husband or wife as the case may be, or by the husband or wife of the other party to the crime: Provided, that any person may make complaint when persons are living together in open and notorious adultery.


CREDIT(S)


R.L.1910, § 2431.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 872

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 33. Adultery (Refs & Annos)

§ 872. Punishment for adultery


Any person guilty of the crime of adultery shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding five (5) years or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.


CREDIT(S)


R.L.1910, § 2432; Laws 1997, c. 133, § 259, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 163, eff. July 1, 1999.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. Pt. IV, Ch. 34, Refs & Annos

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 34. Bigamy, Incest and Sodomy


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 881

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 34. Bigamy, Incest and Sodomy (Refs & Annos)

§ 881. Bigamy defined


Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section [FN1] is guilty of bigamy.


CREDIT(S)


R.L.1910, § 2439.


[FN1] Title 21, § 882.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 882

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 34. Bigamy, Incest and Sodomy (Refs & Annos)

§ 882. Exceptions to the rule of bigamy


The last preceding section [FN1] does not extend;


1. To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,


2. To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,


3. To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,


4. To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.


CREDIT(S)


R.L.1910, § 2440.


[FN1] Title 21, § 881.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 883

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 34. Bigamy, Incest and Sodomy (Refs & Annos)

§ 883. Bigamy a felony


Any person guilty of bigamy shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years.


CREDIT(S)


R.L.1910, § 2441; Laws 1997, c. 133, § 260, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 164, eff. July 1, 1999.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 884

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 34. Bigamy, Incest and Sodomy (Refs & Annos)

§ 884. Person marrying bigamist


Any person who knowingly marries the husband or wife of another, in any case in which such husband or wife would be punishable according to the foregoing provisions, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.


CREDIT(S)


R.L.1910, § 2442; Laws 1997, c. 133, § 261, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 165, eff. July 1, 1999.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 885

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 34. Bigamy, Incest and Sodomy (Refs & Annos)

§ 885. Incest


Persons who, being within the degrees of consanguinity within which marriages are by the laws of the state declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.


CREDIT(S)


R.L.1910, § 2443; Laws 1997, c. 133, § 262, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 166, eff. July 1, 1999; Laws 2007, c. 261, § 7, eff. Nov. 1, 2007.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 886

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 34. Bigamy, Incest and Sodomy (Refs & Annos)

§ 886. Crime against nature


Every person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, is punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.


CREDIT(S)


R.L.1910, § 2444; Laws 1992, c. 289, § 1, emerg. eff. May 25, 1992; Laws 1997, c. 133, § 263, eff. July 1, 1999; Laws 1997, c. 333, § 5, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 167, eff. July 1, 1999; Laws 2002, c. 460, § 8, eff. Nov. 1, 2002; Laws 2007, c. 261, § 8, eff. Nov. 1, 2007.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 887

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 34. Bigamy, Incest and Sodomy (Refs & Annos)

§ 887. Crime against nature, what penetration necessary


Any sexual penetration, however slight, is sufficient to complete the crime against nature.


CREDIT(S)


R.L.1910, § 2445.


Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)



21 Okl.St.Ann. § 888

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 34. Bigamy, Incest and Sodomy (Refs & Annos)

§ 888. Forcible sodomy


 

<Text as amended by Laws 2002, c. 455, § 4. See, also, text as amended by Laws 2009, c. 234, § 123.>


A. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than twenty (20) years, except as provided in Section 3 of this act. [FN1] Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence.


B. The crime of forcible sodomy shall include:


1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or


2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or


3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or


4. Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state.


CREDIT(S)


Laws 1981, c. 57, § 1; Laws 1982, c. 11, § 1, operative Oct. 1, 1982; Laws 1990, c. 224, § 1, eff. Sept. 1, 1990; Laws 1992, c. 289, § 2, emerg. eff. May 25, 1992; Laws 1997, c. 133, § 264, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 168, eff. July 1, 1999; Laws 2000, c. 175, § 1, eff. Nov. 1, 2000; Laws 2002, c. 455, § 4, emerg. eff. June 5, 2002.


[FN1] O.S.L.2002, c. 455, § 3 [Title 21, § 51.1a].


 

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)


Chapter 22-17. Unauthorized Abortion (Refs & Annos)  22-17-1. Repealed by SL 1977, ch 189, § 126

Tags:46 SD (0.3%)

SDCL § 22-17-1

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1. Repealed by SL 1977, ch 189, § 126


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-1.1

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1.1 to 22-17-4. Repealed by SL 1976, ch 158, § 17-2


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-2

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1.1 to 22-17-4. Repealed by SL 1976, ch 158, § 17-2


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-3

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1.1 to 22-17-4. Repealed by SL 1976, ch 158, § 17-2


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-4

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1.1 to 22-17-4. Repealed by SL 1976, ch 158, § 17-2


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-5

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-5. Unauthorized abortion as felony


Any person who performs, procures or advises an abortion other than authorized by chapter 34-23A is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1977, ch 189, § 44.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-5.1

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-5.1. Procurement of abortion prohibited--Exception to preserve life of pregnant female--Felony


<Section effective on the date states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy>


Any person who administers to any pregnant female or who prescribes or procures for any pregnant female any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 2005, ch 187, § 6.


EFFECTIVE DATE


<Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, § 1, provides:>


<“This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.”>


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-6

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-6. Intentional killing of human fetus by unauthorized injury to mother


Any person who intentionally kills a human fetus by causing an injury to its mother, which is not authorized by chapter 34-23A, is guilty of a Class 4 felony.


CREDIT(S)


Source: SL 1977, ch 189, § 45.


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-7

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-8

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-9

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-10

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-11

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-12

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10



Chapter 25. Children and Incompetent Persons

Tags:50 VT (0.2%)

13 V.S.A. § 1301


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1301. Contributing to juvenile delinquency


A person who causes, encourages, or contributes to the delinquency of a minor shall be imprisoned not more than two years or fined not more than $2,000.00, or both.


CREDIT(S)


1971, Adj. Sess., No. 199, § 4; 1995, Adj. Sess., No. 147, § 2.


Formerly: 1949, No. 195, § 1.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1302


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1302. Repealed



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1303


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1303. Abandonment or exposure of baby


(a) A person who abandons or exposes a child under the age of two years whereby the life or health of such child is endangered shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.


(b)(1) It is not a violation of this section if a person voluntarily delivers a child not more than 30 days of age to:


(A) An employee, staff member, or volunteer at a health care facility.


(B) An employee, staff member, or volunteer at a fire station, police station, place of worship, or an entity that is licensed or authorized in this state to place minors for adoption.


(C) A 911 emergency responder at a location where the responder and the person have agreed to transfer the child.


(2) A person voluntarily delivering a child under this subsection shall not be required to reveal any personally identifiable information, but may be offered the opportunity to provide information concerning the child's or family's medical history.


(3) A person or facility to whom a child is delivered pursuant to this subsection shall not be required to reveal the name of the person who delivered the child unless there is a reasonable suspicion that the child has been abused and shall be immune from civil or criminal liability for any action taken pursuant to this subsection.


(4) A person or facility to whom a child is delivered pursuant to this subsection shall:


(A) Take temporary custody of the child and ensure that he or she receives any necessary medical care.


(B) Provide notice that he, she, or it has taken temporary custody of the child to a local law enforcement agency or the Vermont state police.


(C) Provide notice that he, she, or it has taken temporary custody of the child to the department for children and families, which shall take custody of the child as soon as practicable.


(5) The department for children and families shall develop and implement a public information program to increase public awareness about the provisions of the Baby Safe Haven Law, and shall report on the elements and status of the program by January 15, 2006, to the chairs of the senate committee on health and welfare and the house committee on human services.


(6) Except as provided in subdivision (3) of this subsection, this subsection shall not be construed to limit or otherwise affect procedures under chapter 53 of Title 33 regarding termination of parental rights and regarding children in need of care or supervision.


CREDIT(S)


1971, Adj. Sess., No. 199, § 15; 2005, Adj. Sess., No. 124, § 3; 2007, Adj. Sess., No. 102, § 1, eff. July 1, 2008.


Formerly: V.S. 1947, § 8260; P.L. 1933, § 8395; G.L. 1917, § 6827; P.S. 1906, § 5722; 1896, No. 54, § 1.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1304


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1304. Cruelty to children under 10 by one over 16


A person over the age of 16 years, having the custody, charge or care of a child under 10 years of age, who wilfully assaults, ill treats, neglects or abandons or exposes such child, or causes or procures such child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner to cause such child unnecessary suffering, or to endanger his or her health, shall be imprisoned not more than two years or fined not more than $500.00, or both.


CREDIT(S)


1971, Adj. Sess., No. 199, § 15.


Formerly: V.S. 1947, § 8261; P.L. 1933, § 8396; G.L. 1917, § 6828; P.S. 1906, § 5723; 1896, No. 54, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1305


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1305. Cruelty by person having custody of another


A person having the custody, charge, care or control of another person, who inflicts unnecessary cruelty upon such person, or unnecessarily and cruelly fails to provide such person with proper food, drink, shelter or protection from the weather, or unnecessarily and cruelly neglects to properly care for such person, shall be imprisoned not more than one year or fined not more than $200.00, or both.


CREDIT(S)


1971, Adj. Sess., No. 199, § 15.


Formerly: V.S. 1947, § 8262; P.L. 1933, § 8397; G.L. 1917, § 6829; P.S. 1906, § 5724; 1896, No. 55, § 1.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1306


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1306. Mistreatment of persons of unsound mind


A person who wilfully and maliciously teases, plagues, annoys, angers, irritates, maltreats, worries or excites another of unsound or feeble mind shall be imprisoned not more than one year or fined not more than $100.00 nor less than $5.00, or both.


CREDIT(S)


Formerly: V.S. 1947, § 8263; P.L. 1933, § 8398; G.L. 1917, § 6830; P.S. 1906, § 5725; 1906, No. 188, § 1; V.S. 1894, §§ 5047, 5048; 1888, No. 90, § 1; R.L. 1880, § 4235; 1863, No. 9.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1307


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§§ 1307 to 1309. Repealed



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1309


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§§ 1307 to 1309. Repealed



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1310


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1310. Discarded ice boxes


(a) A person shall not have in his or her possession where it is accessible to children an ice box, refrigerator, freezer or similar cabinet virtually airtight and large enough for a child to enter, which has been discarded from use, unless the door or fastener thereof has been removed so that a child who enters the same can escape.


(b) A person who violates subsection (a) of this section shall be fined not more than $100.00 or imprisoned not more than 30 days, or both.


CREDIT(S)


Formerly: 1955, No. 72, §§ 1, 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 1311


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1311. Unlawful sheltering; aiding a runaway child


(a) As used in this section:


(1) “Child's residence” means:


(A) the residence of an unemancipated child's parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child;


(B) the residence where a child has been placed by the child's parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or by the department for children and families or any other agency or department of the state; or


(C) any other lawfully authorized place of abode.


(2) “Runaway child” means an unemancipated child under 18 years of age, voluntarily absent from the child's residence without the consent of his or her parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child.


(3) “Shelter” means to provide a physical haven, home or lodging.


(b) A person commits the crime of unlawfully sheltering or aiding a runaway child if the person:


(1) knowingly shelters a runaway child;


(2) intentionally aids, helps or assists a child to become a runaway child; or


(3) knowingly takes, entices or harbors a runaway child, with the intent of committing a criminal act involving the child or with the intent of enticing or forcing the child to commit a criminal act.


(c) Exempt from the prohibitions of this section are:


(1) A shelter, or the directors, agents or employees of a shelter, designated by the commissioner for children and families pursuant to section 5512 of Title 33, provided that the requirements of subsection 5512(b) of Title 33 are satisfied.


(2) A person who has taken the child into custody pursuant to section 5510 of Title 33.


(d) It is a defense to a prosecution under this section that the defendant acted reasonably and in good faith to protect the child from imminent physical, mental or emotional harm.


(e) This section shall not apply unless the child's parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child has reported the child's absence to a law enforcement agency.


(f) A law enforcement agency shall promptly notify the child's parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child when a runaway child has been located.


(g) A person who is convicted of a first violation of this section:


(1) with respect to sheltering a runaway child, shall, except as provided in subsection (h) of this section, be imprisoned not more than 30 days or fined not more than $500.00, or both;


(2) with respect to aiding, helping or assisting a child to become a runaway child, shall, except as provided in subsection (h) of this section, be imprisoned not more than one year or fined not more than $5,000.00, or both.


(h) A person who is convicted of a second or subsequent violation of this section, or who violates this section by transporting the child out of the state of Vermont, or who violates subdivision (b)(3) of this section, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.


CREDIT(S)


2001, No. 41, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



Chapter 9.02. Abortion (Refs & Annos)

Tags:13 WA (2.2%)

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.005. Transfer of duties to the department of health


The powers and duties of the state board of health under this chapter shall be performed by the department of health.


CREDIT(S)


[1989 1st ex.s. c 9 § 202; 1985 c 213 § 3.]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.010

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.010. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.020

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.020. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.030

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.030. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.040

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.040. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.050

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.050. Concealing birth


Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross misdemeanor.


CREDIT(S)


[1909 c 249 § 200; RRS § 2452.]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.060

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.060. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.070

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.070. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.080

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.080. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.090

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.090. Repealed by Laws 1992, ch. 1, § 9 (Initiative Measure No. 120, approved Nov. 5, 1991), eff. Dec. 5, 1991


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.100

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.100. Reproductive privacy--Public policy


The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.


Accordingly, it is the public policy of the state of Washington that:


(1) Every individual has the fundamental right to choose or refuse birth control;


(2) Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902;


(3) Except as specifically permitted by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion; and


(4) The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.


CREDIT(S)


[1992 c 1 § 1 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.110

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.110. Right to have and provide


The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health.


A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section.


CREDIT(S)


[1992 c 1 § 2 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.120

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.120. Unauthorized abortions--Penalty


Unless authorized by RCW 9.02.110, any person who performs an abortion on another person shall be guilty of a class C felony punishable under chapter 9A.20 RCW.


CREDIT(S)


[1992 c 1 § 3 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.130

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.130. Defenses to prosecution


The good faith judgment of a physician as to viability of the fetus or as to the risk to life or health of a woman and the good faith judgment of a health care provider as to the duration of pregnancy shall be a defense in any proceeding in which a violation of this chapter is an issue.


CREDIT(S)


[1992 c 1 § 4 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.140

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.140. State regulation


Any regulation promulgated by the state relating to abortion shall be valid only if:


(1) The regulation is medically necessary to protect the life or health of the woman terminating her pregnancy,


(2) The regulation is consistent with established medical practice, and


(3) Of the available alternatives, the regulation imposes the least restrictions on the woman's right to have an abortion as defined by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.


CREDIT(S)


[1992 c 1 § 5 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.150

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.150. Refusing to perform


No person or private medical facility may be required by law or contract in any circumstances to participate in the performance of an abortion if such person or private medical facility objects to so doing. No person may be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the termination of a pregnancy.


CREDIT(S)


[1992 c 1 § 6 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.160

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.160. State-provided benefits


If the state provides, directly or by contract, maternity care benefits, services, or information to women through any program administered or funded in whole or in part by the state, the state shall also provide women otherwise eligible for any such program with substantially equivalent benefits, services, or information to permit them to voluntarily terminate their pregnancies.


CREDIT(S)


[1992 c 1 § 7 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.170

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.170. Definitions


For purposes of this chapter:


(1) “Viability” means the point in the pregnancy when, in the judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures.


(2) “Abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.


(3) “Pregnancy” means the reproductive process beginning with the implantation of an embryo.


(4) “Physician” means a physician licensed to practice under chapter 18.57 or 18.71 RCW in the state of Washington.


(5) “Health care provider” means a physician or a person acting under the general direction of a physician.


(6) “State” means the state of Washington and counties, cities, towns, municipal corporations, and quasi-municipal corporations in the state of Washington.


(7) “Private medical facility” means any medical facility that is not owned or operated by the state.


CREDIT(S)


[1992 c 1 § 8 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.900

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.900. Construction--1992 c 1 (Initiative Measure No. 120)


RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall not be construed to define the state's interest in the fetus for any purpose other than the specific provisions of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902.


CREDIT(S)


[1992 c 1 § 10 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.901

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.901. Severability--1992 c 1 (Initiative Measure No. 120)


If any provision of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 or its application to any person or circumstance is held invalid, the remainder of RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 or the application of the provision to other persons or circumstances is not affected.


CREDIT(S)


[1992 c 1 § 11 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.02.902

Effective:[See Text Amendments]


West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.02. Abortion (Refs & Annos)

9.02.902. Short title--1992 c 1 (Initiative Measure No. 120)


RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902 shall be known and may be cited as the Reproductive Privacy Act.


CREDIT(S)


[1992 c 1 § 12 (Initiative Measure No. 120, approved November 5, 1991).]


Current with 2013 Legislation effective through June 7, 2013


West's RCWA 9.03.010


Chapter 163. Offenses Against Persons

Tags:27 OR (1.2%)

O.R.S. § 163.665

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.665. Definitions

As used in ORS 163.665 to 163.693:

(1) “Child” means a person who is less than 18 years of age, and any reference to a child in relation to a visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the visual recording was created and not the age of the person at the time of an alleged offense relating to the subsequent reproduction, use or possession of the visual recording.

(2) “Child abuse” means conduct that constitutes, or would constitute if committed in this state, a crime in which the victim is a child.

(3) “Sexually explicit conduct” means actual or simulated:

(a) Sexual intercourse or deviant sexual intercourse;

(b) Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals;

(c) Penetration of the vagina or rectum by any object other than as part of a medical diagnosis or treatment or as part of a personal hygiene practice;

(d) Masturbation;

(e) Sadistic or masochistic abuse; or

(f) Lewd exhibition of sexual or other intimate parts.

(4) “Visual depiction” includes, but is not limited to, visual recordings, pictures and computer-generated images and pictures, whether made or produced by electronic, mechanical or other means.

(5) “Visual recording” includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored.

CREDIT(S)

Laws 1985, c. 557, § 2; Laws 1987, c. 864, § 1; Laws 1991, c. 664, § 4; Laws 1995, c. 768, § 4; Laws 1997, c. 719, § 5; Laws 2011, c. 515, § 1, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.670

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.670. Using child in display of sexually explicit conduct

(1) A person commits the crime of using a child in a display of sexually explicit conduct if the person employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording.

(2) Using a child in a display of sexually explicit conduct is a Class A felony.

CREDIT(S)

Laws 1985, c. 557, § 3; Laws 1987, c. 864, § 3; Laws 1991, c. 664, § 5; Laws 2011, c. 515, § 2, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.672

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.672. Laws 1991, c. 664, § 2; repealed by Laws 1995, c. 768, § 16

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.673

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.673. Laws 1987, c. 864, § 4; Laws 1991, c. 664, § 6; repealed by Laws 1995, c. 768, § 16

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.675

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.675. Laws 1985, c. 557, § 4; repealed by Laws 1987, c. 864, § 15

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.676

 

Formerly cited as OR ST § 163.495

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.676. Exemption to prosecution under ORS 163.684

(1) No employee is liable to prosecution under ORS 163.684 or under any city or home rule county ordinance for exhibiting or possessing with intent to exhibit any obscene matter or performance provided the employee is acting within the scope of regular employment at a showing open to the public.

(2) As used in this section, “employee” means any person regularly employed by the owner or operator of a motion picture theater if the person has no financial interest other than salary or wages in the ownership or operation of the motion picture theater, no financial interest in or control over the selection of the motion pictures shown in the theater, and is working within the motion picture theater where the person is regularly employed, but does not include a manager of the motion picture theater.

CREDIT(S)

Formerly 163.495; Laws 1995, c. 768, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.677

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.677. Laws 1987, c. 864, § 5; Laws 1991, c. 664, § 7; repealed by Laws 1995, c. 768, § 16

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.680

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.680. Laws 1985, c. 557, § 5; Laws 1987, c. 158, § 26; Laws 1987, c. 864, § 9; Laws 1991, c. 664, § 8; repealed by Laws 1995, c. 768, § 16

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.682

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.682. Exceptions to ORS 163.665 to 163.693

The provisions of ORS 163.665 to 163.693 do not apply to:

(1) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical services for the purpose of medical diagnosis or treatment, including the recording of medical procedures;

(2) Any activity undertaken in the course of bona fide law enforcement activity or necessary to the proper functioning of the criminal justice system, except that this exception shall not apply to any activity prohibited by ORS 163.670;

(3) Any bona fide educational activity, including studies and lectures, in the fields of medicine, psychotherapy, sociology or criminology, except that this exception shall not apply to any activity prohibited by ORS 163.670;

(4) Obtaining, viewing or possessing a visual recording as part of a bona fide treatment program for sexual offenders; or

(5) A public library, as defined in ORS 357.400, or a library exempt from taxation under ORS 307.090 or 307.130, except that these exceptions do not apply to any activity prohibited by ORS 163.670.

CREDIT(S)

Laws 1991, c. 664, § 3; Laws 2011, c. 515, § 9, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.683

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.683. Laws 1987, c. 864, § 11; repealed by Laws 1991, c. 664, § 12

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.684

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.684. Encouraging child sexual abuse in the first degree

(1) A person commits the crime of encouraging child sexual abuse in the first degree if the person:

(a)(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells a visual recording of sexually explicit conduct involving a child or knowingly possesses, accesses or views such a visual recording with the intent to develop, duplicate, publish, print, disseminate, exchange, display or sell it; or

(B) Knowingly brings into this state, or causes to be brought or sent into this state, for sale or distribution, a visual recording of sexually explicit conduct involving a child; and

(b) Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse.

(2) Encouraging child sexual abuse in the first degree is a Class B felony.

CREDIT(S)

Laws 1995, c. 768, § 2; Laws 2011, c. 515, § 3, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.685

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.685. Laws 1985, c. 557, § 6; Laws 1987, c. 864, § 12; repealed by Laws 1991, c. 664, § 12

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.686

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.686. Encouraging child sexual abuse in the second degree

(1) A person commits the crime of encouraging child sexual abuse in the second degree if the person:

(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

(B) Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse; or

(b)(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

(B) Knows or is aware of and consciously disregards the fact that the conduct constitutes child abuse.

(2) Encouraging child sexual abuse in the second degree is a Class C felony.

CREDIT(S)

Laws 1995, c. 768, § 3; Laws 2011, c. 515, § 4, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.687

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.687. Encouraging child sexual abuse in the third degree

(1) A person commits the crime of encouraging child sexual abuse in the third degree if the person:

(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

(B) Knows or fails to be aware of a substantial and unjustifiable risk that the creation of the visual recording of sexually explicit conduct involved child abuse; or

(b)(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

(B) Knows or fails to be aware of a substantial and unjustifiable risk that the conduct constitutes child abuse.

(2) Encouraging child sexual abuse in the third degree is a Class A misdemeanor.

CREDIT(S)

Laws 1995, c. 768, § 3a; Laws 2011, c. 515, § 5, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.688

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.688. Possession of materials depicting sexually explicit conduct of a child in the first degree

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person:

(a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and

(b) Uses the visual depiction to induce a child to participate or engage in sexually explicit conduct.

(2) Possession of materials depicting sexually explicit conduct of a child in the first degree is a Class B felony.

CREDIT(S)

Laws 1997, c. 719, § 3; Laws 2011, c. 515, § 6, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.689

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.689. Possession of materials depicting sexually explicit conduct of a child in the second degree

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second degree if the person:

(a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and

(b) Intends to use the visual depiction to induce a child to participate or engage in sexually explicit conduct.

(2) Possession of materials depicting sexually explicit conduct of a child in the second degree is a Class C felony.

CREDIT(S)

Laws 1997, c. 719, § 4; Laws 2011, c. 515, § 7, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.690

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.690. Defense, lack of knowledge of age of child

It is an affirmative defense to any prosecution under ORS 163.684, 163.686, 163.687 or 163.693 that the defendant, at the time of engaging in the conduct prohibited therein, did not know and did not have reason to know that the relevant sexually explicit conduct involved a child.

CREDIT(S)

Laws 1985, c. 557, § 7; Laws 1987, c. 864, § 13; Laws 1991, c. 664, § 9; Laws 1995, c. 768, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.693

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.693. Failure to report child pornography

(1) As used in this section:

(a) “Computer technician” means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation.

(b) “Processor of photographic images” means a person who develops, processes, reproduces, transfers, edits or enhances photographic film into negatives, slides, prints, movies, digital images or video.

(2) A processor of photographic images or a computer technician who reasonably believes the processor or technician has observed a visual recording of a child involved in sexually explicit conduct shall report the name and address, if known, of the person requesting the processing or of the owner or person in possession of the computer, computer network or computer system to:

(a) The CyberTipline at the National Center for Missing and Exploited children;

(b) The local office of the Department of Human Services; or

(c) A law enforcement agency within the county where the processor or technician making the report is located at the time the visual recording is observed.

(3) Nothing in this section requires a processor of photographic images or a computer technician to monitor any user, subscriber or customer or to search for prohibited materials or media.

(4) Any person, their employer or a third party complying with this section in good faith shall be immune from civil or criminal liability in connection with making the report, except for willful or wanton misconduct.

(5) A person commits the crime of failure to report child pornography if the person violates the provisions of this section.

(6) Failure to report child pornography is a Class A misdemeanor.

CREDIT(S)

Laws 1987, c. 864, § 7; Laws 1991, c. 664, § 10; Laws 2011, c. 515, § 8, eff. June 23, 2011; Laws 2011, c. 515, § 11a, eff. June 23, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.695

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.695. Laws 1987, c. 864, § 8; Laws 1991, c. 664, § 11; Laws 1995, c. 768, § 7; repealed by Laws 2001, c. 666, § 56

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


O.R.S. § 163.696

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.696. Laws 2001, c. 666, § 49; repealed by Laws 2005, c. 830, § 48, eff. Sept. 2, 2005

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.


Title 18. Criminal Code

Tags:22 CO (1.6%)

C.R.S.A. T. 18, Art. 6, Pt. 8, Refs & Annos



West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 6. Offenses Involving the Family Relations

Part 8. Domestic Violence



Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-800.3



Effective: July 1, 2007


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-800.3. Definitions



As used in this part 8, unless the context otherwise requires:



(1) “Domestic violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.



(2) “Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.



CREDIT(S)


Added by Laws 1989, H.B.1124, § 1. Amended by Laws 1994, H.B.94-1253, § 1, eff. July 1, 1994; Laws 1994, S.B.94-51, § 1, eff. June 3, 1994; Laws 1995, H.B.95-1179, § 1, eff. July 1, 1995; Laws 2007, Ch. 197, § 7, eff. July 1, 2007.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-801



Effective: August 5, 2009


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-801. Domestic violence--sentencing



(1)(a) In addition to any sentence that is imposed upon a person for violation of any criminal law under this title, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3(1), or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103(4), C.R.S. If an intake evaluation conducted by an approved treatment program provider discloses that sentencing to a treatment program would be inappropriate, the person shall be referred back to the court for alternative disposition.



(b) The court may order a treatment evaluation to be conducted prior to sentencing if a treatment evaluation would assist the court in determining an appropriate sentence. The person ordered to undergo such evaluation shall be required to pay the cost of the treatment evaluation. If such treatment evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete a treatment program that conforms with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103(4), C.R.S.



(c) Nothing in this subsection (1) shall preclude the court from ordering domestic violence treatment in any appropriate case.



(2) Subsection (1) of this section shall not apply to persons sentenced to the department of corrections.



(3) A person charged with the commission of a crime, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3(1), shall not be entitled to plead guilty or plead nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., unless the prosecuting attorney makes a good faith representation on the record that such attorney would not be able to establish a prima facie case that the person and the alleged victim were currently or formerly involved in an intimate relationship if the defendant were brought to trial on the original domestic violence offense and upon such a finding by the court. The prosecuting attorney's record and the court's findings shall specify the relationship in the alleged domestic violence case which the prosecuting attorney is not able to prove beyond a reasonable doubt and the reasons therefor. No court shall accept a plea of guilty or nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., when the facts of the case indicate that the underlying factual basis includes an act of domestic violence as defined in section 18-6-800.3(1) unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the original offense.



(4) No person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3(1), shall be eligible for home detention in the home of the victim pursuant to section 18-1.3-105 or 18-1.3-106 or for deferred prosecution pursuant to section 18-1.3-101. Nothing in this subsection (4) is intended to prohibit a court from ordering a deferred sentence for a person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3(1).



(5) Before granting probation, the court shall consider the safety of the victim and the victim's children if probation is granted.



(6) Nothing in this section shall preclude the ability of a municipality to enact concurrent ordinances.



(7) In the event a person is convicted in this state on or after July 1, 2000, of any offense which would otherwise be a misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence as defined in section 18-6-800.3(1), and that person has been three times previously convicted, upon charges separately brought and tried and arising out of separate and distinct criminal episodes, of a felony or misdemeanor or municipal ordinance violation, the underlying factual basis of which was found by the court on the record to include an act of domestic violence, the prosecuting attorney may petition the court to adjudge the person an habitual domestic violence offender, and such person shall be convicted of a class 5 felony. If the person is adjudged an habitual domestic violence offender, the court shall sentence the person pursuant to the presumptive range set forth in section 18-1.3-401 for a class 5 felony. The former convictions and judgments shall be set forth in apt words in the indictment or information.



CREDIT(S)


Added by Laws 1988, H.B.1094, § 1. Repealed and reenacted by Laws 1989, H.B.1124, § 2. Amended by Laws 1994, H.B.94-1253, § 2, eff. July 1, 1994; Laws 1995, H.B.95-1179, § 2, eff. July 1, 1995; Laws 2000, Ch. 215, § 2, eff. Jan. 1, 2001; Laws 2000, Ch. 229, § 1, eff. July 1, 2000; Laws 2002, Ch. 318, § 200, eff. Oct. 1, 2002; Laws 2009, Ch. 369, § 32, eff. Aug. 5, 2009.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-801.5



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-801.5. Domestic violence--evidence of similar transactions



(1) The general assembly hereby finds that domestic violence is frequently cyclical in nature, involves patterns of abuse, and can consist of harm with escalating levels of seriousness. The general assembly therefore declares that evidence of similar transactions can be helpful and is necessary in some situations in prosecuting crimes involving domestic violence.



(2) In criminal prosecutions involving domestic violence in which the defendant and the victim named in the information have engaged in an intimate relationship as of the time alleged in the information, evidence of any other acts of domestic violence between the defendant and the victim named in the information, and between the defendant and other persons, constitute other acts or transactions for the purposes of this section, and the court may authorize the admission of evidence as provided in subsection (3) of this section.



(3) The proponent of evidence of other acts or transactions under this section shall advise the trial court by offer of proof of such evidence and shall specify whether the evidence is offered to show a common plan, scheme, design, identity, modus operandi, motive, or guilty knowledge or for some other purpose.



(4) Upon the offer of proof under subsection (3) of this section, the trial court shall determine whether the probative value of the evidence of similar acts or transactions is substantially outweighed by the danger of unfair prejudice to the defendant, confusion of the issues, or misleading of the jury if the evidence is allowed or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.



(5) Upon admitting evidence of other acts or transactions into evidence pursuant to this section and again in the general charge to the jury, the trial court shall direct the jury as to the limited purpose for which the evidence is admitted and for which the jury may consider it.



CREDIT(S)


Added by Laws 1994, S.B.94-51, § 2, eff. June 3, 1994. Amended by Laws 2001, Ch. 217, § 1, eff. July 1, 2001.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-801.6



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-801.6. Domestic violence--summons and complaint



Any person completing or preparing a summons, complaint, summons and complaint, indictment, information, or application for an arrest warrant shall indicate on the face of such document whether the facts forming the basis of the alleged criminal act, if proven, could constitute domestic violence as defined in section 18-6-800.3(1).




CREDIT(S)


Added by Laws 1994, H.B.94-1253, § 3, eff. July 1, 1994.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-802



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-802. Repealed by Laws 2000, Ch. 215, § 3, eff. January 1, 2001




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-802.5



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-802.5. Domestic violence--treatment programs



Any defendant who is sentenced to a treatment program pursuant to section 18-6-801 or who is ordered to complete an evaluation pursuant to section 18-6-801(1) shall pay for the evaluation and treatment programs on a sliding fee basis, as provided in the standardized procedures for the treatment evaluation of domestic violence offenders and the guidelines and standards for a system of programs for the treatment of domestic violence offenders adopted by the domestic violence offender management board pursuant to section 16-11.8-103, C.R.S.




CREDIT(S)


Added by Laws 2001, Ch. 269, § 3, eff. Aug. 8, 2001.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-803



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-803. Repealed by Laws 2000, Ch. 215, § 4, eff. January 1, 2001




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-803.5



Effective: July 1, 2008


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-803.5. Crime of violation of a protection order--penalty--peace officers' duties



(1) A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person:



(a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order; or



(b) Except as permitted pursuant to section 18-13-126(1)(b), hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person.



(1.5) As used in this section:



(a) “Protected person” means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued.



(a.5)(I) “Protection order” means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person or protected animal, or from entering or remaining on premises, or from coming within a specified distance of a protected person or protected animal or premises or any other provision to protect the protected person or protected animal from imminent danger to life or health, that is issued by a court of this state or a municipal court, and that is issued pursuant to:



(A) Article 14 of title 13, C.R.S., section 18-1-1001, section 19-2-707, C.R.S., section 19-4-111, C.R.S., or rule 365 of the Colorado rules of county court civil procedure;



(B) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S., or section 19-3-316, C.R.S., as those sections existed prior to July 1, 2004;



(C) An order issued as part of the proceedings concerning a criminal municipal ordinance violation; or



(D) Any other order of a court that prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises.



(II) For purposes of this section only, “protection order” includes any order that amends, modifies, supplements, or supersedes the initial protection order. “Protection order” also includes any restraining order entered prior to July 1, 2003, and any foreign protection order as defined in section 13-14-104, C.R.S.



(b) “Registry” means the computerized information system created in section 18-6-803.7 or the national crime information center created pursuant to 28 U.S.C. sec. 534.



(c) “Restrained person” means the person identified in the order as the person prohibited from doing the specified act or acts.



(d) Deleted by Laws 2003, Ch. 139, § 6, eff. July 1, 2003.



(2)(a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001, the violation is a class 1 misdemeanor.



(a.5) A second or subsequent violation of a protection order is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501(3).



(b) Deleted by Laws 1995, H.B.95-1179, § 3, eff. July 1, 1995.



(c) Nothing in this section shall preclude the ability of a municipality to enact concurrent ordinances. Any sentence imposed for a violation of this section shall run consecutively and not concurrently with any sentence imposed for any crime which gave rise to the issuing of the protection order.



(3)(a) Whenever a protection order is issued, the protected person shall be provided with a copy of such order. A peace officer shall use every reasonable means to enforce a protection order.



(b) A peace officer shall arrest, or, if an arrest would be impractical under the circumstances, seek a warrant for the arrest of a restrained person when the peace officer has information amounting to probable cause that:



(I) The restrained person has violated or attempted to violate any provision of a protection order; and



(II) The restrained person has been properly served with a copy of the protection order or the restrained person has received actual notice of the existence and substance of such order.



(c) In making the probable cause determination described in paragraph (b) of this subsection (3), a peace officer shall assume that the information received from the registry is accurate. A peace officer shall enforce a valid protection order whether or not there is a record of the protection order in the registry.



(d) The arrest and detention of a restrained person is governed by applicable constitutional and applicable state rules of criminal procedure. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer's station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made, or the arrested person may be taken to the jail in the county where the protection order was issued. The law enforcement agency or any other locally designated agency shall make all reasonable efforts to contact the protected party upon the arrest of the restrained person. The prosecuting attorney shall present any available arrest affidavits and the criminal history of the restrained person to the court at the time of the first appearance of the restrained person before the court.



(e) The arresting agency arresting the restrained person shall forward to the issuing court a copy of such agency's report, a list of witnesses to the violation, and, if applicable, a list of any charges filed or requested against the restrained person. The agency shall give a copy of the agency's report, witness list, and charging list to the protected party. The agency shall delete the address and telephone number of a witness from the list sent to the court upon request of such witness, and such address and telephone number shall not thereafter be made available to any person, except law enforcement officials and the prosecuting agency, without order of the court.



(4) If a restrained person is on bond in connection with a violation or attempted violation of a protection order in this or any other state and is subsequently arrested for violating or attempting to violate a protection order, the arresting agency shall notify the prosecuting attorney who shall file a motion with the court which issued the prior bond for the revocation of the bond and for the issuance of a warrant for the arrest of the restrained person if such court is satisfied that probable cause exists to believe that a violation of the protection order issued by the court has occurred.



(5) A peace officer arresting a person for violating a protection order or otherwise enforcing a protection order shall not be held criminally or civilly liable for such arrest or enforcement unless the peace officer acts in bad faith and with malice or does not act in compliance with rules adopted by the Colorado supreme court.



(6)(a) A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim's children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order allocating parental responsibilities with respect to such child or an order for the care and control of the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages that may result from interference with the custody, parental responsibilities, care, and control of or access to a minor child in complying with this subsection (6).



(b) For purposes of this subsection (6), “shelter” means a battered women's shelter, a friend's or family member's home, or such other safe haven as may be designated by the protected person and which is within a reasonable distance from the location at which the peace officer found the victim.



(7) The protection order shall contain in capital letters and bold print a notice informing the protected person that such protected person may either initiate contempt proceedings against the restrained person if the order is issued in a civil action or request the prosecuting attorney to initiate contempt proceedings if the order is issued in a criminal action.



(8) A protection order issued in the state of Colorado shall contain a statement that:



(a) The order or injunction shall be accorded full faith and credit and be enforced in every civil or criminal court of the United States, another state, an Indian tribe, or a United States territory pursuant to 18 U.S.C. sec. 2265;



(b) The issuing court had jurisdiction over the parties and subject matter; and



(c) The defendant was given reasonable notice and opportunity to be heard.



(9) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the protection order is located, if such court is within this state.



CREDIT(S)


Added by Laws 1991, H.B.91-1177, § 1, eff. May 31, 1991. Amended by Laws 1992, H.B.92-1075, § 3, eff. July 1, 1992; Laws 1992, H.B.92-1078, § 18, eff. June 3, 1992; Laws 1992, H.B.92-1087, § 4, eff. April 23, 1992; Laws 1994, H.B.94-1090, § 7, eff. Jan. 1, 1995; Laws 1994, H.B.94-1253, § 4, eff. July 1, 1994; Laws 1995, H.B.95-1179, § 3, eff. July 1, 1995; Laws 1996, H.B.96-1005, § 26, eff. Jan. 1, 1997; Laws 1996, H.B.96-1120, § 6, eff. July 1, 1996; Laws 1998, Ch. 293, § 3, eff. July 1, 1998; Laws 1998, Ch. 310, § 58, eff. Feb. 1, 1999; Laws 1999, Ch. 157, § 11, eff. July 1, 1999; Laws 2000, Ch. 229, § 2, eff. July 1, 2000; Laws 2003, Ch. 139, § 6, eff. July 1, 2003; Laws 2004, Ch. 178, § 12, eff. July 1, 2004; Laws 2004, Ch. 200, § 10, eff. Aug. 4, 2004; Laws 2005, Ch. 128, § 6, eff. April 29, 2005; Laws 2006, Ch. 229, § 2, eff. July 1, 2006; Laws 2007, Ch. 197, § 8, eff. July 1, 2007; Laws 2008, Ch. 367, § 1, eff. July 1, 2008.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-803.6



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-803.6. Duties of peace officers and prosecuting agencies--preservation of evidence



(1) When a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence, as defined in section 18-6-800.3(1), has been committed, the officer shall, without undue delay, arrest the person suspected of its commission pursuant to the provisions in subsection (2) of this section, if applicable, and charge the person with the appropriate crime or offense. Nothing in this subsection (1) shall be construed to require a peace officer to arrest both parties involved in an alleged act of domestic violence when both claim to have been victims of such domestic violence. Additionally, nothing in this subsection (1) shall be construed to require a peace officer to arrest either party involved in an alleged act of domestic violence when a peace officer determines there is no probable cause to believe that a crime or offense of domestic violence has been committed. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer's station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made.



(2) If a peace officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine if a crime has been committed by one or more persons. In determining whether a crime has been committed by one or more persons, the officer shall consider the following:



(a) Any prior complaints of domestic violence;



(b) The relative severity of the injuries inflicted on each person;



(c) The likelihood of future injury to each person; and



(d) The possibility that one of the persons acted in self-defense.



(3)(a) A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim's children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order for the care and control of the child or an order allocating parental responsibilities with respect to the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages that may result from interference with the custody, parental responsibilities, care, and control of or access to a minor child in complying with this subsection (3).



(b) For purposes of this subsection (3), “shelter” means a battered women's shelter, a friend's or family member's home, or such other safe haven as may be designated by the protected person and which is within a reasonable distance from the location at which the peace officer found the victim.



(4)(a) The arresting agency shall make reasonable efforts to collect and preserve any pertinent evidence until the time of final disposition of the matter, including, but not limited to, the following:



(I) Any dispatch tape recording relating to the event;



(II) Any on-scene video or audio tape recordings;



(III) Any medical records of treatment of the alleged victim or the defendant; and



(IV) Any other relevant physical evidence or witness statements.



(b) However, in the absence of bad faith, any failure to collect or preserve any evidence listed in paragraph (a) of this subsection (4) shall not be grounds to dismiss the matter.



(4.5) When a peace officer responds to a call or is otherwise responding to a report about an alleged offense involving domestic violence, as defined in section 18-6-800.3(1), or other domestic dispute, the officer shall include in his or her written or oral report concerning such incident whether children may have seen or heard the alleged offense; except that, in the absence of bad faith, the failure of a peace officer to note that a child may have seen or heard the alleged offense shall not be grounds to dismiss the matter.



(5) A peace officer shall not be held civilly or criminally liable for acting pursuant to this section if the peace officer acts in good faith and without malice.



CREDIT(S)


Added by Laws 1994, H.B.94-1253, § 5, eff. July 1, 1994. Amended by Laws 1995, H.B.95-1179, § 4, eff. July 1, 1995; Laws 1998, Ch. 293, § 2, eff. July 1, 1998; Laws 1998, Ch. 310, § 59, eff. Feb. 1, 1999; Laws 2001, Ch. 269, § 4, eff. Aug. 8, 2001.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-803.7



Effective: April 29, 2010


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-803.7. Central registry of protection orders--creation



(1) As used in this section:



(a) “Bureau” means the Colorado bureau of investigation.



(b) “Protected person” means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued.



(b.5)(I) “Protection order” means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, that is issued by a court of this state or an authorized municipal court, and that is issued pursuant to:



(A) Article 14 of title 13, C.R.S., section 18-1-1001, section 19-2-707, C.R.S., section 19-4-111, C.R.S., or rule 365 of the Colorado rules of county court civil procedure;



(B) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S., or section 19-3-316, C.R.S., as those sections existed prior to July 1, 2004; or



(C) An order issued as part of the proceedings concerning a criminal municipal ordinance violation.



(II) “Protection order” also includes any restraining order entered prior to July 1, 2003, and any foreign protection order as described in section 13-14-104, C.R.S.



(c) “Registry” means a computerized information system.



(d) “Restrained person” means the person identified in the order as the person prohibited from doing the specified act or acts.



(e) Deleted by Laws 2003, Ch. 139, § 7, eff. July 1, 2003.



(f) “Subsequent order” means an order which amends, modifies, supplements, or supersedes a protection order.



(2)(a) There is hereby created in the bureau a computerized central registry of protection orders which shall be accessible to any state law enforcement agency or to any local law enforcement agency having a terminal which communicates with the bureau. The central registry computers shall communicate with computers operated by the state judicial department.



(b) Protection orders and subsequent orders shall be entered into the registry by the clerk of the court issuing the protection order; except that orders issued pursuant to sections 18-1-1001 and 19-2-707, C.R.S., shall be entered into the registry only at the discretion of the court or upon motion of the district attorney. The clerk of the court issuing the protection order shall be responsible for updating the registry electronically in a timely manner to ensure the notice is as complete and accurate as is reasonably possible with regard to the information specified in subsection (3) of this section.



(c) The restrained person's attorney, if present at the time the protection order or subsequent order is issued, shall notify the restrained person of the contents of such order if the restrained person was absent when such order was issued.



(d) Protection orders and subsequent orders shall be placed in the registry not later than twenty-four hours after they have been issued; except that, if the court issuing the protection order or subsequent order specifies that it be placed in the registry immediately, such order shall be placed in the registry immediately.



(e) Upon reaching the expiration date of a protection order or subsequent order, if any, the bureau shall note the termination in the registry.



(f) In the event the protection order or subsequent order does not have a termination date, the clerk of the issuing court shall be responsible for noting the termination of the protection order or subsequent order in the registry.



(3)(a) In addition to any information, notice, or warning required by law, a protection order or subsequent order entered into the registry shall contain the following information, if such information is available:



(I) The name, date of birth, sex, and physical description of the restrained person to the extent known;



(II) The date the order was issued and the effective date of the order if such date is different from the date the order was issued;



(III) The names of the protected persons and their dates of birth;



(IV) If the protection order is one prohibiting the restrained person from entering in, remaining upon, or coming within a specified distance of certain premises, the address of the premises and the distance limitation;



(V) The expiration date of the protection order, if any;



(VI) Whether the restrained person has been served with the protection order and, if so, the date and time of service;



(VII) The amount of bail and any conditions of bond which the court has set in the event the restrained person has violated a protection order; and



(VIII) An indication whether the conditions of the protection order are also conditions of a bail bond for a felony charge.



(b) If available, the protection order or subsequent order shall contain the fingerprint-based state identification number issued by the bureau to the restrained person.



CREDIT(S)


Added by Laws 1994, H.B.94-1090, § 8, eff. Jan. 1, 1995. Amended by Laws 1996, H.B.96-1005, § 27, eff. Jan. 1, 1997; Laws 1998, Ch. 251, § 5, eff. May 27, 1998; Laws 1998, Ch. 293, § 4, eff. July 1, 1998; Laws 1999, Ch. 157, § 12, eff. July 1, 1999; Laws 2003, Ch. 139, § 7, eff. July 1, 2003; Laws 2004, Ch. 178, § 13, eff. July 1, 2004; Laws 2010, Ch. 177, § 1, eff. April 29, 2010.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-803.8



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-803.8. Repealed by Laws 2004, Ch. 178, § 5, eff. July 1, 2004




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-803.9



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-803.9. Assaults and deaths related to domestic violence--report



The Colorado bureau of investigation shall prepare a report by November 1, 1995, and by November 1 of each year thereafter, to the governor, the president of the senate, and the speaker of the house of representatives on the number of assaults related to and the number of deaths caused directly by domestic violence, including, but not limited to, homicides of victims, self-defense killings of alleged perpetrators, and incidental killings of children, peace officers, persons at work, neighbors, and bystanders in the course of episodes of domestic violence.




CREDIT(S)


Added by Laws 1994, H.B.94-1253, § 5, eff. July 1, 1994.




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-804



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-804. Repealed by Laws 1995, H.B.95-1070, § 13, eff. July 1, 1995; Laws 1995, H.B.95-1179, § 9, eff. July 1, 1995




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


C.R.S.A. § 18-6-805



Effective:[See Text Amendments]


West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 6. Offenses Involving the Family Relations (Refs & Annos)

Part 8. Domestic Violence (Refs & Annos)

§ 18-6-805. Repealed by Laws 2000, Ch. 215, § 5, eff. July 1, 2001




Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121


§ 61-8-12. Incest; penalty

Tags:38 WV (0.6%)

W. Va. Code, § 61-8-12


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8. Crimes Against Chastity, Morality and Decency (Refs & Annos)

§ 61-8-12. Incest; penalty


(a) For the purposes of this section:


(1) “Aunt” means the sister of a person's mother or father;


(2) “Brother” means the son of a person's mother or father;


(3) “Daughter” means a person's natural daughter, adoptive daughter or the daughter of a person's husband or wife;


(4) “Father” means a person's natural father, adoptive father or the husband of a person's mother;


(5) “Granddaughter” means the daughter of a person's son or daughter;


(6) “Grandfather” means the father of a person's father or mother;


(7) “Grandmother” means the mother of a person's father or mother;


(8) “Grandson” means the son of a person's son or daughter;


(9) “Mother” means a person's natural mother, adoptive mother or the wife of a person's father;


(10) “Niece” means the daughter of a person's brother or sister;


(11) “Nephew” means the son of a person's brother or sister;


(12) “Sexual intercourse” means any act between persons involving penetration, however slight, of the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of another person;


(13) “Sexual intrusion” means any act between persons involving penetration, however slight, of the female sex organ or of the anus of any person by an object for the purpose of degrading or humiliating the person so penetrated or for gratifying the sexual desire of either party;


(14) “Sister” means the daughter of a person's father or mother;


(15) “Son” means a person's natural son, adoptive son or the son of a person's husband or wife; and


(16) “Uncle” means the brother of a person's father or mother.


(b) A person is guilty of incest when such person engages in sexual intercourse or sexual intrusion with his or her father, mother, brother, sister, daughter, son, grandfather, grandmother, grandson, granddaughter, nephew, niece, uncle or aunt.


(c) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than five years nor more than fifteen years, or fined not less than five hundred dollars nor more than five thousand dollars and imprisoned in the penitentiary not less than five years nor more than fifteen years.


(d) In addition to any penalty provided under this section and any restitution which may be ordered by the court under article eleven-a of this chapter, the court may order any person convicted under the provisions of this section where the victim is a minor to pay all or any portion of the cost of medical, psychological or psychiatric treatment of the victim, the need for which results from the act or acts for which the person is convicted, whether or not the victim is considered to have sustained bodily injury.


(e) In any case where a person is convicted of an offense described herein against a child and further has or may have custodial, visitation or other parental rights to the child, the court shall find that the person is an abusing parent within the meaning of article six, chapter forty-nine of this code, and shall take such further action in accord with the provisions of said article.


CREDIT(S)


Acts 1882, c. 123, § 22; Acts 1984, c. 56; Acts 1986, 1st Ex. Sess., c. 11; Acts 1991, c. 41; Acts 1994, 1st Ex. Sess., c. 23.


Formerly Code 1923, c. 149, § 22.



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8-13


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8. Crimes Against Chastity, Morality and Decency (Refs & Annos)

§ 61-8-13. Incest; limits on interviews of children eleven years old or less; evidence


(a) In any prosecution under the provisions of section twelve of this article, the court may provide by rule for reasonable limits on the number of interviews to which a victim who is eleven years old or less must submit for law-enforcement or discovery purposes. To the extent possible the rule shall protect the mental and emotional health of the child from the psychological damage of repeated interrogation and at the same time preserve the rights of the public and the defendant.


(b) At any stage of the proceedings, in any prosecution under this article, the court may permit a child who is eleven years old or less to use anatomically correct dolls, mannequins or drawings to assist such child in testifying.


(c) In any prosecution under this article in which the victim's lack of consent is based solely on the incapacity to consent because such victim was below a critical age, evidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct and reputation evidence of the victim's sexual conduct shall not be admissible. In any other prosecution under this article, evidence of specific instances of the victim's prior sexual conduct with the defendant shall be admissible on the issue of consent: Provided, That such evidence heard first out of the presence of the jury is found by the judge to be relevant.


(d) In any prosecution under this article evidence of specific instances of the victim's sexual conduct with persons other than the defendant, opinion evidence of the victim's sexual conduct and reputation evidence of the victim's sexual conduct shall not be admissible: Provided, That such evidence shall be admissible solely for the purpose of impeaching credibility, if the victim first makes his or her previous sexual conduct an issue in the trial by introducing evidence with respect thereto.


(e) In any prosecution under this article, neither age nor mental capacity of the victim shall preclude the victim from testifying.


CREDIT(S)


Acts 1986, 1st Ex. Sess., c. 11; Acts 1992, c. 52; Acts 1994, 1st Ex. Sess., c. 23.



Current through S.B. 412 of 2013 Reg. Sess.



Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

Tags:40 HI (0.4%)


HRS § 709-900

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-900. Illegally marrying


(1) A person commits the offense of illegally marrying if the person intentionally marries or purports to marry, knowing that the person is legally ineligible to do so.


(2) Illegally marrying is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-901

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-901. Concealing the corpse of an infant


(1) A person commits the offense of concealing the corpse of an infant if the person conceals the corpse of a new-born child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive.


(2) Concealing the corpse of an infant is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-902

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-902. Abandonment of a child


(1) A person commits the offense of abandonment of a child if, being a parent, guardian, or other person legally charged with the care or custody of a child less than fourteen years old, the person deserts the child in any place with intent to abandon it.


(2) Leaving a newborn child at a hospital, fire station, or police station or with emergency services personnel pursuant to section 587D-2 shall not constitute a violation of this section.


(3) Abandonment of a child is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2007, 1st Sp. Sess., ch. 7, § 3, eff. July 1, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-903

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-903. Persistent nonsupport


(1) A person commits the offense of persistent nonsupport if the person knowingly and persistently fails to provide support which the person can provide and which the person knows the person is legally obliged to provide to a spouse, child, or other dependent.


(2) “Support” includes but is not limited to food, shelter, clothing, education, and other necessary care as determined by law.


(3) Persistent nonsupport is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-903.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-903.5. Endangering the welfare of a minor in the first degree


(1) Except as provided in subsection (2), a person commits the offense of endangering the welfare of a minor in the first degree if, having care or custody of a minor, the person:


(a) Intentionally or knowingly allows another person to inflict serious or substantial bodily injury on the minor; or


(b) Intentionally or knowingly causes or permits the minor to inject, ingest, inhale, or otherwise introduce into the minor's body any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 that has not been prescribed by a physician for the minor, except as permitted under section 329-122.


(2) It shall be a defense to prosecution under sections 709-903.5(1) and 709-904(1) if, at the time the person allowed another to inflict serious or substantial bodily injury on a minor, the person reasonably believed the person would incur serious or substantial bodily injury in acting to prevent the infliction of serious or substantial bodily injury on the minor.


(3) Endangering the welfare of a minor in the first degree is a class C felony.


CREDIT(S)


Laws 1986, ch. 314, § 70; Laws 2006, ch. 249, § 1; Laws 2008, ch. 81, § 1, eff. July 1, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-904

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-904. Endangering the welfare of a minor in the second degree


(1) Except as provided in section 709-903.5(2), a person commits the offense of endangering the welfare of a minor in the second degree if, having care or custody of a minor, the person:


(a) Recklessly allows another person to inflict serious or substantial bodily injury on the minor; or


(b) Recklessly causes or permits the minor to inject, ingest, inhale, or otherwise introduce into the minor's body any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 that has not been prescribed by a physician for the minor, except as permitted under section 329-122. This subsection shall not apply to nursing mothers who may cause the ingestion or introduction of detectable amounts of any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 to their minor children through breastfeeding.


(2) A person commits the offense of endangering the welfare of a minor in the second degree if, being a parent, guardian, or other person whether or not charged with the care or custody of a minor, the person knowingly endangers the minor's physical or mental welfare by violating or interfering with any legal duty of care or protection owed such minor.


(3) Endangering the welfare of a minor in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 198, § 1; Laws 1986, ch. 314, § 71; Laws 2006, ch. 230, § 45; Laws 2006, ch. 249, § 2; Laws 2008, ch. 81, § 2, eff. July 1, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-904.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

[§ 709-904.5]. Compensation by an adult of juveniles for crimes; grade or class of offense increased


(1) A person other than a juvenile commits the offense of compensation of a juvenile for a crime if the person intentionally or knowingly compensates, offers to compensate, or agrees to compensate any juvenile for the commission of any criminal offense.


(2) Any person convicted of compensating, offering to compensate, or agreeing to compensate a juvenile for the commission of a:


(a) Petty misdemeanor shall be deemed guilty of a misdemeanor;


(b) Misdemeanor shall be deemed guilty of a class C felony;


(c) Class C felony shall be deemed guilty of a class B felony;


(d) Class B or class A felony shall be deemed guilty of a class A felony.


(3) It is not a defense to a prosecution under subsection (1) that the accused had no knowledge of the juvenile's age. The intent is to impose absolute liability with respect to the element of the other person's being less than eighteen years old.


(4) For the purposes of this section, the following terms have the following meanings:


“Compensate” means to confer any benefit or pecuniary benefit.


“Juvenile” means any person under eighteen years of age.


CREDIT(S)


Laws 1986, ch. 314, § 72.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-905

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-905. Endangering the welfare of an incompetent person


(1) A person commits the offense of endangering the welfare of an incompetent person if he knowingly acts in a manner likely to be injurious to the physical or mental welfare of a person who is unable to care for himself because of physical or mental disease, disorder, or defect.


(2) Endangering the welfare of an incompetent person is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-906

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-906. Abuse of family or household members; penalty


(1) It shall be unlawful for any person, singly or in concert, to physically abuse a family or household member or to refuse compliance with the lawful order of a police officer under subsection (4). The police, in investigating any complaint of abuse of a family or household member, upon request, may transport the abused person to a hospital or safe shelter.


For the purposes of this section, “family or household member” means spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit.


(2) Any police officer, with or without a warrant, may arrest a person if the officer has reasonable grounds to believe that the person is physically abusing, or has physically abused, a family or household member and that the person arrested is guilty thereof.


(3) A police officer who has reasonable grounds to believe that the person is physically abusing, or has physically abused, a family or household member shall prepare a written report.


(4) Any police officer, with or without a warrant, may take the following course of action where the officer has reasonable grounds to believe that there was physical abuse or harm inflicted by one person upon a family or household member, regardless of whether the physical abuse or harm occurred in the officer's presence:


(a) The police officer may make reasonable inquiry of the family or household member upon whom the officer believes physical abuse or harm has been inflicted and other witnesses as there may be;


(b) Where the police officer has reasonable grounds to believe that there is probable danger of further physical abuse or harm being inflicted by one person upon a family or household member, the police officer lawfully shall order the person to leave the premises for a period of separation of twenty-four hours, during which time the person shall not initiate any contact, either by telephone or in person, with the family or household member; provided that the person is allowed to enter the premises with police escort to collect any necessary personal effects;


(c) Where the police officer makes the finding referred to in paragraph (b) and the incident occurs after 12:00 p.m. on any Friday, or on any Saturday, Sunday, or legal holiday, the order to leave the premises and to initiate no further contact shall commence immediately and be in full force, but the twenty-four hour period shall be enlarged and extended until 4:30 p.m. on the first day following the weekend or legal holiday;


(d) All persons who are ordered to leave as stated above shall be given a written warning citation stating the date, time, and location of the warning and stating the penalties for violating the warning. A copy of the warning citation shall be retained by the police officer and attached to a written report which shall be submitted in all cases. A third copy of the warning citation shall be given to the abused person;


(e) If the person so ordered refuses to comply with the order to leave the premises or returns to the premises before the expiration of the period of separation, or if the person so ordered initiates any contact with the abused person, the person shall be placed under arrest for the purpose of preventing further physical abuse or harm to the family or household member; and


(f) The police officer shall seize all firearms and ammunition that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of an offense under this section.


(5) Abuse of a family or household member and refusal to comply with the lawful order of a police officer under subsection (4) are misdemeanors and the person shall be sentenced as follows:


(a) For the first offense the person shall serve a minimum jail sentence of forty-eight hours; and


(b) For a second offense that occurs within one year of the first conviction, the person shall be termed a “repeat offender” and serve a minimum jail sentence of thirty days.


Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist.


(6) Whenever a court sentences a person pursuant to subsection (5), it also shall require that the offender undergo any available domestic violence intervention programs ordered by the court. However, the court may suspend any portion of a jail sentence, except for the mandatory sentences under subsection (5)(a) and (b), upon the condition that the defendant remain arrest-free and conviction-free or complete court-ordered intervention.


(7) For a third or any subsequent offense that occurs within two years of a second or subsequent conviction, the offense shall be a class C felony.


(8) Where the physical abuse consists of intentionally or knowingly impeding the normal breathing or circulation of the blood of the family or household member by applying pressure on the throat or the neck, abuse of a family or household member is a class C felony.


(9) Any police officer who arrests a person pursuant to this section shall not be subject to any civil or criminal liability; provided that the police officer acts in good faith, upon reasonable belief, and does not exercise unreasonable force in effecting the arrest.


(10) The family or household member who has been physically abused or harmed by another person may petition the family court, with the assistance of the prosecuting attorney of the applicable county, for a penal summons or arrest warrant to issue forthwith or may file a criminal complaint through the prosecuting attorney of the applicable county.


(11) The respondent shall be taken into custody and brought before the family court at the first possible opportunity. The court may dismiss the petition or hold the respondent in custody, subject to bail. Where the petition is not dismissed, a hearing shall be set.


(12) This section shall not operate as a bar against prosecution under any other section of this Code in lieu of prosecution for abuse of a family or household member.


(13) It shall be the duty of the prosecuting attorney of the applicable county to assist any victim under this section in the preparation of the penal summons or arrest warrant.


(14) This section shall not preclude the physically abused or harmed family or household member from pursuing any other remedy under law or in equity.


(15) When a person is ordered by the court to undergo any domestic violence intervention, that person shall provide adequate proof of compliance with the court's order. The court shall order a subsequent hearing at which the person is required to make an appearance, on a date certain, to determine whether the person has completed the ordered domestic violence intervention. The court may waive the subsequent hearing and appearance where a court officer has established that the person has completed the intervention ordered by the court.


CREDIT(S)


Laws 1973, ch. 189, § 1; Laws 1980, ch. 106, § 1; Laws 1980, ch. 266, § 2; Laws 1981, ch. 82, § 37; Laws 1983, ch. 248, § 1; Laws 1985, ch. 143, § 1; Laws 1986, ch. 244, § 1; Laws 1987, ch. 360, § 1; Laws 1991, ch. 215, §§ 2, 4; Laws 1991, ch. 257, §§ 1, 2; Laws 1992, ch. 290, § 7; Laws 1994, ch. 182, §§ 1, 3; Laws 1995, ch. 116, § 1; Laws 1996, ch. 201, § 2; Laws 1997, ch. 321, § 1; Laws 1997, ch. 323, § 1; Laws 1997, ch. 383, § 70; Laws 1998, ch. 172, § 8; Laws 1999, ch. 18, § 18; Laws 2002, ch. 5, § 1; Laws 2006, ch. 230, § 46; Laws 2012, ch. 205, § 1, eff. July 3, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-907

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-907. Repealed by Laws 1983, ch. 248, § 2


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-908

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-908. Tobacco; minors


(1) It shall be unlawful to sell or furnish tobacco in any shape or form, including chewing tobacco and snuff, to a minor under eighteen years of age.


(2) Signs using the statement, “The sale of tobacco products to persons under eighteen is prohibited”, shall be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products are sold in letters at least one-half inch high.


(3) It shall be unlawful for a minor under eighteen years of age to purchase any tobacco product, as described under subsection (1). This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of law enforcement to determine the level of incidence of tobacco sales to minors.


(4) Any person who violates subsection (1) or (2), or both, shall be fined $500 for the first offense. Any subsequent offenses shall subject the person to a fine not less than $500 nor more than $2,000. Any minor under eighteen years of age who violates subsection (3) shall be fined $10 for the first offense. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform not less than forty-eight hours nor more than seventy-two hours of community service during hours when the person is not employed and is not attending school.


CREDIT(S)


Laws 1990, ch. 164, § 2; Laws 1996, ch. 312, § 1; Laws 1997, ch. 296, § 1; Laws 1998, ch. 161, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


Chapter 26. Crimes Against Unborn Child

Tags:06 PA (4.1%)

Chapter 26. Crimes Against Unborn Child (Refs & Annos)

§ 2601. Short title of chapter


This chapter shall be known and may be cited as the Crimes Against the Unborn Child Act.



CREDIT(S)


1997, Oct. 2, P.L. 379, No. 44, § 2, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 2602

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 26. Crimes Against Unborn Child (Refs & Annos)

§ 2602. Definitions


The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:


“Abortion.” As defined in section 3203 (relating to definitions).


“Intentional killing.” Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.


“Murder.” As used in this chapter, the term includes the same element of malice which is required to prove murder under Chapter 25 (relating to criminal homicide).


“Perpetration of a felony.” As defined in section 2502(d) (relating to murder).


“Principal.” As defined in section 2502(d) (relating to murder).


“Serious bodily injury.” Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.


“Serious provocation.” As defined in section 2301 (relating to definitions).


“Unborn child.” As defined in section 3203 (relating to definitions).



CREDIT(S)


1997, Oct. 2, P.L. 379, No. 44, § 2, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 2603

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 26. Crimes Against Unborn Child (Refs & Annos)

§ 2603. Criminal homicide of unborn child


(a) Offense defined.--An individual commits criminal homicide of an unborn child if the individual intentionally, knowingly, recklessly or negligently causes the death of an unborn child in violation of section 2604 (relating to murder of unborn child) or 2605 (relating to voluntary manslaughter of unborn child).


(b) Classification.--Criminal homicide of an unborn child shall be classified as murder of an unborn child or voluntary manslaughter of an unborn child.



CREDIT(S)


1997, Oct. 2, P.L. 379, No. 44, § 2, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 2604

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 26. Crimes Against Unborn Child (Refs & Annos)

§ 2604. Murder of unborn child


(a) First degree murder of unborn child.--


(1) A criminal homicide of an unborn child constitutes first degree murder of an unborn child when it is committed by an intentional killing.


(2) The penalty for first degree murder of an unborn child shall be imposed in accordance with section 1102(a)(2) (relating to sentence for murder and murder of an unborn child).


(b) Second degree murder of unborn child.--


(1) A criminal homicide of an unborn child constitutes second degree murder of an unborn child when it is committed while the defendant was engaged as a principal or an accomplice in the perpetration of a felony.


(2) The penalty for second degree murder of an unborn child shall be the same as for murder of the second degree.


(c) Third degree murder of unborn child.--


(1) All other kinds of murder of an unborn child shall be third degree murder of an unborn child.


(2) The penalty for third degree murder of an unborn child is the same as the penalty for murder of the third degree.



CREDIT(S)


1997 Oct. 2, P.L. 379, No. 44, § 2, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 2605

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 26. Crimes Against Unborn Child (Refs & Annos)

§ 2605. Voluntary manslaughter of unborn child


(a) Offense defined.--A person who kills an unborn child without lawful justification commits voluntary manslaughter of an unborn child if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by:


(1) the mother of the unborn child whom the actor endeavors to kill, but he negligently or accidentally causes the death of the unborn child; or


(2) another whom the actor endeavors to kill, but he negligently or accidentally causes the death of the unborn child.


(b) Unreasonable belief killing justifiable.--A person who intentionally or knowingly kills an unborn child commits voluntary manslaughter of an unborn child if at the time of the killing he believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 (relating to general principles of justification) but his belief is unreasonable.


(c) Penalty.--The penalty for voluntary manslaughter of an unborn child shall be the same as the penalty for voluntary manslaughter.



CREDIT(S)


1997, Oct. 2, P.L. 379, No. 44, § 2, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 2606

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 26. Crimes Against Unborn Child (Refs & Annos)

§ 2606. Aggravated assault of unborn child


(a) Offense.--A person commits aggravated assault of an unborn child if he attempts to cause serious bodily injury to the unborn child or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the life of the unborn child.


(b) Grading.--Aggravated assault of an unborn child is a felony of the first degree.



CREDIT(S)


1997, Oct. 2, P.L. 379, No. 44, § 2, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 2607

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 26. Crimes Against Unborn Child (Refs & Annos)

§ 2607. Culpability


In any criminal prosecution pursuant to this chapter, the provisions of Chapter 3 (relating to culpability) shall apply, except that:


(1) The term “different person” as used in section 303(b) and (c) (relating to causal relationship between conduct and result) shall also include an unborn child.


(2) The term “victim” as used in section 311 (relating to consent) shall not include the mother of the unborn child.



CREDIT(S)


1997, Oct. 2, P.L. 379, No. 44, § 2, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 2608

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 26. Crimes Against Unborn Child (Refs & Annos)

§ 2608. Nonliability and defenses


(a) Nonliability.--Nothing in this chapter shall impose criminal liability:


(1) For acts committed during any abortion or attempted abortion, whether lawful or unlawful, in which the pregnant woman cooperated or consented.


(2) For the consensual or good faith performance of medical practice, including medical procedures, diagnostic testing or therapeutic treatment, the use of an intrauterine device or birth control pill to inhibit or prevent ovulation, fertilization or the implantation of a fertilized ovum within the uterus.


(3) Upon the pregnant woman in regard to crimes against her unborn child.


(b) Defenses.--In any prosecution pursuant to this chapter, it shall be a defense that:


(1) The use of force that caused death or serious bodily injury to the unborn child would have been justified pursuant to Chapter 5 (relating to general principles of justification) if it caused death or serious bodily injury to the mother.


(2) Death or serious bodily injury to the unborn child was caused by the use of force which would have been justified pursuant to Chapter 5 if the same level of force was used upon or toward the mother.



CREDIT(S)


1997, Oct. 2, P.L. 379, No. 44, § 2, effective in 180 days.


 

Current through Regular Session Act 2013-4


18 Pa.C.S.A. § 2609

 



Effective:[See Text Amendments]


Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 26. Crimes Against Unborn Child (Refs & Annos)

§ 2609. Construction


The provisions of this chapter shall not be construed to prohibit the prosecution of an offender under any other provision of law.



CREDIT(S)


1997, Oct. 2, P.L. 379, No. 44, § 2, effective in 180 days.


 

Current through Regular Session Act 2013-4


§ 61-6-25. Falsely reporting child abuse

Tags:38 WV (0.6%)

W. Va. Code, § 61-6-25


Effective: June 5, 2008


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 6. Crimes Against the Peace (Refs & Annos)

§ 61-6-25. Falsely reporting child abuse


(a) Any person who knowingly and intentionally reports or causes to be reported to a law enforcement officer, child protective service worker or judicial officer that another has committed child sexual abuse, child abuse or neglect as such are defined in section three, article one, chapter forty-nine of this code who when doing so knows or has reason to know such accusation is false and who does it with the intent to influence a child custody decision shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than one thousand dollars, sentenced to not more than sixty hours of court-approved community service, or both.


(b) In addition to any other sanctions imposed by the provisions of this section, any person convicted of a violation of this section shall be required to attend and complete a court-approved parenting class.


CREDIT(S)


Acts 2008, c. 64, eff. June 5, 2008.



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 944. Crimes Against Sexual Morality

Tags:20 WI (1.8%)

W.S.A. Ch. 944, Refs & Annos

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.01

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter I. Legislative Intent

944.01. Intent


The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.02

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter I. Legislative Intent

944.02. Repealed by L.1975, c. 184, § 7, eff. March 27, 1976


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.05

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter II. Sexual Crimes Which Affect the Family

944.05. Bigamy


(1) Whoever does any of the following is guilty of a Class I felony:


(a) Contracts a marriage in this state with knowledge that his or her prior marriage is not dissolved; or


(b) Contracts a marriage in this state with knowledge that the prior marriage of the person he or she marries is not dissolved; or


(c) Cohabits in this state with a person whom he or she married outside this state with knowledge that his or her own prior marriage had not been dissolved or with knowledge that the prior marriage of the person he or she married had not been dissolved.


(2) In this section “cohabit” means to live together under the representation or appearance of being married.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.06

Effective: June 6, 2009


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter II. Sexual Crimes Which Affect the Family

944.06. Incest


Whoever marries or has nonmarital sexual intercourse, as defined in s. 948.01(6), with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state is guilty of a Class F felony.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.10

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter II. Sexual Crimes Which Affect the Family

944.10, 944.11. Repealed by L.1975, c. 184, § 8, eff. March 27, 1976


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.11

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter II. Sexual Crimes Which Affect the Family

944.10, 944.11. Repealed by L.1975, c. 184, § 8, eff. March 27, 1976


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.12

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter II. Sexual Crimes Which Affect the Family

944.12. Repealed by 1987 Act 332, § 42, eff. July 1, 1989


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.15

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter III. Fornication; Adultery; Gratification

944.15. Public fornication


(1) In this section, “in public” means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual intercourse.


(2) Whoever has sexual intercourse in public is guilty of a Class A misdemeanor.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.16

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter III. Fornication; Adultery; Gratification

944.16. Adultery


Whoever does either of the following is guilty of a Class I felony:


(1) A married person who has sexual intercourse with a person not the married person's spouse; or


(2) A person who has sexual intercourse with a person who is married to another.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.



W.S.A. 944.17

Effective:[See Text Amendments]


West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 944. Crimes Against Sexual Morality (Refs & Annos)

Subchapter III. Fornication; Adultery; Gratification

944.17. Sexual gratification


(1) In this section, “in public” means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual gratification.


(2) Whoever does any of the following is guilty of a Class A misdemeanor:


(a) Commits an act of sexual gratification in public involving the sex organ of one person and the mouth or anus of another.


(c) Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal.


(d) Commits an act of sexual gratification involving his or her sex organ, mouth or anus and the sex organ of an animal.


(3) Subsection (2) does not apply to a mother's breast-feeding of her child.


<<For credits, see Historical Note field.>>


Current through 2013 Wisconsin Act 13, published 05/18/2013.


Chapter 19. Incest.

Tags:49 DC (0.2%)

 

 

Effective:[See Text Amendments]

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 19. Incest.

§ 22-1901. Definition and penalty.

If any person in the District related to another person within and not including the fourth degree of consanguinity, computed according to the rules of the Roman or civil law, shall marry or cohabit with or have sexual intercourse with such other so-related person, knowing him or her to be within said degree of relationship, the person so offending shall be deemed guilty of incest, and, on conviction thereof, shall be punished by imprisonment for not more than 12 years.

CREDIT(S)

(Mar. 3, 1901, 31 Stat. 1332, ch. 854, § 875.)

Current through April 16, 2013

 

 

DC ST § 22-1931

 

 


Chapter 64. Sexual Exploitation of Children

Tags:50 VT (0.2%)

13 V.S.A. § 2821


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2821. Definitions


As used in this chapter:


(1) “Child” means any person under the age of 16 years.


(2) “Sexual conduct” means any of the following:


(A) any conduct involving contact between the penis and the vulva, the penis and the penis, the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva and the vulva or the mouth and the vulva;


(B) any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;


(C) any intentional touching, not through the clothing, of the genitals, anus or breasts of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;


(D) masturbation;


(E) bestiality; or


(F) sadomasochistic abuse for sexual purposes.


(3) “Performance” means:


(A) an event which is photographed, filmed or visually recorded; or


(B) a play, dance or other visual presentation or exhibition before an audience.


(4) “Sexual performance” means any performance or any part of a performance, which includes sexual conduct by a child.


(5) “Promote” means to procure, issue, manufacture, publish, sell, give, provide, lend, mail, deliver, distribute, disseminate, circulate, present, exhibit, advertise, or offer to do the same, by any means, including electronic transmission.


CREDIT(S)


1983, No. 92; 1999, Adj. Sess., No. 122, § 1; 1999, Adj. Sess., No. 124, § 9.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 2822


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2822. Use of a child in a sexual performance


(a) No person shall, with knowledge of the character and content, promote a sexual performance by a child or a performance which contains a lewd exhibition of the genitals, anus or breasts of a child, or hire, employ, procure, use, cause or induce a child to engage in such a performance.


(b) In any prosecution arising under this section, the defendant may raise as an affirmative defense that before the child participated in the sexual performance, the defendant, in good faith, had a reasonable and factual basis to conclude that the child had in fact attained the age of 16; and the defendant did not rely solely upon the oral allegations or representations of the child as to his or her age.


CREDIT(S)


1983, No. 92; 1999, Adj. Sess., No. 122, § 2.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 2823


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2823. Consenting to a sexual performance


No person who is the parent, legal guardian, or custodian of a child may, with knowledge of the character and content, consent to the participation of that child in a sexual performance or a performance including a lewd exhibition of the genitals by that child.


CREDIT(S)


1983, No. 92.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 2824


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2824. Promoting a recording of sexual conduct


(a) No person may, with knowledge of the character and content, promote any photograph, film or visual recording of sexual conduct by a child, or of a lewd exhibition of a child's genitals or anus. This subsection does not apply to paintings, drawings, or to non-visual or written descriptions of sexual conduct.


(b) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses:


(1) that the recording was promoted for a bona fide medical, psychological, social work, legislative, judicial or law enforcement purpose, by or to a physician, psychologist, social worker, legislator, judge, prosecutor, law enforcement officer, or other person having such a bona fide interest in the subject matter.


(2) that the defendant was a bona fide school, museum or public library, or was a person acting in the course of employment as an employee or official of such an organization or of a retail outlet affiliated with and serving the educational or intended purpose of that school, museum or library.


(3) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained the age of 16 when the recording was made.


CREDIT(S)


1983, No. 92; 1999, Adj. Sess., No. 122, § 3.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 2825


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2825. Penalties


(a) A person who violates sections 2822, 2823, or 2824 of this title shall be imprisoned not more than 10 years or fined not more than $20,000.00, or both.


(b) Upon conviction for a violation of sections 2822, 2823, or 2824 of this title of a person who has earlier been convicted under any of those sections, the person shall be imprisoned not less than one year nor more than 15 years or fined not more than $50,000.00, or both.


(c) A person who violates section 2827 of this title by possessing a photograph, film or visual depiction, including a depiction stored electronically, which constitutes:


(1) a clearly lewd exhibition of a child's genitals or anus, other than a depiction of sexual conduct by a child, shall be imprisoned not more than two years or fined not more than $5,000.00, or both;


(2) sexual conduct by a child, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.


(d) A person who violates section 2827 of this title after being convicted of a previous violation of the same section shall be imprisoned not more than 10 years or fined not more than $50,000.00, or both.


(e) A person who violates section 2828 of this title shall be imprisoned not more than five years or fined not more than $10,000.00, or both.


CREDIT(S)


1983, No. 92; 1999, Adj. Sess., No. 122, § 7.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 2826


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2826. Evidence of age


The age of a person who participated in sexual conduct or a performance which contains a lewd exhibition of the genitals, anus or breasts, or who was solicited for either by means designated under section 2828 of this chapter may be established by any method acceptable under the rules of evidence, including but not limited to the following methods:


(1) inferences drawn by the trier of fact from inspection of a document which depicts sexual conduct;


(2) testimony as to the apparent age of the person by a witness to sexual conduct; or


(3) expert medical testimony based upon the appearance of the person depicted in a recording of sexual conduct.


CREDIT(S)


1983, No. 92; 1999, Adj. Sess., No. 122, § 4.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 2827


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2827. Possession of child pornography


(a) No person shall, with knowledge of the character and content, possess any photograph, film or visual depiction, including any depiction which is stored electronically, of sexual conduct by a child or of a clearly lewd exhibition of a child's genitals or anus.


(b) This section does not apply:


(1) if the depiction was possessed for a bona fide medical, psychological, social work, legislative, judicial or law enforcement purpose, by a physician, psychologist, social worker, legislator, judge, prosecutor, law enforcement officer, or other person having such a bona fide interest in the subject matter;


(2) if the person was a bona fide school, museum or public library, or was a person acting in the course of employment as an employee or official of such an organization or of a retail outlet affiliated with and serving the educational or intended purpose of that school, museum or library;


(3) to paintings, drawings, or nonvisual or written descriptions of sexual conduct.


(c) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses, which shall be proven by a preponderance of the evidence:


(1) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained the age of 16 when the depiction was made;


(2) that the defendant in good faith took reasonable steps, whether successful or not, to destroy or eliminate the depiction.


CREDIT(S)


1999, Adj. Sess., No. 122, § 5.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



13 V.S.A. § 2828


West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2828. Luring a child


(a) No person shall knowingly solicit, lure, or entice, or to attempt to solicit, lure, or entice, a child under the age of 16 or another person believed by the person to be a child under the age of 16, to engage in a sexual act as defined in section 3251 of this title or engage in lewd and lascivious conduct as defined in section 2602 of this title.


(b) This section applies to solicitation, luring, or enticement by any means, including in person, through written or telephonic correspondence or electronic communication.


(c) This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual.


CREDIT(S)


1999, Adj. Sess., No. 122, § 6; 2005, Adj. Sess., No. 192, § 9.



The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.



§ 61-8-25. Requiring children to beg, sing or play musical instruments in streets; penalty

Tags:38 WV (0.6%)

W. Va. Code, § 61-8-25


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8. Crimes Against Chastity, Morality and Decency (Refs & Annos)

§ 61-8-25. Requiring children to beg, sing or play musical instruments in streets; penalty


Any person, having the care, custody, or control, lawful or unlawful, of any minor child under the age of eighteen years, who shall use such minor, or apprentice, give away, let out, hire or otherwise dispose of, such minor child to any person, for the purposes of singing, playing on musical instruments, begging, or for any mendicant business whatsoever in the streets, roads, or other highways of this State, and any person who shall take, receive, hire, employ, use or have in custody, any minor for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments, or begging upon the streets, roads or other highways of this State, or for any mendicant business whatever, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than one hundred dollars.


CREDIT(S)


Acts 1901, c. 14, § 3.


Formerly Code 1923, c. 144, § 16d(3).



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8-26


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8. Crimes Against Chastity, Morality and Decency (Refs & Annos)

§ 61-8-26. Permitting children to sing, dance or act in dance house, etc.; penalty


Any person, having the care, custody, or control of any minor child under the age of fifteen years, who shall in any manner sell, apprentice, give away or permit such child to sing, dance, act, or in any manner exhibit it in any dance house, concert saloon, theater or place of entertainment where wines or spirituous or malt liquors are sold or given away, or with which any place for the sale of wines or spirituous or malt liquors is directly or indirectly connected by any passageway or entrance, and any proprietor of any dance house whatever, or any such concert saloon, theater, or place of entertainment, so employing any such child, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than one hundred dollars for each offense.


CREDIT(S)


Acts 1901, c. 14, § 4.


Formerly Code 1923, c. 144, § 16d(4).



Current through S.B. 412 of 2013 Reg. Sess.



W. Va. Code, § 61-8-27


Effective:[See Text Amendments]


West's Annotated Code of West Virginia Currentness

Chapter 61. Crimes and Their Punishment

Article 8. Crimes Against Chastity, Morality and Decency (Refs & Annos)

§ 61-8-27. Unlawful admission of children to dance house, etc.; penalty


Any proprietor or any person in charge of a dance house, concert saloon, theater, museum, or similar place of amusement, or other place, where wines or spirituous or malt liquors are sold or given away, or any place of entertainment injurious to health or morals, who admits or permits to remain therein any minor under the age of eighteen years, unless accompanied by his or her parent or guardian, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding two hundred dollars.


CREDIT(S)


Acts 1901, c. 14, § 5.


Formerly Code 1923, c. 144, § 16d(5).



Current through S.B. 412 of 2013 Reg. Sess.


Chapter 952. Penal Code: Offenses

Tags:29 CT (1.1%)

C.G.S.A. § 53a-190


Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part XVIII. Bigamy and Incest (Refs & Annos)

§ 53a-190. Bigamy: Class D felony

(a) A person is guilty of bigamy when he marries or purports to marry another person in this state if either is lawfully married; or so marries or purports to marry another person in any other state or country in violation of the laws thereof, and knowingly cohabits and lives with such other person in this state as husband and wife.

(b) It shall be an affirmative defense to the charge of bigamy that at the time of the subsequent marriage or purported marriage: (1) The actor reasonably believed, based on persuasive and reliable information, that the prior spouse was dead; or (2) a court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or (3) the single person did not know that the other person was legally married.

(c) Bigamy is a class D felony.


CREDIT(S)

(1969, P.A. 828, § 192, eff. Oct. 1, 1971; 1971, P.A. 871, § 47; 1992, P.A. 92-260, § 73.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013

C.G.S.A. § 53a-191


Effective:[See Text Amendments]

Connecticut General Statutes Annotated Currentness

Title 53A. Penal Code (Refs & Annos)

Chapter 952. Penal Code: Offenses (Refs & Annos)

Part XVIII. Bigamy and Incest (Refs & Annos)

§ 53a-191. Incest: Class D felony

(a) A person is guilty of incest when he marries a person whom he knows to be related to him within any of the degrees of kindred specified in section 46b-21.

(b) Incest is a class D felony.


CREDIT(S)

(1969, P.A. 828, § 193, eff. Oct. 1, 1971; 1980, P.A. 80-346, § 2; 1992, P.A. 92-260, § 74.)

Current with Public Acts enrolled and approved by the Governor on or before June 1, 2013 and effective on or before July 1, 2013


Chapter 15. Offenses Against the Family

Tags:17 TN (2.1%)

T. C. A. § 39-15-101


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 15. Offenses Against the Family (Refs & Annos)

Part 1. Nonsupport (Refs & Annos)

§ 39-15-101. Nonsupport; flagrant nonsupport


(a) A person commits the crime of nonsupport who fails to provide support which that person is able to provide and knows the person has a duty to provide to a minor child or to a child or spouse who, because of physical or mental disability, is unable to be self-supporting.


(b) “Child” includes legitimate children and children whose parentage has been admitted by the person charged or established by judicial action.


(c) “Support” includes, but is not limited to, financial assistance, food, shelter, clothing, medical attention or, if determined elsewhere by law, other necessary care.


(d) A person commits the offense of flagrant nonsupport who:


(1) Leaves or remains without the state to avoid a legal duty of support; or


(2) Having been convicted one (1) or more times of nonsupport or flagrant nonsupport, is convicted of a subsequent offense under this section.


(e) Nonsupport under subsection (a) is a Class A misdemeanor. Flagrant nonsupport under subsection (d) is a Class E felony.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-15-102


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 15. Offenses Against the Family (Refs & Annos)

Part 1. Nonsupport (Refs & Annos)

§ 39-15-102. Jurisdiction


(a) The juvenile court is vested with jurisdiction to:


(1) Try, determine, and render final judgment in all misdemeanor cases under § 39-15-101 where the person enters a plea of guilty, nolo contendere, or not guilty and expressly waives indictment, presentment, grand jury investigation, and jury trial in writing. In such cases, the trial shall proceed before the court without the intervention of a jury;


(2) Conduct preliminary hearings in all felony cases under § 39-15-101(d), and if the court finds probable cause and in all other cases where the person pleads not guilty to a felony charge or does not waive the right to a jury trial, bind the person over for the action of the grand jury under appropriate bond; and


(3) Regardless of whether the person is tried in juvenile court or bound over, enter an order of protection and assistance which may require the person to:


(A) Stay away from the home, dependent child or spouse;


(B) Permit the defendant visitation with the child or children at reasonable or stated periods;


(C) Abstain from offensive conduct against the dependent child or spouse or from other acts which tend to make the home an unfit place for the dependent person to live; or


(D) Give proper attention to the care of the home.


(b)(1) In all cases where the person pleads or is found guilty of a misdemeanor under § 39-15-101(a), the court shall sentence the person in accordance with title 40, chapter 35, and enter appropriate orders of support, protection or assistance.


(2) In the event the person's sentence is suspended, the court may require the person to give security by bond with sufficient sureties approved by the court for the payment of the order of support. Should the court subsequently find the person is able to comply with the order and fails to do so, the bond shall be forfeited and the proceeds paid into the court to be applied to the order of support, and the person shall be brought immediately before the court for enforcement of the sentence.


(c) In all cases where the person is bound over to the grand jury, the criminal court shall enforce any order of protection and assistance entered by the juvenile court, and may, if the person is convicted, include the order or modification of the order as part of the judgment and sentence.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-15-103


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 15. Offenses Against the Family (Refs & Annos)

Part 1. Nonsupport (Refs & Annos)

§ 39-15-103. Appeal and review


(a) An appeal from any final order or decree of the juvenile court pursuant to the provisions of this part may be perfected to the court of appeals; provided, that any order of actual imprisonment except for contempt may be perfected as are appeals from any other criminal conviction pursuant to § 40-4-112.


(b) No appeal shall operate as a stay of execution, unless the person receives the court's permission, gives the security provided in § 39-15-102(b)(2) and, when necessary, executes an appearance bond.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


T. C. A. § 39-15-104


Effective:[See Text Amendments]


West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 15. Offenses Against the Family (Refs & Annos)

Part 1. Nonsupport (Refs & Annos)

§ 39-15-104. Procedure


(a) When complaint on oath is made to the judge of any juvenile court against a person to be charged with a violation of this part, the judge must issue a warrant requiring the arrest of the person charged and that person is to be brought before the judge for examination; provided, that if the person, being duly summoned or voluntarily appearing, acknowledges the obligation of support, the court may in its discretion enter a consent order in lieu of the issuance of a warrant.


(b) No arrest warrant shall issue for the violation of any court order of support if the violation occurred during a period of time in which the person was incarcerated in any penal institution and was otherwise unable to comply with the order; provided, that this section shall not prevent the determining of arrearages under any previous order, and enforcement of the order as is consistent with the person's ability to comply.


(c) It is the duty of the governor to demand the return of any person charged under § 39-15-101(d) from the governor of any other state where the person may be found, upon proper warrant being issued or indictment being returned.


(d) Any court vested with jurisdiction to implement the provisions of this part may enforce its orders and decrees by execution or in any way in which a court of equity may enforce its orders and decrees, including by imprisonment and fine for contempt. No property of the person, except all statutory homestead rights, shall be exempt from levy and sale under such execution or other process issued from the court. All provisions of title 36, chapter 5 that relate to child support or child support orders that include an order of spousal support and § 50-2-105 shall apply to support orders issued in these proceedings.


CREDIT(S)


1989 Pub.Acts, c. 591, § 1.



Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013


Chapter 61. Abortion

Tags:32 AR (0.9%)

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 6. Offenses Against Public Health, Safety, or Welfare (Chapters 60 to 79)

Chapter 61. Abortion

Subchapter 1. General Provisions (Refs & Annos)

§ 5-61-101. Abortions, persons performing, etc.


(a) It is unlawful for any person to induce another person to have an abortion or to willfully terminate the pregnancy of a woman known to be pregnant with the intent to cause fetal death unless the person is licensed to practice medicine in the State of Arkansas.



(b) Violation of subsection (a) of this section is a Class D felony.


(c) Nothing in this section shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.



CREDIT(S)


Acts of 1983, Act 715, §§ 1, 2; Acts of 1999, Act 1273, § 4, eff. July 30, 1999.


Formerly A.S.A. 1947, § 41-2561.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-61-102


Effective:[See Text Amendments]


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 6. Offenses Against Public Health, Safety, or Welfare (Chapters 60 to 79)

Chapter 61. Abortion

Subchapter 1. General Provisions (Refs & Annos)

§ 5-61-102. Unlawful abortion


(a) It is unlawful for any person to administer or prescribe any medicine or drug to any woman with child with the intent to produce an abortion or premature delivery of any fetus before or after the period of quickening or to produce or attempt to produce the abortion by any other means.



(b) Any person violating a provision of this section is guilty of a Class D felony.


(c) Nothing in this section shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.



CREDIT(S)


Acts of 1969, Act 61, § 1; Acts of 1999, Act 1273, § 5, eff. July 30, 1999; Acts of 2005, Act 1994, § 428, eff. Aug. 12, 2005.


Formerly A.S.A. 1947, § 41-2553.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-61-201


Effective: February 20, 2009


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 6. Offenses Against Public Health, Safety, or Welfare (Chapters 60 to 79)

Chapter 61. Abortion

Subchapter 2. Partial-Birth Abortion Ban Act

§§ 5-61-201 to 5-61-204. Repealed by Acts of 2009, Act 196, § 2, eff. Feb. 20, 2009


CREDIT(S)


Acts of 2009, Act 196, § 2, eff. Feb. 20, 2009.


Formerly Acts of 1997, Act 984, §§ 1 to 4.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-61-202


Effective: February 20, 2009


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 6. Offenses Against Public Health, Safety, or Welfare (Chapters 60 to 79)

Chapter 61. Abortion

Subchapter 2. Partial-Birth Abortion Ban Act

§§ 5-61-201 to 5-61-204. Repealed by Acts of 2009, Act 196, § 2, eff. Feb. 20, 2009


CREDIT(S)


Acts of 2009, Act 196, § 2, eff. Feb. 20, 2009.


Formerly Acts of 1997, Act 984, §§ 1 to 4.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-61-203


Effective: February 20, 2009


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 6. Offenses Against Public Health, Safety, or Welfare (Chapters 60 to 79)

Chapter 61. Abortion

Subchapter 2. Partial-Birth Abortion Ban Act

§§ 5-61-201 to 5-61-204. Repealed by Acts of 2009, Act 196, § 2, eff. Feb. 20, 2009


CREDIT(S)


Acts of 2009, Act 196, § 2, eff. Feb. 20, 2009.


Formerly Acts of 1997, Act 984, §§ 1 to 4.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. § 5-61-204


Effective: February 20, 2009


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 6. Offenses Against Public Health, Safety, or Welfare (Chapters 60 to 79)

Chapter 61. Abortion

Subchapter 2. Partial-Birth Abortion Ban Act

§§ 5-61-201 to 5-61-204. Repealed by Acts of 2009, Act 196, § 2, eff. Feb. 20, 2009


CREDIT(S)


Acts of 2009, Act 196, § 2, eff. Feb. 20, 2009.


Formerly Acts of 1997, Act 984, §§ 1 to 4.


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.




A.C.A. T. 5, Subt. 6, Ch. 62, Refs & Annos


West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 6. Offenses Against Public Health, Safety, or Welfare (Chapters 60 to 79)

Chapter 62. Animals


Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.


Chapter 798. Adultery; Cohabitation

Tags:04 FL (6.2%)

West's F.S.A. § 798.01

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.01. Living in open adultery


Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.


CREDIT(S)



Laws 1874, c. 1986, § 1; Rev.St.1892, § 2595; Gen.St.1906, § 3518; Rev.Gen.St.1920, § 5406; Comp.Gen.Laws 1927, § 7549; Laws 1971, c. 71-136, § 772.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 798.02

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.02. Lewd and lascivious behavior


If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Laws 1868, c. 1637, subc. 8, § 6; Rev.St.1892, § 2596; Gen.St.1906, § 3519; Rev.Gen.St.1920, § 5407; Comp.Gen.Laws 1927, § 7550; Laws 1971, c. 71-136, § 773.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 798.03

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.03. Repealed by Laws 1983, c. 83-214, § 17, eff. Aug. 12, 1983


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 798.04

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.04. Repealed by Laws 1969, c. 69-195, § 1


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 798.05

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 798. Adultery; Cohabitation

798.05. Repealed by Laws 1969, c. 69-195, § 1


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 799.01

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 799. Bigamy [Renumbered]

799.01. Renumbered as 826.01 and amended by Laws 1974, c. 74-383, §§ 44 to 46


See, now, F.S.A. § 826.01


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 799.02

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 799. Bigamy [Renumbered]

799.02. Renumbered as 826.02 and amended by Laws 1974, c. 74-383, §§ 44 to 46


See, now, F.S.A. § 826.02


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 799.03

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 799. Bigamy [Renumbered]

799.03. Renumbered as 826.03 and amended by Laws 1974, c. 74-383, §§ 44 to 46


See, now, F.S.A. § 826.03


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013


Chapter 797. Abortion

Tags:04 FL (6.2%)

West's F.S.A. T. XLVI, Ch. 797, Refs & Annos

West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 797. Abortion


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 797.01

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 797. Abortion (Refs & Annos)

797.01. Repealed by Laws 1972, c. 72-196, § 9


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 797.02

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 797. Abortion (Refs & Annos)

797.02. Advertising drugs, etc., for abortion


Whoever knowingly advertises, prints, publishes, distributes or circulates, or knowingly causes to be advertised, printed, published, distributed or circulated, any pamphlet, printed paper, book, newspaper notice, advertisement, or reference containing words or language giving or conveying any notice, hint, or reference to any person, or the name of any person, real or fictitious, from whom, or to any place, house, shop, or office where any poison, drug, mixture, preparation, medicine, or noxious thing, or any instrument or means whatever, or any advice, direction, information, or knowledge may be obtained for the purpose of causing or procuring the miscarriage of any woman pregnant with child, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)



Laws 1868, c. 1637, subc. 8, § 10; Rev.St.1892, § 2619; Gen.St.1906, § 3539; Rev.Gen.St.1920, § 5437; Comp.Gen.Laws 1927, § 7580; Laws 1971, c. 71-136, § 771.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 797.03

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 797. Abortion (Refs & Annos)

797.03. Prohibited acts; penalties


(1) It is unlawful for any person to perform or assist in performing an abortion on a person, except in an emergency care situation, other than in a validly licensed hospital or abortion clinic or in a physician's office.


(2) It is unlawful for any person or public body to establish, conduct, manage, or operate an abortion clinic without a valid current license.


(3) It is unlawful for any person to perform or assist in performing an abortion on a person in the third trimester other than in a hospital.


(4) Any person who willfully violates any provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


CREDIT(S)


Laws 1978, c. 78-382, § 10.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013


Chapter 826. Bigamy; Incest

Tags:04 FL (6.2%)

West's F.S.A. § 826.01

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 826. Bigamy; Incest

826.01. Bigamy; punishment


Whoever, having a husband or wife living, marries another person shall, except in the cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


CREDIT(S)



Laws 1868, c. 1637, subc. 8, § 4; Rev.St.1892, § 2603; Gen.St.1906, § 3526; Rev.Gen.St.1920, § 5416; Comp.Gen.Laws 1927, § 7559; Laws 1971, c. 71-136, § 775; Fla.St.1973, § 799.01; Laws 1974, c. 74-383, § 44; Laws 1975, c. 75-298, § 30.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 826.02

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 826. Bigamy; Incest

826.02. Exceptions


The provisions of s. 826.01 shall not extend to any person:


(1) Who reasonably believes that the prior spouse is dead.


(2) Whose prior spouse has voluntarily deserted him or her and remained absent for the space of 3 years continuously, the party marrying again not knowing the other to be living within that time.


(3) Whose bonds of matrimony have been dissolved.


(4) Who violates its provisions because a domestic or foreign court has entered an invalid judgment purporting to terminate or annul the prior marriage and the defendant does not know that judgment to be invalid.


(5) Who reasonably believes that he or she is legally eligible to remarry.


CREDIT(S)


Laws 1868, c. 1637, subc. 8, § 5; Rev.St.1892, § 2604; Laws 1901, c. 4963, § 1; Gen.St.1906, § 3527; Rev.Gen.St.1920, § 5417; Comp.Gen.Laws 1927, § 7560; Laws 1973, c. 73-300, § 1; Fla.St.1973, § 799.02; Laws 1974, c. 74-383, § 45. Amended by Laws 1997, c. 97-102, § 1280, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 826.03

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 826. Bigamy; Incest

826.03. Knowingly marrying husband or wife of another


Whoever knowingly marries the husband or wife of another person, knowing him or her to be the spouse of another person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


CREDIT(S)



Act Feb. 10, 1832, § 39; Rev.St.1892, § 2605; Gen.St.1906, § 3528; Rev.Gen.St.1920, § 5418; Comp.Gen.Laws 1927, § 7561; Laws 1971, c. 71-136, § 776; Fla.St.1973, § 799.03; Laws 1974, c. 74-383, § 46; Laws 1975, c. 75-298, § 30.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013



West's F.S.A. § 826.04

Effective:[See Text Amendments]


West's Florida Statutes Annotated Currentness

Title XLVI. Crimes (Chapters 775-899)

Chapter 826. Bigamy; Incest

826.04. Incest


Whoever knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. “Sexual intercourse” is the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required.


CREDIT(S)



Laws 1974, c. 74-383, § 47; Laws 1975, c. 75-298, § 30. Amended by Laws 1997, c. 97-102, § 1281, eff. July 1, 1997.


Current with chapters in effect from the 2013 1st Reg. Sess. of the 23rd Legislature through May 20, 2013


Chapter 2917. Offenses Against the Public Peace

Tags:07 OH (3.7%)

R.C. § 2917.01


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2917. Offenses Against the Public Peace (Refs & Annos)

Inciting, Riot, and Related Offenses

2917.01 Inciting to violence


(A) No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence, when either of the following apply:


(1) The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed;


(2) The conduct proximately results in the commission of any offense of violence.


(B) Whoever violates this section is guilty of inciting to violence. If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree. If the offense of violence that the other person is being urged or incited to commit is a felony, inciting to violence is a felony of the third degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).


Chapter 40. Of the Consolidated Laws

Tags:03 NY (6.2%)

McKinney's Penal Law § 125.40

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation

Article 125. Homicide, Abortion and Related Offenses (Refs & Annos)

§ 125.40 Abortion in the second degree

A person is guilty of abortion in the second degree when he commits an abortional act upon a female, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Abortion in the second degree is a class E felony.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 125.45

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation

Article 125. Homicide, Abortion and Related Offenses (Refs & Annos)

§ 125.45 Abortion in the first degree

A person is guilty of abortion in the first degree when he commits upon a female pregnant for more than twenty-four weeks an abortional act which causes the miscarriage of such female, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Abortion in the first degree is a class D felony.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 125.50

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation

Article 125. Homicide, Abortion and Related Offenses (Refs & Annos)

§ 125.50 Self-abortion in the second degree

A female is guilty of self-abortion in the second degree when, being pregnant, she commits or submits to an abortional act upon herself, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Self-abortion in the second degree is a class B misdemeanor.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 125.55

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation

Article 125. Homicide, Abortion and Related Offenses (Refs & Annos)

§ 125.55 Self-abortion in the first degree

A female is guilty of self-abortion in the first degree when, being pregnant for more than twenty-four weeks, she commits or submits to an abortional act upon herself which causes her miscarriage, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Self-abortion in the first degree is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 125.60

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation

Article 125. Homicide, Abortion and Related Offenses (Refs & Annos)

§ 125.60 Issuing abortional articles

A person is guilty of issuing abortional articles when he manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in unlawfully procuring the miscarriage of a female.

Issuing abortional articles is a class B misdemeanor.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.


Chapter 2919. Offenses Against the Family

Tags:07 OH (3.7%)

R.C. § 2919.11


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.11 Abortion defined; practice of medicine


As used in the Revised Code, “abortion” means the purposeful termination of a human pregnancy by any person, including the pregnant woman herself, with an intention other than to produce a live birth or to remove a dead fetus or embryo. Abortion is the practice of medicine or surgery for the purposes of section 4731.41 of the Revised Code.



CREDIT(S)


(1974 H 989, eff. 9-16-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.12


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.12 Abortion without informed consent prohibited; unmarried minors


(A) No person shall perform or induce an abortion without the informed consent of the pregnant woman.


(B)(1)(a) No person shall knowingly perform or induce an abortion upon a woman who is pregnant, unmarried, under eighteen years of age, and unemancipated unless at least one of the following applies:


(i) Subject to division (B)(2) of this section, the person has given at least twenty-four hours actual notice, in person or by telephone, to one of the woman's parents, her guardian, or her custodian as to the intention to perform or induce the abortion, provided that if the woman has requested, in accordance with division (B)(1)(b) of this section, that notice be given to a specified brother or sister of the woman who is twenty-one years of age or older or to a specified stepparent or grandparent of the woman instead of to one of her parents, her guardian, or her custodian, and if the person is notified by a juvenile court that affidavits of the type described in that division have been filed with that court, the twenty-four hours actual notice described in this division as to the intention to perform or induce the abortion shall be given, in person or by telephone, to the specified brother, sister, stepparent, or grandparent instead of to the parent, guardian, or custodian;


(ii) One of the woman's parents, her guardian, or her custodian has consented in writing to the performance or inducement of the abortion;


(iii) A juvenile court pursuant to section 2151.85 of the Revised Code issues an order authorizing the woman to consent to the abortion without notification of one of her parents, her guardian, or her custodian;


(iv) A juvenile court or a court of appeals, by its inaction, constructively has authorized the woman to consent to the abortion without notification of one of her parents, her guardian, or her custodian under division (B)(1) of section 2151.85 or division (A) of section 2505.073 of the Revised Code.


(b) If a woman who is pregnant, unmarried, under eighteen years of age, and unemancipated desires notification as to a person's intention to perform or induce an abortion on the woman to be given to a specified brother or sister of the woman who is twenty-one years of age or older or to a specified stepparent or grandparent of the woman instead of to one of her parents, her guardian, or her custodian, the person who intends to perform or induce the abortion shall notify the specified brother, sister, stepparent, or grandparent instead of the parent, guardian, or custodian for purposes of division (B)(1)(a)(i) of this section if all of the following apply:


(i) The woman has requested the person to provide the notification to the specified brother, sister, stepparent, or grandparent, clearly has identified the specified brother, sister, stepparent, or grandparent and her relation to that person, and, if the specified relative is a brother or sister, has indicated the age of the brother or sister;


(ii) The woman has executed an affidavit stating that she is in fear of physical, sexual, or severe emotional abuse from the parent, guardian, or custodian who otherwise would be notified under division (B)(1)(a)(i) of this section, and that the fear is based on a pattern of physical, sexual, or severe emotional abuse of her exhibited by that parent, guardian, or custodian, has filed the affidavit with the juvenile court of the county in which the woman has a residence or legal settlement, the juvenile court of any county that borders to any extent the county in which she has a residence or legal settlement, or the juvenile court of the county in which the hospital, clinic, or other facility in which the abortion would be performed or induced is located, and has given the court written notice of the name and address of the person who intends to perform or induce the abortion;


(iii) The specified brother, sister, stepparent, or grandparent has executed an affidavit stating that the woman has reason to fear physical, sexual, or severe emotional abuse from the parent, guardian, or custodian who otherwise would be notified under division (B)(1)(a)(i) of this section, based on a pattern of physical, sexual, or severe emotional abuse of her by that parent, guardian, or custodian, and the woman or the specified brother, sister, stepparent, or grandparent has filed the affidavit with the juvenile court in which the affidavit described in division (B)(1)(b)(ii) of this section was filed;


(iv) The juvenile court in which the affidavits described in divisions (B)(1)(b)(ii) and (iii) of this section were filed has notified the person that both of those affidavits have been filed with the court.


(c) If an affidavit of the type described in division (B)(1)(b)(ii) of this section and an affidavit of the type described in division (B)(1)(b)(iii) of this section are filed with a juvenile court and the court has been provided with written notice of the name and address of the person who intends to perform or induce an abortion upon the woman to whom the affidavits pertain, the court promptly shall notify the person who intends to perform or induce the abortion that the affidavits have been filed. If possible, the notice to the person shall be given in person or by telephone.


(2) If division (B)(1)(a)(ii), (iii), or (iv) of this section does not apply, and if no parent, guardian, or custodian can be reached for purposes of division (B)(1)(a)(i) of this section after a reasonable effort, or if notification is to be given to a specified brother, sister, stepparent, or grandparent under that division and the specified brother, sister, stepparent, or grandparent cannot be reached for purposes of that division after a reasonable effort, no person shall perform or induce such an abortion without giving at least forty-eight hours constructive notice to one of the woman's parents, her guardian, or her custodian, by both certified and ordinary mail sent to the last known address of the parent, guardian, or custodian, or if notification for purposes of division (B)(1)(a)(i) of this section is to be given to a specified brother, sister, stepparent, or grandparent, without giving at least forty-eight hours constructive notice to that specified brother, sister, stepparent, or grandparent by both certified and ordinary mail sent to the last known address of that specified brother, sister, stepparent, or grandparent. The forty-eight-hour period under this division begins when the certified mail notice is mailed. If a parent, guardian, or custodian of the woman, or if notification under division (B)(1)(a)(i) of this section is to be given to a specified brother, sister, stepparent, or grandparent, the specified brother, sister, stepparent, or grandparent, is not reached within the forty-eight-hour period, the abortion may proceed even if the certified mail notice is not received.


(3) If a parent, guardian, custodian, or specified brother, sister, stepparent, or grandparent who has been notified in accordance with division (B)(1) or (2) of this section clearly and unequivocally expresses that he or she does not wish to consult with a pregnant woman prior to her abortion, then the abortion may proceed without any further waiting period.


(4) For purposes of prosecutions for a violation of division (B)(1) or (2) of this section, it shall be a rebuttable presumption that a woman who is unmarried and under eighteen years of age is unemancipated.


(C)(1) It is an affirmative defense to a charge under division (B)(1) or (2) of this section that the pregnant woman provided the person who performed or induced the abortion with false, misleading, or incorrect information about her age, marital status, or emancipation, about the age of a brother or sister to whom she requested notice be given as a specified relative instead of to one of her parents, her guardian, or her custodian, or about the last known address of either of her parents, her guardian, her custodian, or a specified brother, sister, stepparent, or grandparent to whom she requested notice be given and the person who performed or induced the abortion did not otherwise have reasonable cause to believe the pregnant woman was under eighteen years of age, unmarried, or unemancipated, to believe that the age of a brother or sister to whom she requested notice be given as a specified relative instead of to one of her parents, her guardian, or her custodian was not twenty-one years of age, or to believe that the last known address of either of her parents, her guardian, her custodian, or a specified brother, sister, stepparent, or grandparent to whom she requested notice be given was incorrect.


(2) It is an affirmative defense to a charge under this section that compliance with the requirements of this section was not possible because an immediate threat of serious risk to the life or physical health of the pregnant woman from the continuation of her pregnancy created an emergency necessitating the immediate performance or inducement of an abortion.


(D) Whoever violates this section is guilty of unlawful abortion. A violation of division (A) of this section is a misdemeanor of the first degree on the first offense and a felony of the fourth degree on each subsequent offense. A violation of division (B) of this section is a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.


(E) Whoever violates this section is liable to the pregnant woman and her parents, guardian, or custodian for civil compensatory and exemplary damages.


(F) As used in this section “unemancipated” means that a woman who is unmarried and under eighteen years of age has not entered the armed services of the United States, has not become employed and self-subsisting, or has not otherwise become independent from the care and control of her parent, guardian, or custodian.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1985 H 319, eff. 3-24-86; 1974 H 989)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.121


Effective: February 3, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.121 Unlawful abortion


(A) For the purpose of this section, a minor shall be considered “emancipated” if the minor has married, entered the armed services of the United States, become employed and self-subsisting, or has otherwise become independent from the care and control of her parent, guardian, or custodian.


(B) No person shall knowingly perform or induce an abortion upon a pregnant minor unless one of the following is the case:


(1) The attending physician has secured the informed written consent of the minor and one parent, guardian, or custodian;


(2) The minor is emancipated and the attending physician has received her written informed consent;


(3) The minor has been authorized to consent to the abortion by a court order issued pursuant to division (C) of this section, and the attending physician has received her informed written consent;


(4) The court has given its consent in accordance with division (C) of this section and the minor is having the abortion willingly.


(C) The right of a minor to consent to an abortion under division (B)(3) of this section or judicial consent to obtain an abortion under division (B)(4) of this section may be granted by a court order pursuant to the following procedures:


(1) The minor or next friend shall make an application to the juvenile court of the county in which the minor has a residence or legal settlement or the juvenile court of any county that borders the county in which she has a residence or legal settlement. The juvenile court shall assist the minor or next friend in preparing the petition and notices required by this section. The minor or next friend shall thereafter file a petition setting forth all of the following: the initials of the minor; her age; the names and addresses of each parent, guardian, custodian, or, if the minor's parents are deceased and no guardian has been appointed, any other person standing in loco parentis of the minor; that the minor has been fully informed of the risks and consequences of the abortion; that the minor is of sound mind and has sufficient intellectual capacity to consent to the abortion; that the minor has not previously filed a petition under this section concerning the same pregnancy that was denied on the merits; that, if the court does not authorize the minor to consent to the abortion, the court should find that the abortion is in the best interests of the minor and give judicial consent to the abortion; that the court should appoint a guardian ad litem; and if the minor does not have private counsel, that the court should appoint counsel. The petition shall be signed by the minor or the next friend.


(2)(a) A hearing on the merits shall be held on the record as soon as possible within five days of filing the petition. If the minor has not retained counsel, the court shall appoint counsel at least twenty-four hours prior to the hearing. The court shall appoint a guardian ad litem to protect the interests of the minor at the hearing. If the guardian ad litem is an attorney admitted to the practice of law in this state, the court may appoint the guardian ad litem to serve as the minor's counsel. At the hearing, the court shall do all of the following:


(i) Hear evidence relating to the emotional development, maturity, intellect, and understanding of the minor; the nature, possible consequences, and alternatives to the abortion; and any other evidence that the court may find useful in determining whether the minor should be granted the right to consent to the abortion or whether the abortion is in the best interests of the minor;


(ii) Specifically inquire about the minor's understanding of the possible physical and emotional complications of abortion and how the minor would respond if the minor experienced those complications after the abortion;


(iii) Specifically inquire about the extent to which anyone has instructed the minor on how to answer questions and on what testimony to give at the hearing.


(b) If the minor or her counsel fail to appear for a scheduled hearing, jurisdiction shall remain with the judge who would have presided at the hearing.


(3) If the court finds by clear and convincing evidence that the minor is sufficiently mature and well enough informed to decide intelligently whether to have an abortion, the court shall grant the petition and permit the minor to consent to the abortion.


If the court finds by clear and convincing evidence that the abortion is in the best interests of the minor, the court shall give judicial consent to the abortion, setting forth the grounds for its finding.


If the court does not make either of the findings specified in division (C)(3) of this section, the court shall deny the petition, setting forth the grounds on which the petition is denied.


The court shall issue its order not later than twenty-four hours after the end of the hearing.


(4) No juvenile court shall have jurisdiction to rehear a petition concerning the same pregnancy once a juvenile court has granted or denied the petition.


(5) If the petition is granted, the informed consent of the minor, pursuant to a court order authorizing the minor to consent to the abortion, or judicial consent to the abortion, shall bar an action by the parents, guardian, or custodian of the minor for battery of the minor against any person performing or inducing the abortion. The immunity granted shall only extend to the performance or inducement of the abortion in accordance with this section and to any accompanying services that are performed in a competent manner.


(6) An appeal from an order issued under this section may be taken to the court of appeals by the minor. The record on appeal shall be completed and the appeal perfected within four days from the filing of the notice of appeal. Because the abortion may need to be performed in a timely manner, the supreme court shall, by rule, provide for expedited appellate review of cases appealed under this section.


(7) All proceedings under this section shall be conducted in a confidential manner and shall be given such precedence over other pending matters as will ensure that the court will reach a decision promptly and without delay.


The petition and all other papers and records that pertain to an action commenced under this section shall be kept confidential and are not public records under section 149.43 of the Revised Code.


(8) No filing fee shall be required of or court costs assessed against a person filing a petition under this section or appealing an order issued under this section.


(9) Nothing in division (C) of this section shall constitute a waiver of any testimonial privilege provided under the Revised Code or at common law.


(D) It is an affirmative defense to any civil, criminal, or professional disciplinary claim brought under this section that compliance with the requirements of this section was not possible because an immediate threat of serious risk to the life or physical health of the minor from the continuation of her pregnancy created an emergency necessitating the immediate performance or inducement of an abortion.


(E) Whoever violates division (B) of this section is guilty of unlawful abortion, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section, unlawful abortion is a felony of the fourth degree.


(F) Whoever violates division (B) of this section is liable to the pregnant minor and her parents, guardian, or custodian for civil, compensatory, and exemplary damages.



CREDIT(S)


(2011 H 63, eff. 2-3-12; 1998 H 421, eff. 5-6-98)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.122


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.122 Compliance with abortion consent statutes as complete defense


Section 2919.121 of the Revised Code applies in lieu of division (B) of section 2919.12 of the Revised Code whenever its operation is not enjoined. If section 2919.121 of the Revised Code is enjoined, division (B) of section 2919.12 of the Revised Code applies.


If a person complies with the requirements of division (B) of section 2919.12 of the Revised Code under the good faith belief that the application or enforcement of section 2919.121 of the Revised Code is subject to a restraining order or injunction, good faith compliance shall constitute a complete defense to any civil, criminal, or professional disciplinary action brought under section 2919.121 of the Revised Code.


If a person complies with the requirements of section 2919.121 of the Revised Code under the good faith belief that it is not subject to a restraining order or injunction, good faith compliance shall constitute a complete defense to any criminal, civil, or professional disciplinary action for failure to comply with the requirements of division (B) of section 2919.12 of the Revised Code.



CREDIT(S)


(1998 H 421, eff. 5-6-98)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.123


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.123 Provision or use of RU-486; penalty


(A) No person shall knowingly give, sell, dispense, administer, otherwise provide, or prescribe RU-486 (mifepristone) to another for the purpose of inducing an abortion in any person or enabling the other person to induce an abortion in any person, unless the person who gives, sells, dispenses, administers, or otherwise provides or prescribes the RU-486 (mifepristone) is a physician, the physician satisfies all the criteria established by federal law that a physician must satisfy in order to provide RU-486 (mifepristone) for inducing abortions, and the physician provides the RU-486 (mifepristone) to the other person for the purpose of inducing an abortion in accordance with all provisions of federal law that govern the use of RU-486 (mifepristone) for inducing abortions. A person who gives, sells, dispenses, administers, otherwise provides, or prescribes RU-486 (mifepristone) to another as described in division (A) of this section shall not be prosecuted based on a violation of the criteria contained in this division unless the person knows that the person is not a physician, that the person did not satisfy all the specified criteria established by federal law, or that the person did not provide the RU-486 (mifepristone) in accordance with the specified provisions of federal law, whichever is applicable.


(B) No physician who provides RU-486 (mifepristone) to another for the purpose of inducing an abortion as authorized under division (A) of this section shall knowingly fail to comply with the applicable requirements of any federal law that pertain to follow-up examinations or care for persons to whom or for whom RU-486 (mifepristone) is provided for the purpose of inducing an abortion.


(C)(1) If a physician provides RU-486 (mifepristone) to another for the purpose of inducing an abortion as authorized under division (A) of this section and if the physician knows that the person who uses the RU-486 (mifepristone) for the purpose of inducing an abortion experiences during or after the use an incomplete abortion, severe bleeding, or an adverse reaction to the RU-486 (mifepristone) or is hospitalized, receives a transfusion, or experiences any other serious event, the physician promptly must provide a written report of the incomplete abortion, severe bleeding, adverse reaction, hospitalization, transfusion, or serious event to the state medical board. The board shall compile and retain all reports it receives under this division. Except as otherwise provided in this division, all reports the board receives under this division are public records open to inspection under section 149.43 of the Revised Code. In no case shall the board release to any person the name or any other personal identifying information regarding a person who uses RU-486 (mifepristone) for the purpose of inducing an abortion and who is the subject of a report the board receives under this division.


(2) No physician who provides RU-486 (mifepristone) to another for the purpose of inducing an abortion as authorized under division (A) of this section shall knowingly fail to file a report required under division (C)(1) of this section.


(D) Division (A) of this section does not apply to any of the following:


(1) A pregnant woman who obtains or possesses RU-486 (mifepristone) for the purpose of inducing an abortion to terminate her own pregnancy;


(2) The legal transport of RU-486 (mifepristone) by any person or entity and the legal delivery of the RU-486 (mifepristone) by any person to the recipient, provided that this division does not apply regarding any conduct related to the RU-486 (mifepristone) other than its transport and delivery to the recipient;


(3) The distribution, provision, or sale of RU-486 (mifepristone) by any legal manufacturer or distributor of RU-486 (mifepristone), provided the manufacturer or distributor made a good faith effort to comply with any applicable requirements of federal law regarding the distribution, provision, or sale.


(E) Whoever violates this section is guilty of unlawful distribution of an abortion-inducing drug, a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or of section 2919.12, 2919.121, 2919.13, 2919.14, 2919.151, 2919.17, or 2919.18 of the Revised Code, unlawful distribution of an abortion-inducing drug is a felony of the third degree.


If the offender is a professionally licensed person, in addition to any other sanction imposed by law for the offense, the offender is subject to sanctioning as provided by law by the regulatory or licensing board or agency that has the administrative authority to suspend or revoke the offender's professional license, including the sanctioning provided in section 4731.22 of the Revised Code for offenders who have a certificate to practice or certificate of registration issued under that chapter.


(F) As used in this section:


(1) “Federal law” means any law, rule, or regulation of the United States or any drug approval letter of the food and drug administration of the United States that governs or regulates the use of RU-486 (mifepristone) for the purpose of inducing abortions.


(2) “Personal identifying information” has the same meaning as in section 2913.49 of the Revised Code.


(3) “Physician” has the same meaning as in section 2305.113 of the Revised Code.


(4) “Professionally licensed person” has the same meaning as in section 2925.01 of the Revised Code.



CREDIT(S)


(2004 H 126, eff. 9-23-04)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.13


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.13 Abortion manslaughter


(A) No person shall purposely take the life of a child born by attempted abortion who is alive when removed from the uterus of the pregnant woman.


(B) No person who performs an abortion shall fail to take the measures required by the exercise of medical judgment in light of the attending circumstances to preserve the life of a child who is alive when removed from the uterus of the pregnant woman.


(C) Whoever violates this section is guilty of abortion manslaughter, a felony of the first degree.



CREDIT(S)


(1974 H 989, eff. 9-16-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.14


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.14 Abortion trafficking


(A) No person shall experiment upon or sell the product of human conception which is aborted. Experiment does not include autopsies pursuant to sections 313.13 and 2108.50 of the Revised Code.


(B) Whoever violates this section is guilty of abortion trafficking, a misdemeanor of the first degree.



CREDIT(S)


(1974 H 989, eff. 9-16-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.15


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.15 Dilation and extraction procedure--Repealed



CREDIT(S)


(2000 H 351, eff. 8-18-00; 1995 H 135, eff. 11-15-95)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.151


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.151 Partial birth feticide


(A) As used in this section:


(1) “Dilation and evacuation procedure of abortion” does not include the dilation and extraction procedure of abortion.


(2) “From the body of the mother” means that the portion of the fetus' body in question is beyond the mother's vaginal introitus in a vaginal delivery.


(3) “Partial birth procedure” means the medical procedure that includes all of the following elements in sequence:


(a) Intentional dilation of the cervix of a pregnant woman, usually over a sequence of days;


(b) In a breech presentation, intentional extraction of at least the lower torso to the navel, but not the entire body, of an intact fetus from the body of the mother, or in a cephalic presentation, intentional extraction of at least the complete head, but not the entire body, of an intact fetus from the body of the mother;


(c) Intentional partial evacuation of the intracranial contents of the fetus, which procedure the person performing the procedure knows will cause the death of the fetus, intentional compression of the head of the fetus, which procedure the person performing the procedure knows will cause the death of the fetus, or performance of another intentional act that the person performing the procedure knows will cause the death of the fetus;


(d) Completion of the vaginal delivery of the fetus.


(4) “Partially born” means that the portion of the body of an intact fetus described in division (A)(3)(b) of this section has been intentionally extracted from the body of the mother.


(5) “Serious risk of the substantial and irreversible impairment of a major bodily function” means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function.


(6) “Viable” has the same meaning as in section 2901.01 of the Revised Code.


(B) When the fetus that is the subject of the procedure is viable, no person shall knowingly perform a partial birth procedure on a pregnant woman when the procedure is not necessary, in reasonable medical judgment, to preserve the life or health of the mother as a result of the mother's life or health being endangered by a serious risk of the substantial and irreversible impairment of a major bodily function.


(C) When the fetus that is the subject of the procedure is not viable, no person shall knowingly perform a partial birth procedure on a pregnant woman when the procedure is not necessary, in reasonable medical judgment, to preserve the life or health of the mother as a result of the mother's life or health being endangered by a serious risk of the substantial and irreversible impairment of a major bodily function.


(D) Whoever violates division (B) or (C) of this section is guilty of partial birth feticide, a felony of the second degree.


(E) A pregnant woman upon whom a partial birth procedure is performed in violation of division (B) or (C) of this section is not guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission of a violation of those divisions.


(F) This section does not prohibit the suction curettage procedure of abortion, the suction aspiration procedure of abortion, or the dilation and evacuation procedure of abortion.


(G) This section does not apply to any person who performs or attempts to perform a legal abortion if the act that causes the death of the fetus is performed prior to the fetus being partially born even though the death of the fetus occurs after it is partially born.



CREDIT(S)


(2000 H 351, eff. 8-18-00)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.16


Effective: October 20, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.16 Definitions


As used in sections 2919.16 to 2919.18 of the Revised Code:


(A) “Fertilization” means the fusion of a human spermatozoon with a human ovum.


(B) “Gestational age” or “gestation” means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman.


(C) “Health care facility” means a hospital, clinic, ambulatory surgical treatment center, other center, medical school, office of a physician, infirmary, dispensary, medical training institution, or other institution or location in or at which medical care, treatment, or diagnosis is provided to a person.


(D) “Hospital” has the same meanings as in sections 3701.01, 3727.01, and 5122.01 of the Revised Code.


(E) “Live birth” has the same meaning as in division (A) of section 3705.01 of the Revised Code.


(F) “Medical emergency” means a condition that in the physician's good faith medical judgment, based upon the facts known to the physician at that time, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create.


(G) “Physician” has the same meaning as in section 2305.113 of the Revised Code.


(H) “Pregnant” means the human female reproductive condition, that commences with fertilization, of having a developing fetus.


(I) “Pregnancy” means the condition of being pregnant.


(J) “Premature infant” means a human whose live birth occurs prior to thirty-eight weeks of gestational age.


(K) “Serious risk of the substantial and irreversible impairment of a major bodily function” means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function. A medically diagnosed condition that constitutes a “serious risk of the substantial and irreversible impairment of a major bodily function” includes pre-eclampsia, inevitable abortion, and premature rupture of the membranes, may include, but is not limited to, diabetes and multiple sclerosis, and does not include a condition related to the woman's mental health.


(L) “Unborn child” means an individual organism of the species homo sapiens from fertilization until live birth.


(M) “Viable” means the stage of development of a human fetus at which in the determination of a physician, based on the particular facts of a woman's pregnancy that are known to the physician and in light of medical technology and information reasonably available to the physician, there is a realistic possibility of the maintaining and nourishing of a life outside of the womb with or without temporary artificial life-sustaining support.



CREDIT(S)


(2011 H 78, eff. 10-20-11; 2008 H 529, eff. 4-7-09; 2002 S 281, eff. 4-11-03; 1995 H 135, eff. 11-15-95)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.17


Effective: October 20, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.17 Terminating or attempting to terminate a human pregnancy after viability


(A) No person shall purposely perform or induce or attempt to perform or induce an abortion on a pregnant woman when the unborn child is viable.


(B)(1) It is an affirmative defense to a charge under division (A) of this section that the abortion was performed or induced or attempted to be performed or induced by a physician and that the physician determined, in the physician's good faith medical judgment, based on the facts known to the physician at that time, that either of the following applied:


(a) The unborn child was not viable.


(b) The abortion was necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.


(2) No abortion shall be considered necessary under division (B)(1)(b) of this section on the basis of a claim or diagnosis that the pregnant woman will engage in conduct that would result in the pregnant woman's death or a substantial and irreversible impairment of a major bodily function of the pregnant woman or based on any reason related to the woman's mental health.


(C) Except when a medical emergency exists that prevents compliance with section 2919.18 of the Revised Code, the affirmative defense set forth in division (B)(1)(a) of this section does not apply unless the physician who performs or induces or attempts to perform or induce the abortion performs the viability testing required by division (A) of section 2919.18 of the Revised Code and certifies in writing, based on the results of the tests performed, that in the physician's good faith medical judgment the unborn child is not viable.


(D) Except when a medical emergency exists that prevents compliance with one or more of the following conditions, the affirmative defense set forth in division (B)(1)(b) of this section does not apply unless the physician who performs or induces or attempts to perform or induce the abortion complies with all of the following conditions:


(1) The physician who performs or induces or attempts to perform or induce the abortion certifies in writing that, in the physician's good faith medical judgment, based on the facts known to the physician at that time, the abortion is necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.


(2) Another physician who is not professionally related to the physician who intends to perform or induce the abortion certifies in writing that, in that physician's good faith medical judgment, based on the facts known to that physician at that time, the abortion is necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.


(3) The physician performs or induces or attempts to perform or induce the abortion in a hospital or other health care facility that has appropriate neonatal services for premature infants.


(4) The physician who performs or induces or attempts to perform or induce the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based on the facts known to the physician at that time, that the termination of the pregnancy in that manner poses a greater risk of the death of the pregnant woman or a greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion.


(5) The physician certifies in writing the available method or techniques considered and the reasons for choosing the method or technique employed.


(6) The physician who performs or induces or attempts to perform or induce the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced or attempted to be performed or induced at least one other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.


(E) For purposes of this section, there is a rebuttable presumption that an unborn child of at least twenty-four weeks gestational age is viable.


(F) Whoever violates this section is guilty of terminating or attempting to terminate a human pregnancy after viability, a felony of the fourth degree.


(G) The state medical board shall revoke a physician's license to practice medicine in this state if the physician violates this section.


(H) Any physician who performs or induces an abortion or attempts to perform or induce an abortion with actual knowledge that neither of the affirmative defenses set forth in division (B)(1) of this section applies, or with a heedless indifference as to whether either affirmative defense applies, is liable in a civil action for compensatory and exemplary damages and reasonable attorney's fees to any person, or the representative of the estate of any person, who sustains injury, death, or loss to person or property as the result of the performance or inducement or the attempted performance or inducement of the abortion. In any action under this division, the court also may award any injunctive or other equitable relief that the court considers appropriate.


(I) A pregnant woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of division (A) of this section is not guilty of violating division (A) of this section or of attempting to commit, conspiring to commit, or complicity in committing a violation of division (A) of this section.



CREDIT(S)


(2011 H 78, eff. 10-20-11)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.171


Effective: October 20, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.171 Abortion report falsification


(A) A physician who performs or induces or attempts to perform or induce an abortion on a pregnant woman shall submit a report to the department of health in accordance with the forms, rules, and regulations adopted by the department that includes all of the information the physician is required to certify in writing or determine under sections 2919.17 and 2919.18 of the Revised Code:


(B) By September 30 of each year, the department of health shall issue a public report that provides statistics for the previous calendar year compiled from all of the reports covering that calendar year submitted to the department in accordance with this section for each of the items listed in division (A) of this section. The report shall also provide the statistics for each previous calendar year in which a report was filed with the department pursuant to this section, adjusted to reflect any additional information that a physician provides to the department in a late or corrected report. The department shall ensure that none of the information included in the report could reasonably lead to the identification of any pregnant woman upon whom an abortion is performed.


(C)(1) The physician shall submit the report described in division (A) of this section to the department of health within fifteen days after the woman is discharged. If the physician fails to submit the report more than thirty days after that fifteen-day deadline, the physician shall be subject to a late fee of five hundred dollars for each additional thirty-day period or portion of a thirty-day period the report is overdue. A physician who is required to submit to the department of health a report under division (A) of this section and who has not submitted a report or has submitted an incomplete report more than one year following the fifteen-day deadline may, in an action brought by the department of health, be directed by a court of competent jurisdiction to submit a complete report to the department of health within a period of time stated in a court order or be subject to contempt of court.


(2) If a physician fails to comply with the requirements of this section, other than filing a late report with the department of health, or fails to submit a complete report to the department of health in accordance with a court order, the physician is subject to division (B)(41) of section 4731.22 of the Revised Code.


(3) No person shall falsify any report required under this section. Whoever violates this division is guilty of abortion report falsification, a misdemeanor of the first degree.


(D) Within ninety days of the effective date of this section, the department of health shall adopt rules pursuant to section 111.15 of the Revised Code to assist in compliance with this section.



CREDIT(S)


(2011 H 78, eff. 10-20-11)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.18


Effective: October 20, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.18 Failure to perform viability testing


(A) Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the physician determines, in the physician's good faith medical judgment, that the unborn child is not viable, and the physician makes that determination after performing a medical examination of the pregnant woman and after performing or causing to be performed those tests for assessing gestational age, weight, lung maturity, or other tests that the physician, in that physician's good faith medical judgment, believes are necessary to determine whether an unborn child is viable.


(B) Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation without first entering the determination made in division (A) of this section and the associated findings of the medical examination and tests in the medical record of the pregnant woman.


(C) Whoever violates this section is guilty of failure to perform viability testing, a misdemeanor of the fourth degree.


(D) The state medical board shall suspend a physician's license to practice medicine in this state for a period of not less than six months if the physician violates this section.



CREDIT(S)


(2011 H 78, eff. 10-20-11)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.19


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.19 and 2919.20 Hindering examination of state treasury; failure to prefer soldiers for appointments--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12893, 12934)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.20


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Abortion (Refs & Annos)

2919.19 and 2919.20 Hindering examination of state treasury; failure to prefer soldiers for appointments--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12893, 12934)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.21


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Nonsupport; Child Endangering; Related Offenses

2919.21 Nonsupport of dependents; assessment of court costs and attorney fees in some cases


(A) No person shall abandon, or fail to provide adequate support to:


(1) The person's spouse, as required by law;


(2) The person's child who is under age eighteen, or mentally or physically handicapped child who is under age twenty-one;


(3) The person's aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent's own support.


(B) No person shall abandon, or fail to provide support as established by a court order to, another person whom, by court order or decree, the person is legally obligated to support.


(C) No person shall aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming a dependent child, as defined in section 2151.04 of the Revised Code, or a neglected child, as defined in section 2151.03 of the Revised Code.


(D) It is an affirmative defense to a charge of failure to provide adequate support under division (A) of this section or a charge of failure to provide support established by a court order under division (B) of this section that the accused was unable to provide adequate support or the established support but did provide the support that was within the accused's ability and means.


(E) It is an affirmative defense to a charge under division (A)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age eighteen, or was mentally or physically handicapped and under age twenty-one.


(F) It is not a defense to a charge under division (B) of this section that the person whom a court has ordered the accused to support is being adequately supported by someone other than the accused.


(G)(1) Except as otherwise provided in this division, whoever violates division (A) or (B) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A)(2) or (B) of this section or if the offender has failed to provide support under division (A)(2) or (B) of this section for a total accumulated period of twenty-six weeks out of one hundred four consecutive weeks, whether or not the twenty-six weeks were consecutive, then a violation of division (A)(2) or (B) of this section is a felony of the fifth degree. If the offender previously has been convicted of or pleaded guilty to a felony violation of this section, a violation of division (A)(2) or (B) of this section is a felony of the fourth degree.


If the violation of division (A) or (B) of this section is a felony, all of the following apply to the sentencing of the offender:


(a) Except as otherwise provided in division (G)(1)(b) of this section, the court in imposing sentence on the offender shall first consider placing the offender on one or more community control sanctions under section 2929.16, 2929.17, or 2929.18 of the Revised Code, with an emphasis under the sanctions on intervention for nonsupport, obtaining or maintaining employment, or another related condition.


(b) The preference for placement on community control sanctions described in division (G)(1)(a) of this section does not apply to any offender to whom one or more of the following applies:


(i) The court determines that the imposition of a prison term on the offender is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code.


(ii) The offender previously was convicted of or pleaded guilty to a violation of this section that was a felony, and the offender was sentenced to a prison term for that violation.


(iii) The offender previously was convicted of or pleaded guilty to a violation of this section that was a felony, the offender was sentenced to one or more community control sanctions of a type described in division (G)(1)(a) of this section for that violation, and the offender failed to comply with the conditions of any of those community control sanctions.


(2) If the offender is guilty of nonsupport of dependents by reason of failing to provide support to the offender's child as required by a child support order issued on or after April 15, 1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the Revised Code, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney's fees of any adverse party other than the state, as determined by the court, that arose in relation to the charge.


(3) Whoever violates division (C) of this section is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. Each day of violation of division (C) of this section is a separate offense.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1997 H 352, eff. 1-1-98; 1996 S 269, eff. 7-1-96; 1996 H 274, § 4, eff. 8-8-96; 1996 H 274, § 1, eff. 8-8-96; 1995 S 2, eff. 7-1-96; 1986 S 136, eff. 9-24-86; 1985 H 349; 1984 H 614; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.22


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Nonsupport; Child Endangering; Related Offenses

2919.22 Endangering children


(A) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.


(B) No person shall do any of the following to a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age:


(1) Abuse the child;


(2) Torture or cruelly abuse the child;


(3) Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline, or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child;


(4) Repeatedly administer unwarranted disciplinary measures to the child, when there is a substantial risk that such conduct, if continued, will seriously impair or retard the child's mental health or development;


(5) Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter, or is nudity-oriented matter;


(6) Allow the child to be on the same parcel of real property and within one hundred feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within one hundred feet of, any act in violation of section 2925.04 or 2925.041 of the Revised Code when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of section 2925.04 or 2925.041 of the Revised Code that is the basis of the violation of this division.


(C)(1) No person shall operate a vehicle, streetcar, or trackless trolley within this state in violation of division (A) of section 4511.19 of the Revised Code when one or more children under eighteen years of age are in the vehicle, streetcar, or trackless trolley. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of division (A) of section 4511.19 of the Revised Code that constitutes the basis of the charge of the violation of this division. For purposes of sections 4511.191 to 4511.197 of the Revised Code and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.


(2) As used in division (C)(1) of this section:


(a) “Controlled substance” has the same meaning as in section 3719.01 of the Revised Code.


(b) “Vehicle,” “streetcar,” and “trackless trolley” have the same meanings as in section 4511.01 of the Revised Code.


(D)(1) Division (B)(5) of this section does not apply to any material or performance that is produced, presented, or disseminated for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.


(2) Mistake of age is not a defense to a charge under division (B)(5) of this section.


(3) In a prosecution under division (B)(5) of this section, the trier of fact may infer that an actor, model, or participant in the material or performance involved is a juvenile if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the actor, model, or participant as a juvenile.


(4) As used in this division and division (B)(5) of this section:


(a) “Material,” “performance,” “obscene,” and “sexual activity” have the same meanings as in section 2907.01 of the Revised Code.


(b) “Nudity-oriented matter” means any material or performance that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to prurient interest.


(c) “Sexually oriented matter” means any material or performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality.


(E)(1) Whoever violates this section is guilty of endangering children.


(2) If the offender violates division (A) or (B)(1) of this section, endangering children is one of the following, and, in the circumstances described in division (E)(2)(e) of this section, that division applies:


(a) Except as otherwise provided in division (E)(2)(b), (c), or (d) of this section, a misdemeanor of the first degree;


(b) If the offender previously has been convicted of an offense under this section or of any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, except as otherwise provided in division (E)(2)(c) or (d) of this section, a felony of the fourth degree;


(c) If the violation is a violation of division (A) of this section and results in serious physical harm to the child involved, a felony of the third degree;


(d) If the violation is a violation of division (B)(1) of this section and results in serious physical harm to the child involved, a felony of the second degree.


(e) If the violation is a felony violation of division (B)(1) of this section and the offender also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.


(3) If the offender violates division (B)(2), (3), (4), or (6) of this section, except as otherwise provided in this division, endangering children is a felony of the third degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section or of any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, endangering children is a felony of the second degree. If the offender violates division (B)(2), (3), or (4) of this section and the offender also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code. If the offender violates division (B)(6) of this section and the drug involved is methamphetamine, the court shall impose a mandatory prison term on the offender as follows:


(a) If the violation is a violation of division (B)(6) of this section that is a felony of the third degree under division (E)(3) of this section and the drug involved is methamphetamine, except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than two years. If the violation is a violation of division (B)(6) of this section that is a felony of the third degree under division (E)(3) of this section, if the drug involved is methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (B)(6) of this section, a violation of division (A) of section 2925.04 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than five years.


(b) If the violation is a violation of division (B)(6) of this section that is a felony of the second degree under division (E)(3) of this section and the drug involved is methamphetamine, except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than three years. If the violation is a violation of division (B)(6) of this section that is a felony of the second degree under division (E)(3) of this section, if the drug involved is methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (B)(6) of this section, a violation of division (A) of section 2925.04 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than five years.


(4) If the offender violates division (B)(5) of this section, endangering children is a felony of the second degree. If the offender also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.


(5) If the offender violates division (C) of this section, the offender shall be punished as follows:


(a) Except as otherwise provided in division (E)(5)(b) or (c) of this section, endangering children in violation of division (C) of this section is a misdemeanor of the first degree.


(b) If the violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under this section or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, except as otherwise provided in division (E)(5)(c) of this section, endangering children in violation of division (C) of this section is a felony of the fifth degree.


(c) If the violation results in serious physical harm to the child involved and if the offender previously has been convicted of a violation of division (C) of this section, section 2903.06 or 2903.08 of the Revised Code, section 2903.07 of the Revised Code as it existed prior to March 23, 2000, or section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of division (C) of this section is a felony of the fourth degree.


(d) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to division (E)(5)(a), (b), or (c) of this section or pursuant to any other provision of law and in addition to any suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege under Chapter 4506., 4509., 4510., or 4511. of the Revised Code or under any other provision of law, the court also may impose upon the offender a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code.


(e) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction imposed upon the offender pursuant to division (E)(5)(a), (b), (c), or (d) of this section or pursuant to any other provision of law for the violation of division (C) of this section, if as part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of division (A) of section 4511.19 of the Revised Code that was the basis of the charge of the violation of division (C) of this section, the offender also shall be sentenced in accordance with section 4511.19 of the Revised Code for that violation of division (A) of section 4511.19 of the Revised Code.


(F)(1)(a) A court may require an offender to perform not more than two hundred hours of supervised community service work under the authority of an agency, subdivision, or charitable organization. The requirement shall be part of the community control sanction or sentence of the offender, and the court shall impose the community service in accordance with and subject to divisions (F)(1)(a) and (b) of this section. The court may require an offender whom it requires to perform supervised community service work as part of the offender's community control sanction or sentence to pay the court a reasonable fee to cover the costs of the offender's participation in the work, including, but not limited to, the costs of procuring a policy or policies of liability insurance to cover the period during which the offender will perform the work. If the court requires the offender to perform supervised community service work as part of the offender's community control sanction or sentence, the court shall do so in accordance with the following limitations and criteria:


(i) The court shall require that the community service work be performed after completion of the term of imprisonment or jail term imposed upon the offender for the violation of division (C) of this section, if applicable.


(ii) The supervised community service work shall be subject to the limitations set forth in divisions (B)(1), (2), and (3) of section 2951.02 of the Revised Code.


(iii) The community service work shall be supervised in the manner described in division (B)(4) of section 2951.02 of the Revised Code by an official or person with the qualifications described in that division. The official or person periodically shall report in writing to the court concerning the conduct of the offender in performing the work.


(iv) The court shall inform the offender in writing that if the offender does not adequately perform, as determined by the court, all of the required community service work, the court may order that the offender be committed to a jail or workhouse for a period of time that does not exceed the term of imprisonment that the court could have imposed upon the offender for the violation of division (C) of this section, reduced by the total amount of time that the offender actually was imprisoned under the sentence or term that was imposed upon the offender for that violation and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of the Revised Code, and that, if the court orders that the offender be so committed, the court is authorized, but not required, to grant the offender credit upon the period of the commitment for the community service work that the offender adequately performed.


(b) If a court, pursuant to division (F)(1)(a) of this section, orders an offender to perform community service work as part of the offender's community control sanction or sentence and if the offender does not adequately perform all of the required community service work, as determined by the court, the court may order that the offender be committed to a jail or workhouse for a period of time that does not exceed the term of imprisonment that the court could have imposed upon the offender for the violation of division (C) of this section, reduced by the total amount of time that the offender actually was imprisoned under the sentence or term that was imposed upon the offender for that violation and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of the Revised Code. The court may order that a person committed pursuant to this division shall receive hour-for-hour credit upon the period of the commitment for the community service work that the offender adequately performed. No commitment pursuant to this division shall exceed the period of the term of imprisonment that the sentencing court could have imposed upon the offender for the violation of division (C) of this section, reduced by the total amount of time that the offender actually was imprisoned under that sentence or term and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of the Revised Code.


(2) Division (F)(1) of this section does not limit or affect the authority of the court to suspend the sentence imposed upon a misdemeanor offender and place the offender under a community control sanction pursuant to section 2929.25 of the Revised Code, to require a misdemeanor or felony offender to perform supervised community service work in accordance with division (B) of section 2951.02 of the Revised Code, or to place a felony offender under a community control sanction.


(G)(1) If a court suspends an offender's driver's or commercial driver's license or permit or nonresident operating privilege under division (E)(5)(d) of this section, the period of the suspension shall be consecutive to, and commence after, the period of suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege that is imposed under Chapter 4506., 4509., 4510., or 4511. of the Revised Code or under any other provision of law in relation to the violation of division (C) of this section that is the basis of the suspension under division (E)(5)(d) of this section or in relation to the violation of division (A) of section 4511.19 of the Revised Code that is the basis for that violation of division (C) of this section.


(2) An offender is not entitled to request, and the court shall not grant to the offender, limited driving privileges if the offender's license, permit, or privilege has been suspended under division (E)(5)(d) of this section and the offender, within the preceding six years, has been convicted of or pleaded guilty to three or more violations of one or more of the following:


(a) Division (C) of this section;


(b) Any equivalent offense, as defined in section 4511.181 of the Revised Code.


(H)(1) If a person violates division (C) of this section and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of division (C) of this section for each of the children, but the court may sentence the offender for only one of the violations.


(2)(a) If a person is convicted of or pleads guilty to a violation of division (C) of this section but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of division (A) of section 4511.19 of the Revised Code that was the basis of the charge of the violation of division (C) of this section, both of the following apply:


(i) For purposes of the provisions of section 4511.19 of the Revised Code that set forth the penalties and sanctions for a violation of division (A) of section 4511.19 of the Revised Code, the conviction of or plea of guilty to the violation of division (C) of this section shall not constitute a violation of division (A) of section 4511.19 of the Revised Code;


(ii) For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of division (A) of section 4511.19 of the Revised Code and that is not described in division (H)(2)(a)(i) of this section, the conviction of or plea of guilty to the violation of division (C) of this section shall constitute a conviction of or plea of guilty to a violation of division (A) of section 4511.19 of the Revised Code.


(b) If a person is convicted of or pleads guilty to a violation of division (C) of this section and the person also is convicted of or pleads guilty to a separate charge charging the violation of division (A) of section 4511.19 of the Revised Code that was the basis of the charge of the violation of division (C) of this section, the conviction of or plea of guilty to the violation of division (C) of this section shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of division (A) of section 4511.19 of the Revised Code, a conviction of or plea of guilty to a violation of division (A) of section 4511.19 of the Revised Code.


(I) As used in this section:


(1) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code;


(2) “Limited driving privileges” has the same meaning as in section 4501.01 of the Revised Code;


(3) “Methamphetamine” has the same meaning as in section 2925.01 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2008 H 280, eff. 4-7-09; 2006 S 8, eff. 8-17-06; 2006 S 53, eff. 5-17-06; 2004 S 58, eff. 8-11-04; 2002 H 490, eff. 1-1-04; 2002 S 123, eff. 1-1-04; 2000 S 180, eff. 3-22-01; 1999 S 107, eff. 3-23-00; 1999 H 162, eff. 8-25-99; 1997 S 60, eff. 10-21-97; 1996 S 269, § 8, eff. 5-15-97; 1996 S 269, § 1, eff. 7-1-96; 1996 H 353, § 4, eff. 5-15-97; 1996 H 353, § 1, eff. 9-17-96; 1995 H 167, eff. 5-15-97; 1995 S 2, eff. 7-1-96; 1994 H 236, eff. 9-29-94; 1988 H 51, eff. 3-17-89; 1985 H 349; 1984 S 321, H 44; 1977 S 243; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.222


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Nonsupport; Child Endangering; Related Offenses

2919.222 Parental education neglect


No person required to attend a parental education or training program pursuant to a policy adopted under division (A) or (B) of section 3313.663 of the Revised Code shall fail to attend the program. Whoever violates this section is guilty of parental education neglect, a misdemeanor of the fourth degree.



CREDIT(S)


(1996 H 601, eff. 10-29-96)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.223


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Misrepresentation and Nondisclosure by Childcare Provider

2919.223 Definitions


As used in sections 2919.223 to 2919.227 of the Revised Code:


(A) “Child care,” “child day-care center,” “in-home aide,” “type A family day-care home,” and “type B family day-care home” have the same meanings as in section 5104.01 of the Revised Code.


(B) “Child care center licensee” means the owner of a child day-care center licensed pursuant to Chapter 5104. of the Revised Code who is responsible for ensuring the center's compliance with Chapter 5104. of the Revised Code and rules adopted pursuant to that chapter.


(C) “Child care facility” means a child day-care center, a type A family day-care home, or a type B family day-care home.


(D) “Child care provider” means any of the following:


(1) An owner, provider, administrator, or employee of, or volunteer at, a child care facility;


(2) An in-home aide;


(3) A person who represents that the person provides child care.


(E) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code.



CREDIT(S)


(2004 H 11, eff. 5-18-05)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.224


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Misrepresentation and Nondisclosure by Childcare Provider

2919.224 Misrepresentation by child care provider


(A) No child care provider shall knowingly misrepresent any factor or condition that relates to the provision of child care and that substantially affects the health or safety of any child or children in that provider's facility or receiving child care from that provider to any of the following:


(1) A parent, guardian, custodian, or other person responsible for the care of a child in the provider's facility or receiving child care from the provider;


(2) A parent, guardian, custodian, or other person responsible for the care of a child who is considering the provider as a child care provider for the child;


(3) A public official responsible for issuing the provider a license or certificate to provide child care;


(4) A public official investigating or inquiring about the provision of child care by the provider;


(5) A peace officer.


(B) For the purposes of this section, “any factor or condition that relates to the provision of child care” includes, but is not limited to, the following:


(1) The person or persons who will provide child care to the child of the parent, guardian, custodian, or other person responsible for the care of the child, or to the children in general;


(2) The qualifications to provide child care of the child care provider, of a person employed by the provider, or of a person who provides child care as a volunteer;


(3) The number of children to whom child care is provided at one time or the number of children receiving child care in the child care facility at one time;


(4) The conditions or safety features of the child care facility;


(5) The area of the child care facility in which child day-care is provided.


(C) Whoever violates division (A) of this section is guilty of misrepresentation by a child care provider, a misdemeanor of the first degree.



CREDIT(S)


(2004 H 11, eff. 5-18-05)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.225


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Misrepresentation and Nondisclosure by Childcare Provider

2919.225 Failure of certain family day-care homes to disclose death or serious injury of child


(A) Subject to division (C) of this section, no owner, provider, or administrator of a type A family day-care home or type B family day-care home, knowing that the event described in division (A)(1) or (2) of this section has occurred, shall accept a child into that home without first disclosing to the parent, guardian, custodian, or other person responsible for the care of that child any of the following that has occurred:


(1) A child died while under the care of the home or while receiving child care from the owner, provider, or administrator or died as a result of injuries suffered while under the care of the home or while receiving child care from the owner, provider, or administrator.


(2) Within the preceding ten years, a child suffered injuries while under the care of the home or while receiving child care from the owner, provider, or administrator, and those injuries led to the child being hospitalized for more than twenty-four hours.


(B)(1) Subject to division (C) of this section, no owner, provider, or administrator of a type A family day-care home or type B family day-care home shall fail to provide notice in accordance with division (B)(3) of this section to the persons and entities specified in division (B)(2) of this section, of any of the following that occurs:


(a) A child who is under the care of the home or is receiving child care from the owner, provider, or administrator dies while under the care of the home or while receiving child care from the owner, provider, or administrator or dies as a result of injuries suffered while under the care of the home or while receiving child day-care from the owner, provider, or administrator.


(b) A child who is under the care of the home or is receiving child care from the owner, provider, or administrator is hospitalized for more than twenty-four hours as a result of injuries suffered while under the care of the home or while receiving child care from the owner, provider, or administrator.


(2) An owner, provider, or administrator of a home shall provide the notices required under division (B)(1) of this section to each of the following:


(a) For each child who, at the time of the injury or death for which the notice is required, is receiving or is enrolled to receive child care at the home or from the owner, provider, or administrator, to the parent, guardian, custodian, or other person responsible for the care of the child;


(b) If the notice is required as the result of the death of a child as described in division (B)(1)(a) of this section, to the public children services agency of the county in which the home is located or the child care was given, a municipal or county peace officer in the county in which the child resides or in which the home is located or the child care was given, and the child fatality review board appointed under section 307.621 of the Revised Code that serves the county in which the home is located or the child care was given.


(3) An owner, provider, or administrator of a home shall provide the notices required by divisions (B)(1) and (2) of this section not later than forty-eight hours after the child dies or, regarding a child who is hospitalized for more than twenty-four hours as a result of injuries suffered while under the care of the home, not later than forty-eight hours after the child suffers the injuries. If a child is hospitalized for more than twenty-four hours as a result of injuries suffered while under the care of the home, and the child subsequently dies as a result of those injuries, the owner, provider, or administrator shall provide separate notices under divisions (B)(1) and (2) of this section regarding both the injuries and the death. All notices provided under divisions (B)(1) and (2) of this section shall state that the death or injury occurred.


(C) Division (A) of this section does not require more than one person to make disclosures to the same parent, guardian, custodian, or other person responsible for the care of a child regarding any single injury or death for which disclosure is required under that division. Division (B) of this section does not require more than one person to give notices to the same parent, guardian, custodian, other person responsible for the care of the child, public children services agency, peace officer, or child fatality review board regarding any single injury or death for which disclosure is required under division (B)(1) of this section.


(D) An owner, provider, or administrator of a type A family day-care home or type B family day-care home is not subject to civil liability solely for making a disclosure required by this section.


(E) Whoever violates division (A) or (B) of this section is guilty of failure of a type A or type B family day-care home to disclose the death or serious injury of a child, a misdemeanor of the fourth degree.



CREDIT(S)


(2004 H 11, eff. 5-18-05)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.226


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Misrepresentation and Nondisclosure by Childcare Provider

2919.226 Providers not subject to prosecution relating to disclosure form; content of form


(A) If a child care provider accurately answers the questions on a child care disclosure form that is in substantially the form set forth in division (B) of this section, presents the form to a person identified in division (A)(1) or (2) of section 2919.224 of the Revised Code, and obtains the person's signature on the acknowledgement in the form, to the extent that the information set forth on the form is accurate, the provider who presents the form is not subject to prosecution under division (A) of section 2919.224 of the Revised Code regarding presentation of that information to that person.


An owner, provider, or administrator of a type A family day-care home or a type B family day-care home may comply with division (A) of section 2919.225 of the Revised Code by accurately answering the questions on a child care disclosure form that is in substantially the form set forth in division (B) of this section, providing a copy of the form to the parent, guardian, custodian, or other person responsible for the care of a child and to whom disclosure is to be made under division (A) of section 2919.225 of the Revised Code, and obtaining the person's signature on the acknowledgement in the form.


The use of the form set forth in division (B) of this section is discretionary and is not required to comply with any disclosure requirement contained in section 2919.225 of the Revised Code or for any purpose related to section 2919.224 of the Revised Code.


(B) To be sufficient for the purposes described in division (A) of this section, a child care disclosure form shall be in substantially the following form:


“CHILD CARE DISCLOSURE FORM


Please Note: This form contains information that is accurate only at the time the form is given to you. The information provided in this form is likely to change over time. It is the duty of the person responsible for the care of the child to monitor the status of child care services to ensure that those services remain satisfactory. If a question on this form is left unanswered, the child care provider makes no assertion regarding the question. Choosing appropriate child care for a child is a serious responsibility, and the person responsible for the care of the child is encouraged to make all appropriate inquiries. Also, in acknowledging receipt of this form, the person responsible for the care of the child acknowledges that in selecting the child care provider the person is not relying on any representations other than those provided in this form unless the child care provider has acknowledged the other representations in writing.


1. What are the names and qualifications to provide child care of: (a) the child care provider, (b) the employee who will provide child care to the applicant child, (c) the volunteer who will provide child care to the applicant child, and (d) any other employees or volunteers of the child care provider? (attach additional sheets if necessary):


...........................

...........................

...........................

2. What is the maximum number of children to whom you provide child care at one time? (If children are divided into groups or classes, please describe the maximum number of children in each group or class and indicate the group or class in which the applicant child will be placed.):


...........................

...........................

...........................

3. Where in the home will you provide child care to the applicant child?:


...........................

...........................

...........................

4. Has a child died while in the care of, or receiving child care from, the child care provider? (Yes/

 
No)

Description/

 
explanation (attach additional sheets if necessary)
...........................

...........................

...........................

5. Has a child died as a result of injuries suffered while under the care of, or receiving child care from, the child day-care provider? (Yes/

 
No)

Description/

 
explanation (attach additional sheets if necessary)
...........................

...........................

...........................

6. Within the preceding ten years, has a child suffered injuries while under the care of, or receiving child care from, the child care provider that led to the child being hospitalized for more than 24 hours? (Yes/

 
No)

Description/

 
explanation (attach additional sheets if necessary)
...........................

...........................

...........................

Signature of person completing form
Date

Name of person completing form

(Typed or printed)

Title of person completing form

(Typed or printed)

Acknowledgement:


I hereby acknowledge that I have been given a copy of the preceding document and have read and understood its contents. I further acknowledge that I am not relying on any other representations in selecting the child care provider unless the child care provider has acknowledged the other representations in writing.


Person receiving the form

Date

(C) If a child care provider accurately answers the questions on a disclosure form that is substantially similar to the form described in division (B) of this section, presents the form to a person identified in division (A)(1) or (2) of section 2919.224 of the Revised Code, and obtains the person's signature on the acknowledgement in the form, to the extent that the information set forth on the form is accurate, the form is sufficient for the purposes described in division (A) of this section.


An owner, provider, or administrator of a type A family day-care home or a type B family day-care home who accurately answers the questions on a disclosure form that is substantially similar to the form described in division (B) of this section, provides a copy of the completed form to the parent, guardian, custodian, or other person who is responsible for the care of a child and to whom disclosure is to be made under division (A) of section 2919.225 of the Revised Code, and obtains the person's signature on the acknowledgement in the form complies with the requirements of that division. If the owner, provider, or administrator uses the disclosure form, leaving a portion of the disclosure form blank does not constitute a misrepresentation for the purposes of section 2919.224 of the Revised Code but may constitute a violation of section 2919.225 of the Revised Code. The owner, provider, or administrator of a type A family day-care home or type B family day-care home who completes the disclosure form and provides a copy of the form to any person described in section 2919.224 or 2919.225 of the Revised Code may retain a copy of the completed form.



CREDIT(S)


(2004 H 11, eff. 5-18-05)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.227


Effective:[See Text Amendments] to December 31, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Misrepresentation and Nondisclosure by Childcare Provider

2919.227 Failure of child care center to disclose death or serious injury of child


<Note: See also version(s) of this section with later effective date(s).>


(A)(1) No child care center licensee shall accept a child into that center without first providing to the parent, guardian, custodian, or other person responsible for the care of that child the following information, if the parent, guardian, custodian, or other person responsible for the care of the child requests the information:


(a) The types of injuries to children, as reported in accordance with rules adopted under section 5104.011 of the Revised Code, that occurred at the center on or after April 1, 2003, or the date that is two years before the date the information is requested, whichever date is more recent;


(b) The number of each type of injury to children that occurred at the center during that period.


(2) If a death described in division (A)(2)(a) or (A)(2)(b) of this section occurred during the fifteen-year period immediately preceding the date that the parent, guardian, custodian, or other person responsible for the care of a child seeks to enroll that child, no child care center licensee shall accept that child into that center without first providing to the parent, guardian, custodian, or other person responsible for the care of that child a notice that states that the death occurred.


(a) A child died while under the care of the center or while receiving child care from the owner, provider, or administrator of the center;


(b) A child died as a result of injuries suffered while under the care of the center or while receiving child care from the owner, provider, or administrator of the center.


(3) Each child care center licensee shall keep on file at the center a copy of the information provided under this division for at least three years after providing the information.


(B)(1) No child care center licensee shall fail to provide notice in accordance with division (B)(3) of this section to the persons and entities specified in division (B)(2) of this section if a child who is under the care of the center or is receiving child care from the owner, provider, or administrator of the center dies while under the care of the center or while receiving child care from the owner, provider, or administrator or dies as a result of injuries suffered while under the care of the center or while receiving child care from the owner, provider, or administrator.


(2) A child care center licensee shall provide the notice required under division (B)(1) of this section to all of the following:


(a) The parent, guardian, custodian, or other person responsible for the care of each child who, at the time of the death for which notice is required, is receiving or is enrolled to receive child care from the center;


(b) The public children services agency of the county in which the center is located or the child care was given;


(c) A municipal or county peace officer in the county in which the child resides or in which the center is located or the child care was given;


(d) The child fatality review board appointed under section 307.621 of the Revised Code that serves the county in which the center is located or the child care was given.


(3) A child care center licensee shall provide the notice required by division (B)(1) of this section not later than forty-eight hours after the child dies. The notice shall state that the death occurred.


(C) Whoever violates division (A) or (B) of this section is guilty of failure of a child care center to disclose the death or serious injury of a child, a misdemeanor of the fourth degree.



CREDIT(S)


(2004 H 11, eff. 5-18-05)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.227


Effective: January 1, 2014


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Misrepresentation and Nondisclosure by Childcare Provider

2919.227 Failure of child care center to disclose death or serious injury of child


<Note: See also version(s) of this section with earlier effective date(s).>


(A)(1) No child care center licensee shall accept a child into that center without first providing to the parent, guardian, custodian, or other person responsible for the care of that child the following information, if the parent, guardian, custodian, or other person responsible for the care of the child requests the information:


(a) The types of injuries to children, as reported in accordance with rules adopted under section 5104.015 of the Revised Code, that occurred at the center on or after April 1, 2003, or the date that is two years before the date the information is requested, whichever date is more recent;


(b) The number of each type of injury to children that occurred at the center during that period.


(2) If a death described in division (A)(2)(a) or (A)(2)(b) of this section occurred during the fifteen-year period immediately preceding the date that the parent, guardian, custodian, or other person responsible for the care of a child seeks to enroll that child, no child care center licensee shall accept that child into that center without first providing to the parent, guardian, custodian, or other person responsible for the care of that child a notice that states that the death occurred.


(a) A child died while under the care of the center or while receiving child care from the owner, provider, or administrator of the center;


(b) A child died as a result of injuries suffered while under the care of the center or while receiving child care from the owner, provider, or administrator of the center.


(3) Each child care center licensee shall keep on file at the center a copy of the information provided under this division for at least three years after providing the information.


(B)(1) No child care center licensee shall fail to provide notice in accordance with division (B)(3) of this section to the persons and entities specified in division (B)(2) of this section if a child who is under the care of the center or is receiving child care from the owner, provider, or administrator of the center dies while under the care of the center or while receiving child care from the owner, provider, or administrator or dies as a result of injuries suffered while under the care of the center or while receiving child care from the owner, provider, or administrator.


(2) A child care center licensee shall provide the notice required under division (B)(1) of this section to all of the following:


(a) The parent, guardian, custodian, or other person responsible for the care of each child who, at the time of the death for which notice is required, is receiving or is enrolled to receive child care from the center;


(b) The public children services agency of the county in which the center is located or the child care was given;


(c) A municipal or county peace officer in the county in which the child resides or in which the center is located or the child care was given;


(d) The child fatality review board appointed under section 307.621 of the Revised Code that serves the county in which the center is located or the child care was given.


(3) A child care center licensee shall provide the notice required by division (B)(1) of this section not later than forty-eight hours after the child dies. The notice shall state that the death occurred.


(C) Whoever violates division (A) or (B) of this section is guilty of failure of a child care center to disclose the death or serious injury of a child, a misdemeanor of the fourth degree.



CREDIT(S)


(2012 S 316, § 120.01, eff. 1-1-14; 2004 H 11, eff. 5-18-05)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.23


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Misrepresentation and Nondisclosure by Childcare Provider

2919.23 Interference with custody


(A) No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a person identified in division (A)(1), (2), or (3) of this section from the parent, guardian, or custodian of the person identified in division (A)(1), (2), or (3) of this section:


(1) A child under the age of eighteen, or a mentally or physically handicapped child under the age of twenty-one;


(2) A person committed by law to an institution for delinquent, unruly, neglected, abused, or dependent children;


(3) A person committed by law to an institution for the mentally ill or mentally retarded.


(B) No person shall aid, abet, induce, cause, or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department, or institution without legal consent.


(C) It is an affirmative defense to a charge of enticing or taking under division (A)(1) of this section, that the actor reasonably believed that the actor's conduct was necessary to preserve the child's health or safety. It is an affirmative defense to a charge of keeping or harboring under division (A) of this section, that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under the actor's shelter, protection, or influence.


(D)(1) Whoever violates this section is guilty of interference with custody.


(2) Except as otherwise provided in this division, a violation of division (A)(1) of this section is a misdemeanor of the first degree. If the child who is the subject of a violation of division (A)(1) of this section is removed from the state or if the offender previously has been convicted of an offense under this section, a violation of division (A)(1) of this section is a felony of the fifth degree. If the child who is the subject of a violation of division (A)(1) of this section suffers physical harm as a result of the violation, a violation of division (A)(1) of this section is a felony of the fourth degree.


(3) A violation of division (A)(2) or (3) of this section is a misdemeanor of the third degree.


(4) A violation of division (B) of this section is a misdemeanor of the first degree. Each day of violation of division (B) of this section is a separate offense.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1990 S 3, eff. 4-11-91; 1985 H 349; 1975 H 85; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.231


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Misrepresentation and Nondisclosure by Childcare Provider

2919.231 Interfering with action to issue or modify support order


(A) No person, by using physical harassment or threats of violence against another person, shall interfere with the other person's initiation or continuance of, or attempt to prevent the other person from initiating or continuing, an action to issue or modify a support order under Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 2151.33, 2151.36, 2151.361, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code.


(B) Whoever violates this section is guilty of interfering with an action to issue or modify a support order, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or of section 3111.19 of the Revised Code, interfering with an action to issue or modify a support order is a felony of the fifth degree.



CREDIT(S)


(2001 S 27, eff. 3-15-02; 2000 S 180, eff. 3-22-01; 1997 H 352, eff. 1-1-98; 1996 S 269, eff. 7-1-96; 1996 H 274, eff. 8-8-96; 1995 H 167, eff. 11-15-95; 1992 S 10, eff. 7-15-92)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.24


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Misrepresentation and Nondisclosure by Childcare Provider

2919.24 Contributing to unruliness or delinquency


(A) No person, including a parent, guardian, or other custodian of a child, shall do any of the following:


(1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child, as defined in section 2151.022 of the Revised Code, or a delinquent child, as defined in section 2152.02 of the Revised Code;


(2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child, as defined in section 2151.022 of the Revised Code, or a delinquent child, as defined in section 2152.02 of the Revised Code;


(3) If the person is the parent, guardian, or custodian of a child who has the duties under Chapters 2152. and 2950. of the Revised Code to register, register a new residence address, and periodically verify a residence address, and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in section 2919.121 of the Revised Code, fail to ensure that the child complies with those duties under Chapters 2152. and 2950. of the Revised Code.


(B) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense.



CREDIT(S)


(2003 S 5, eff. 7-31-03; 2001 S 3, eff. 1-1-02; 2000 S 179, § 3, eff. 1-1-02; 1985 H 349, eff. 3-6-86)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.25


Effective: September 17, 2010


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Domestic Violence

2919.25 Domestic violence


(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.


(B) No person shall recklessly cause serious physical harm to a family or household member.


(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.


(D)(1) Whoever violates this section is guilty of domestic violence, and the court shall sentence the offender as provided in divisions (D)(2) to (6) of this section.


(2) Except as otherwise provided in divisions (D)(3) to (5) of this section, a violation of division (C) of this section is a misdemeanor of the fourth degree, and a violation of division (A) or (B) of this section is a misdemeanor of the first degree.


(3) Except as otherwise provided in division (D)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of section 2903.14, 2909.06, 2909.07, 2911. 12, 2911.211, or 2919.22 of the Revised Code if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of division (A) or (B) of this section is a felony of the fourth degree, and, if the offender knew that the victim of the violation was pregnant at the time of the violation, the court shall impose a mandatory prison term on the offender pursuant to division (D)(6) of this section, and a violation of division (C) of this section is a misdemeanor of the second degree.


(4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in division (D)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of division (A) or (B) of this section is a felony of the third degree, and, if the offender knew that the victim of the violation was pregnant at the time of the violation, the court shall impose a mandatory prison term on the offender pursuant to division (D)(6) of this section, and a violation of division (C) of this section is a misdemeanor of the first degree.


(5) Except as otherwise provided in division (D)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of division (A) or (B) of this section is a felony of the fifth degree, and the court shall impose a mandatory prison term on the offender pursuant to division (D)(6) of this section, and a violation of division (C) of this section is a misdemeanor of the third degree.


(6) If division (D)(3), (4), or (5) of this section requires the court that sentences an offender for a violation of division (A) or (B) of this section to impose a mandatory prison term on the offender pursuant to this division, the court shall impose the mandatory prison term as follows:


(a) If the violation of division (A) or (B) of this section is a felony of the fourth or fifth degree, except as otherwise provided in division (D)(6)(b) or (c) of this section, the court shall impose a mandatory prison term on the offender of at least six months.


(b) If the violation of division (A) or (B) of this section is a felony of the fifth degree and the offender, in committing the violation, caused serious physical harm to the pregnant woman's unborn or caused the termination of the pregnant woman's pregnancy, the court shall impose a mandatory prison term on the offender of twelve months.


(c) If the violation of division (A) or (B) of this section is a felony of the fourth degree and the offender, in committing the violation, caused serious physical harm to the pregnant woman's unborn or caused the termination of the pregnant woman's pregnancy, the court shall impose a mandatory prison term on the offender of at least twelve months.


(d) If the violation of division (A) or (B) of this section is a felony of the third degree, except as otherwise provided in division (D)(6)(e) of this section and notwithstanding the range of prison terms prescribed in section 2929.14 of the Revised Code for a felony of the third degree, the court shall impose a mandatory prison term on the offender of either a definite term of six months or one of the prison terms prescribed in section 2929.14 of the Revised Code for felonies of the third degree.


(e) If the violation of division (A) or (B) of this section is a felony of the third degree and the offender, in committing the violation, caused serious physical harm to the pregnant woman's unborn or caused the termination of the pregnant woman's pregnancy, notwithstanding the range of prison terms prescribed in section 2929.14 of the Revised Code for a felony of the third degree, the court shall impose a mandatory prison term on the offender of either a definite term of one year or one of the prison terms prescribed in section 2929.14 of the Revised Code for felonies of the third degree.


(E) Notwithstanding any provision of law to the contrary, no court or unit of state or local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or a municipal ordinance substantially similar to this section or in connection with the prosecution of any charges so filed.


(F) As used in this section and sections 2919.251 and 2919.26 of the Revised Code:


(1) “Family or household member” means any of the following:


(a) Any of the following who is residing or has resided with the offender:


(i) A spouse, a person living as a spouse, or a former spouse of the offender;


(ii) A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;


(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.


(b) The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.


(2) “Person living as a spouse” means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.


(3) “Pregnant woman's unborn” has the same meaning as “such other person's unborn,” as set forth in section 2903.09 of the Revised Code, as it relates to the pregnant woman. Division (C) of that section applies regarding the use of the term in this section, except that the second and third sentences of division (C)(1) of that section shall be construed for purposes of this section as if they included a reference to this section in the listing of Revised Code sections they contain.


(4) “Termination of the pregnant woman's pregnancy” has the same meaning as “unlawful termination of another's pregnancy,” as set forth in section 2903.09 of the Revised Code, as it relates to the pregnant woman. Division (C) of that section applies regarding the use of the term in this section, except that the second and third sentences of division (C)(1) of that section shall be construed for purposes of this section as if they included a reference to this section in the listing of Revised Code sections they contain.



CREDIT(S)


(2010 S 58, eff. 9-17-10; 2010 H 10, eff. 6-17-10; 2008 H 280, eff. 4-7-09; 2003 S 50, eff. 1-8-04; 2002 H 548, eff. 3-31-03; 2002 H 327, eff. 7-8-02; 1997 H 238, eff. 11-5-97; 1997 S 1, eff. 10-21-97; 1995 S 2, eff. 7-1-96; 1994 H 335, eff. 12-9-94; 1992 H 536, eff. 11-5-92; 1990 S 3; 1988 H 172; 1987 S 6; 1984 H 587; 1980 H 920; 1978 H 835)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.251


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Domestic Violence

2919.251 Factors to be considered when setting bail; bail schedule; appearance by video conferencing equipment


(A) Subject to division (D) of this section, a person who is charged with the commission of any offense of violence shall appear before the court for the setting of bail if the alleged victim of the offense charged was a family or household member at the time of the offense and if any of the following applies:


(1) The person charged, at the time of the alleged offense, was subject to the terms of a protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code or previously was convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a violation of section 2919.27 of the Revised Code involving a protection order or consent agreement of that type, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to either section, a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the Revised Code if the victim of the violation was a family or household member at the time of the violation a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the offense;


(2) The arresting officer indicates in a police report or other document accompanying the complaint any of the following:


(a) That the arresting officer observed on the alleged victim objective manifestations of physical harm that the arresting officer reasonably believes are a result of the alleged offense;


(b) That the arresting officer reasonably believes that the person had on the person's person at the time of the alleged offense a deadly weapon or dangerous ordnance;


(c) That the arresting officer reasonably believes that the person presents a credible threat of serious physical harm to the alleged victim or to any other person if released on bail before trial.


(B) To the extent that information about any of the following is available to the court, the court shall consider all of the following, in addition to any other circumstances considered by the court and notwithstanding any provisions to the contrary contained in Criminal Rule 46, before setting bail for a person who appears before the court pursuant to division (A) of this section:


(1) Whether the person has a history of domestic violence or a history of other violent acts;


(2) The mental health of the person;


(3) Whether the person has a history of violating the orders of any court or governmental entity;


(4) Whether the person is potentially a threat to any other person;


(5) Whether the person has access to deadly weapons or a history of using deadly weapons;


(6) Whether the person has a history of abusing alcohol or any controlled substance;


(7) The severity of the alleged violence that is the basis of the offense, including but not limited to, the duration of the alleged violent incident, and whether the alleged violent incident involved serious physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;


(8) Whether a separation of the person from the alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;


(9) Whether the person has exhibited obsessive or controlling behaviors toward the alleged victim, including but not limited to, stalking, surveillance, or isolation of the alleged victim;


(10) Whether the person has expressed suicidal or homicidal ideations;


(11) Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.


(C) Any court that has jurisdiction over charges alleging the commission of an offense of violence in circumstances in which the alleged victim of the offense was a family or household member at the time of the offense may set a schedule for bail to be used in cases involving those offenses. The schedule shall require that a judge consider all of the factors listed in division (B) of this section and may require judges to set bail at a certain level if the history of the alleged offender or the circumstances of the alleged offense meet certain criteria in the schedule.


(D)(1) Upon the court's own motion or the motion of a party and upon any terms that the court may direct, a court may permit a person who is required to appear before it by division (A) of this section to appear by video conferencing equipment.


(2) If in the opinion of the court the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court by division (A) of this section is not practicable, the court may waive the appearance and release the person on bail in accordance with the court's schedule for bail set under division (C) of this section or, if the court has not set a schedule for bail under that division, on one or both of the following types of bail in an amount set by the court:


(a) A bail bond secured by a deposit of ten per cent of the amount of the bond in cash;


(b) A surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the person.


(3) Division (A) of this section does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with an offense of violence who is not described in that division from appearing before the court for the setting of bail.


(E) As used in this section:


(1) “Controlled substance” has the same meaning as in section 3719.01 of the Revised Code.


(2) “Dangerous ordnance” and “deadly weapon” have the same meanings as in section 2923.11 of the Revised Code.



CREDIT(S)


(2005 H 29, eff. 8-26-05; 2003 S 50, eff. 1-8-04; 1995 S 2, eff. 7-1-96; 1992 H 536, eff. 11-5-92; 1990 S 3; 1985 H 475)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.26


Effective: September 8, 2010


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Domestic Violence

2919.26 Temporary protection orders


(A)(1) Upon the filing of a complaint that alleges a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the Revised Code if the alleged victim of the violation was a family or household member at the time of the violation, a violation of a municipal ordinance that is substantially similar to any of those sections if the alleged victim of the violation was a family or household member at the time of the violation, any offense of violence if the alleged victim of the offense was a family or household member at the time of the commission of the offense, or any sexually oriented offense if the alleged victim of the offense was a family or household member at the time of the commission of the offense, the complainant, the alleged victim, or a family or household member of an alleged victim may file, or, if in an emergency the alleged victim is unable to file, a person who made an arrest for the alleged violation or offense under section 2935.03 of the Revised Code may file on behalf of the alleged victim, a motion that requests the issuance of a temporary protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Criminal Rule 46. The motion shall be filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint.


(2) For purposes of section 2930.09 of the Revised Code, all stages of a proceeding arising out of a complaint alleging the commission of a violation, offense of violence, or sexually oriented offense described in division (A)(1) of this section, including all proceedings on a motion for a temporary protection order, are critical stages of the case, and a victim may be accompanied by a victim advocate or another person to provide support to the victim as provided in that section.


(B) The motion shall be prepared on a form that is provided by the clerk of the court, which form shall be substantially as follows:


“MOTION FOR TEMPORARY PROTECTION ORDER


............................ Court


Name and address of court


State of Ohio

v.

No.

Name of Defendant

(name of person), moves the court to issue a temporary protection order containing terms designed to ensure the safety and protection of the complainant, alleged victim, and other family or household members, in relation to the named defendant, pursuant to its authority to issue such an order under section 2919.26 of the Revised Code.


A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with .......................... (name of the specified violation, the offense of violence, or sexually oriented offense charged) in circumstances in which the victim was a family or household member in violation of (section of the Revised Code designating the specified violation, offense of violence, or sexually oriented offense charged), or charging the named defendant with a violation of a municipal ordinance that is substantially similar to .......................... (section of the Revised Code designating the specified violation, offense of violence, or sexually oriented offense charged) involving a family or household member.


I understand that I must appear before the court, at a time set by the court within twenty-four hours after the filing of this motion, for a hearing on the motion or that, if I am unable to appear because of hospitalization or a medical condition resulting from the offense alleged in the complaint, a person who can provide information about my need for a temporary protection order must appear before the court in lieu of my appearing in court. I understand that any temporary protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint, or the issuance of a civil protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint, under section 3113.31 of the Revised Code.


..........................................


Signature of person


(or signature of the arresting officer who filed the motion on behalf of the alleged victim)


..........................................


Address of person (or office address of the arresting officer who filed the motion on behalf of the alleged victim)”


(C)(1) As soon as possible after the filing of a motion that requests the issuance of a temporary protection order, but not later than twenty-four hours after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The person who requested the order shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the person who requested the order is unable to appear and if the court finds that the failure to appear is because of the person's hospitalization or medical condition resulting from the offense alleged in the complaint, another person who is able to provide the court with the information it requests may appear in lieu of the person who requested the order. If the court finds that the safety and protection of the complainant, alleged victim, or any other family or household member of the alleged victim may be impaired by the continued presence of the alleged offender, the court may issue a temporary protection order, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant, alleged victim, or the family or household member, including a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant, alleged victim, or the family or household member.


(2)(a) If the court issues a temporary protection order that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant, the alleged victim, or the family or household member, the order shall state clearly that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant, alleged victim, or family or household member to enter the residence, school, business, or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant, alleged victim, or family or household member.


(b) Division (C)(2)(a) of this section does not limit any discretion of a court to determine that an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a temporary protection order issued under this section, did not commit the violation or was not in contempt of court.


(D)(1) Upon the filing of a complaint that alleges a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the Revised Code if the alleged victim of the violation was a family or household member at the time of the violation, a violation of a municipal ordinance that is substantially similar to any of those sections if the alleged victim of the violation was a family or household member at the time of the violation, any offense of violence if the alleged victim of the offense was a family or household member at the time of the commission of the offense, or any sexually oriented offense if the alleged victim of the offense was a family or household member at the time of the commission of the offense, the court, upon its own motion, may issue a temporary protection order as a pretrial condition of release if it finds that the safety and protection of the complainant, alleged victim, or other family or household member of the alleged offender may be impaired by the continued presence of the alleged offender.


(2) If the court issues a temporary protection order under this section as an ex parte order, it shall conduct, as soon as possible after the issuance of the order, a hearing in the presence of the alleged offender not later than the next day on which the court is scheduled to conduct business after the day on which the alleged offender was arrested or at the time of the appearance of the alleged offender pursuant to summons to determine whether the order should remain in effect, be modified, or be revoked. The hearing shall be conducted under the standards set forth in division (C) of this section.


(3) An order issued under this section shall contain only those terms authorized in orders issued under division (C) of this section.


(4) If a municipal court or a county court issues a temporary protection order under this section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the order is bound over to the court of common pleas for prosecution of a felony arising out of the same activities as those that were the basis of the complaint upon which the order is based, notwithstanding the fact that the order was issued by a municipal court or county court, the order shall remain in effect, as though it were an order of the court of common pleas, while the charges against the alleged offender are pending in the court of common pleas, for the period of time described in division (E)(2) of this section, and the court of common pleas has exclusive jurisdiction to modify the order issued by the municipal court or county court. This division applies when the alleged offender is bound over to the court of common pleas as a result of the person waiving a preliminary hearing on the felony charge, as a result of the municipal court or county court having determined at a preliminary hearing that there is probable cause to believe that the felony has been committed and that the alleged offender committed it, as a result of the alleged offender having been indicted for the felony, or in any other manner.


(E) A temporary protection order that is issued as a pretrial condition of release under this section:


(1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule 46;


(2) Is effective only until the occurrence of either of the following:


(a) The disposition, by the court that issued the order or, in the circumstances described in division (D)(4) of this section, by the court of common pleas to which the alleged offender is bound over for prosecution, of the criminal proceeding arising out of the complaint upon which the order is based;


(b) The issuance of a protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint upon which the order is based, under section 3113.31 of the Revised Code;


(3) Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.


(F) A person who meets the criteria for bail under Criminal Rule 46 and who, if required to do so pursuant to that rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting a temporary protection order.


(G)(1) A copy of any temporary protection order that is issued under this section shall be issued by the court to the complainant, to the alleged victim, to the person who requested the order, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered. If a municipal court or a county court issues a temporary protection order under this section and if, subsequent to the issuance of the order, the defendant who is the subject of the order is bound over to the court of common pleas for prosecution as described in division (D)(4) of this section, the municipal court or county court shall direct that a copy of the order be delivered to the court of common pleas to which the defendant is bound over.


(2) Upon the issuance of a protection order under this section, the court shall provide the parties to the order with the following notice orally or by form:


“NOTICE


As a result of this protection order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8). If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney.”


(3) All law enforcement agencies shall establish and maintain an index for the temporary protection orders delivered to the agencies pursuant to division (G)(1) of this section. With respect to each order delivered, each agency shall note on the index, the date and time of the receipt of the order by the agency.


(4) A complainant, alleged victim, or other person who obtains a temporary protection order under this section may provide notice of the issuance of the temporary protection order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county in accordance with division (N) of section 3113.31 of the Revised Code and filing a copy of the registered protection order with a law enforcement agency in the other county in accordance with that division.


(5) Any officer of a law enforcement agency shall enforce a temporary protection order issued by any court in this state in accordance with the provisions of the order, including removing the defendant from the premises, regardless of whether the order is registered in the county in which the officer's agency has jurisdiction as authorized by division (G)(4) of this section.


(H) Upon a violation of a temporary protection order, the court may issue another temporary protection order, as a pretrial condition of release, that modifies the terms of the order that was violated.


(I)(1) As used in divisions (I)(1) and (2) of this section, “defendant” means a person who is alleged in a complaint to have committed a violation, offense of violence, or sexually oriented offense of the type described in division (A) of this section.


(2) If a complaint is filed that alleges that a person committed a violation, offense of violence, or sexually oriented offense of the type described in division (A) of this section, the court may not issue a temporary protection order under this section that requires the complainant, the alleged victim, or another family or household member of the defendant to do or refrain from doing an act that the court may require the defendant to do or refrain from doing under a temporary protection order unless both of the following apply:


(a) The defendant has filed a separate complaint that alleges that the complainant, alleged victim, or other family or household member in question who would be required under the order to do or refrain from doing the act committed a violation or offense of violence of the type described in division (A) of this section.


(b) The court determines that both the complainant, alleged victim, or other family or household member in question who would be required under the order to do or refrain from doing the act and the defendant acted primarily as aggressors, that neither the complainant, alleged victim, or other family or household member in question who would be required under the order to do or refrain from doing the act nor the defendant acted primarily in self-defense, and, in accordance with the standards and criteria of this section as applied in relation to the separate complaint filed by the defendant, that it should issue the order to require the complainant, alleged victim, or other family or household member in question to do or refrain from doing the act.


(J) Notwithstanding any provision of law to the contrary and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or a court of another state, no court or unit of state or local government shall charge any fee, cost, deposit, or money in connection with the filing of a motion pursuant to this section, in connection with the filing, issuance, registration, or service of a protection order or consent agreement, or for obtaining a certified copy of a protection order or consent agreement.


(K) As used in this section:


(1) “Sexually oriented offense” has the same meaning as in section 2950. 01 of the Revised Code.


(2) “Victim advocate” means a person who provides support and assistance for a victim of an offense during court proceedings.



CREDIT(S)


(2010 H 238, eff. 9-8-10; 2008 H 562, eff. 6-24-08; 2006 S 260, eff. 1-2-07; 2006 S 17, eff. 8-3-06; 2006 H 95, eff. 8-3-06; 2003 S 50, eff. 1-8-04; 2002 H 548, eff. 3-31-03; 1999 H 137, eff. 3-10-00; 1997 S 98, eff. 3-17-98; 1997 S 1, eff. 10-21-97; 1994 H 335, eff. 12-9-94; 1992 H 536, eff. 11-5-92; 1990 S 3; 1984 H 587; 1980 H 920; 1978 H 835)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.27


Effective: June 17, 2010


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Domestic Violence

2919.27 Violating a protection order, consent agreement, or anti-stalking protection order; protection order issued by court of another state


(A) No person shall recklessly violate the terms of any of the following:


(1) A protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code;


(2) A protection order issued pursuant to section 2151.34, 2903.213, or 2903.214 of the Revised Code;


(3) A protection order issued by a court of another state.


(B)(1) Whoever violates this section is guilty of violating a protection order.


(2) Except as otherwise provided in division (B)(3) or (4) of this section, violating a protection order is a misdemeanor of the first degree.


(3) If the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for a violation of a protection order issued pursuant to section 2151.34, 2903.213, or 2903.214 of the Revised Code, two or more violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code that involved the same person who is the subject of the protection order or consent agreement, or one or more violations of this section, violating a protection order is a felony of the fifth degree.


(4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony of the third degree.


(5) If the protection order violated by the offender was an order issued pursuant to section 2151.34 or 2903.214 of the Revised Code that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this division that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. If the court determines that the offender is indigent and subject to the maximum amount allowable and the rules promulgated by the attorney general under section 2903.214 of the Revised Code, the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount paid from the reparations fund created pursuant to section 2743.191 of the Revised Code for electronic monitoring under this section and sections 2151.34 and 2903.214 of the Revised Code shall not exceed three hundred thousand dollars per year.


(C) It is an affirmative defense to a charge under division (A)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this state or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c).


(D) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child issued pursuant to the divorce and child custody laws of another state, except to the extent that the order for support or for custody of a child is entitled to full faith and credit under the laws of the United States.



CREDIT(S)


(2010 H 10, eff. 6-17-10; 2008 H 471, eff. 4-7-09; 2003 S 50, eff. 1-8-04; 2002 H 548, eff. 3-31-03; 1998 H 302, eff. 7-29-98; 1997 S 1, eff. 10-21-97; 1995 S 2, eff. 7-1-96; 1994 H 335, eff. 12-9-94; 1992 H 536, eff. 11-5-92; 1985 H 475; 1984 H 587)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.271


Effective: September 29, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Domestic Violence

2919.271 Mental condition evaluations


(A)(1)(a) If a defendant is charged with a violation of section 2919.27 of the Revised Code or of a municipal ordinance that is substantially similar to that section, the court may order an evaluation of the mental condition of the defendant if the court determines that either of the following criteria apply:


(i) If the alleged violation is a violation of a protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code, that the violation allegedly involves conduct by the defendant that caused physical harm to the person or property of a family or household member covered by the order or agreement, or conduct by the defendant that caused a family or household member to believe that the defendant would cause physical harm to that member or that member's property.


(ii) If the alleged violation is a violation of a protection order issued pursuant to section 2903.213 or 2903.214 of the Revised Code or a protection order issued by a court of another state, that the violation allegedly involves conduct by the defendant that caused physical harm to the person or property of the person covered by the order, or conduct by the defendant that caused the person covered by the order to believe that the defendant would cause physical harm to that person or that person's property.


(b) If a defendant is charged with a violation of section 2903.211 of the Revised Code or of a municipal ordinance that is substantially similar to that section, the court may order an evaluation of the mental condition of the defendant.


(2) An evaluation ordered under division (A)(1) of this section shall be completed no later than thirty days from the date the order is entered pursuant to that division. In that order, the court shall do either of the following:


(a) Order that the evaluation of the mental condition of the defendant be preceded by an examination conducted either by a forensic center that is designated by the department of mental health to conduct examinations and make evaluations of defendants charged with violations of section 2903.211 or 2919.27 of the Revised Code or of substantially similar municipal ordinances in the area in which the court is located, or by any other program or facility that is designated by the department of mental health or the department of developmental disabilities to conduct examinations and make evaluations of defendants charged with violations of section 2903.211 or 2919.27 of the Revised Code or of substantially similar municipal ordinances, and that is operated by either department or is certified by either department as being in compliance with the standards established under division (H) of section 5119.01 of the Revised Code or division (C) of section 5123.04 of the Revised Code.


(b) Designate a center, program, or facility other than one designated by the department of mental health or the department of developmental disabilities, as described in division (A)(2)(a) of this section, to conduct the evaluation and preceding examination of the mental condition of the defendant.


Whether the court acts pursuant to division (A)(2)(a) or (b) of this section, the court may designate examiners other than the personnel of the center, program, facility, or department involved to make the evaluation and preceding examination of the mental condition of the defendant.


(B) If the court considers that additional evaluations of the mental condition of a defendant are necessary following the evaluation authorized by division (A) of this section, the court may order up to two additional similar evaluations. These evaluations shall be completed no later than thirty days from the date the applicable court order is entered. If more than one evaluation of the mental condition of the defendant is ordered under this division, the prosecutor and the defendant may recommend to the court an examiner whom each prefers to perform one of the evaluations and preceding examinations.


(C)(1) The court may order a defendant who has been released on bail to submit to an examination under division (A) or (B) of this section. The examination shall be conducted either at the detention facility in which the defendant would have been confined if the defendant had not been released on bail, or, if so specified by the center, program, facility, or examiners involved, at the premises of the center, program, or facility. Additionally, the examination shall be conducted at the times established by the examiners involved. If such a defendant refuses to submit to an examination or a complete examination as required by the court or the center, program, facility, or examiners involved, the court may amend the conditions of the bail of the defendant and order the sheriff to take the defendant into custody and deliver the defendant to the detention facility in which the defendant would have been confined if the defendant had not been released on bail, or, if so specified by the center, program, facility, or examiners involved, to the premises of the center, program, or facility, for purposes of the examination.


(2) A defendant who has not been released on bail shall be examined at the detention facility in which the defendant is confined or, if so specified by the center, program, facility, or examiners involved, at the premises of the center, program, or facility.


(D) The examiner of the mental condition of a defendant under division (A) or (B) of this section shall file a written report with the court within thirty days after the entry of an order for the evaluation of the mental condition of the defendant. The report shall contain the findings of the examiner; the facts in reasonable detail on which the findings are based; the opinion of the examiner as to the mental condition of the defendant; the opinion of the examiner as to whether the defendant represents a substantial risk of physical harm to other persons as manifested by evidence of recent homicidal or other violent behavior, evidence of recent threats that placed other persons in reasonable fear of violent behavior and serious physical harm, or evidence of present dangerousness; and the opinion of the examiner as to the types of treatment or counseling that the defendant needs. The court shall provide copies of the report to the prosecutor and defense counsel.


(E) The costs of any evaluation and preceding examination of a defendant that is ordered pursuant to division (A) or (B) of this section shall be taxed as court costs in the criminal case.


(F) If the examiner considers it necessary in order to make an accurate evaluation of the mental condition of a defendant, an examiner under division (A) or (B) of this section may request any family or household member of the defendant to provide the examiner with information. A family or household member may, but is not required to, provide information to the examiner upon receipt of the request.


(G) As used in this section:


(1) “Bail” includes a recognizance.


(2) “Examiner” means a psychiatrist, a licensed independent social worker who is employed by a forensic center that is certified as being in compliance with the standards established under division (H) of section 5119.01 or division (C) of section 5123.04 of the Revised Code, a licensed professional clinical counselor who is employed at a forensic center that is certified as being in compliance with such standards, or a licensed clinical psychologist, except that in order to be an examiner, a licensed clinical psychologist shall meet the criteria of division (I)(1) of section 5122.01 of the Revised Code or be employed to conduct examinations by the department of mental health or by a forensic center certified as being in compliance with the standards established under division (H) of section 5119.01 or division (C) of section 5123.04 of the Revised Code that is designated by the department of mental health.


(3) “Family or household member” has the same meaning as in section 2919.25 of the Revised Code.


(4) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code.


(5) “Psychiatrist” and “licensed clinical psychologist” have the same meanings as in section 5122.01 of the Revised Code.


(6) “Protection order issued by a court of another state” has the same meaning as in section 2919.27 of the Revised Code.



CREDIT(S)


(2011 H 153, eff. 9-29-11; 2009 S 79, eff. 10-6-09; 2001 H 94, eff. 9-5-01; 1999 H 202, eff. 2-9-00; 1998 H 302, eff. 7-29-98; 1997 S 1, eff. 10-21-97; 1996 S 223, eff. 3-18-97; 1995 S 2, eff. 7-1-96; 1985 H 475, eff. 3-7-86)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2919.272


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2919. Offenses Against the Family (Refs & Annos)

Domestic Violence

2919.272 Protection order issued by court of another state; procedure for registration in Ohio; registry of orders by law enforcement agencies


(A) As used in this section, “protection order issued by a court of another state” has the same meaning as in section 2919.27 of the Revised Code.


(B) A person who has obtained a protection order issued by a court of another state may provide notice of the issuance of the order to judicial and law enforcement officials in any county of this state by registering the order in that county and filing a copy of the registered order with a law enforcement agency in that county. To register the order, the person shall obtain a certified copy of the order from the clerk of the court that issued the order and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order is to be registered. Upon accepting the certified copy of the order for registration, the clerk shall place an endorsement of registration on the order and give the person a copy of the order that bears proof of registration. The person then may file with a law enforcement agency in that county a copy of the order that bears proof of registration.


(C) The clerk of each court of common pleas and the clerk of each municipal court and county court shall maintain a registry of certified copies of protection orders issued by courts of another state that have been registered with the clerk. Each law enforcement agency shall establish and maintain a registry for protection orders delivered to the agency pursuant to this section. The agency shall note in the registry the date and time that the agency received an order.


(D) An officer of a law enforcement agency shall enforce a protection order issued by a court of another state in accordance with the provisions of the order, including removing the person allegedly violating the order from the premises, regardless of whether the order is registered as authorized by division (B) of this section in the county in which the officer's agency has jurisdiction.


(E) Notwithstanding any provision of law to the contrary and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or a court of another state, no court or unit of state or local government shall charge any fee, cost, deposit, or money in connection with the filing, issuance, registration, or service of a protection order or consent agreement or for obtaining a certified copy of a protection order or consent agreement, including a protection order issued by a court of another state.



CREDIT(S)


(2002 H 548, eff. 3-31-03; 1997 S 1, eff. 10-21-97)


Current through 2013 File 11 of the 130th GA (2013-2014).



Chapter 40. Of the Consolidated Laws

Tags:03 NY (6.2%)

McKinney's Penal Law § 263.00

Effective: September 7, 2012

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 263. Sexual Performance by a Child (Refs & Annos)

§ 263.00 Definitions

As used in this article the following definitions shall apply:

1. “Sexual performance” means any performance or part thereof which, for purposes of section 263.16 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.05 or 263.15 of this article, includes sexual conduct by a child less than seventeen years of age.

2. “Obscene sexual performance” means any performance which, for purposes of section 263.11 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.10 of this article, includes sexual conduct by a child less than seventeen years of age, in any material which is obscene, as such term is defined in section 235.00 of this chapter.

3. “Sexual conduct” means actual or simulated sexual intercourse, oral sexual conduct, anal sexual conduct, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.

4. “Performance” means any play, motion picture, photograph or dance. Performance also means any other visual representation exhibited before an audience.

5. “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.

6. “Simulated” means the explicit depiction of any of the conduct set forth in subdivision three of this section which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals or buttocks.

7. “Oral sexual conduct” and “anal sexual conduct” mean the conduct defined by subdivision two of section 130.00 of this chapter.

8. “Sado-masochistic abuse” means the conduct defined in subdivision five of section 235.20 of this chapter.

9. For purposes of sections 263.10, 263.11, 263.15 and 263.16 of this article, the terms “possession,” “control” and “promotion” shall not include conduct by an attorney when the performance was provided to such attorney in relation to the representation of a person under investigation or charged under this chapter or as a respondent pursuant to the family court act, and is limited in use for the purpose of representation for the period of such representation.

CREDIT(S)

(Added L.1977, c. 910, § 2. Amended L.2000, c. 1, § 18, eff. Feb. 1, 2001; L.2003, c. 264, § 32, eff. Nov. 1, 2003; L.2012, c. 456, § 3, eff. Sept. 7, 2012.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 263.05

Effective: February 1, 2001

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 263. Sexual Performance by a Child (Refs & Annos)

§ 263.05 Use of a child in a sexual performance

A person is guilty of the use of a child in a sexual performance if knowing the character and content thereof he employs, authorizes or induces a child less than seventeen years of age to engage in a sexual performance or being a parent, legal guardian or custodian of such child, he consents to the participation by such child in a sexual performance.

Use of a child in a sexual performance is a class C felony.

CREDIT(S)

(Added L.1977, c. 910, § 2. Amended L.2000, c. 1, § 19, eff. Feb. 1, 2001.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 263.10

Effective: February 1, 2001

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 263. Sexual Performance by a Child (Refs & Annos)

§ 263.10 Promoting an obscene sexual performance by a child

A person is guilty of promoting an obscene sexual performance by a child when, knowing the character and content thereof, he produces, directs or promotes any obscene performance which includes sexual conduct by a child less than seventeen years of age.

Promoting an obscene sexual performance by a child is a class D felony.

CREDIT(S)

(Added. L.1977, c. 910, § 2. Amended L.2000, c. 1, § 20, eff. Feb. 1, 2001.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 263.11

Effective: September 7, 2012

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 263. Sexual Performance by a Child (Refs & Annos)

§ 263.11 Possessing an obscene sexual performance by a child

A person is guilty of possessing an obscene sexual performance by a child when, knowing the character and content thereof, he knowingly has in his possession or control, or knowingly accesses with intent to view, any obscene performance which includes sexual conduct by a child less than sixteen years of age.

Possessing an obscene sexual performance by a child is a class E felony.

CREDIT(S)

(Added L.1996, c. 11, § 1. Amended L.2012, c. 456, § 1, eff. Sept. 7, 2012.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 263.15

Effective: February 1, 2001

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 263. Sexual Performance by a Child (Refs & Annos)

§ 263.15 Promoting a sexual performance by a child

A person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, he produces, directs or promotes any performance which includes sexual conduct by a child less than seventeen years of age.

Promoting a sexual performance by a child is a class D felony.

CREDIT(S)

(Added L.1977, c. 910, § 2. Amended L.2000, c. 1, § 21, eff. Feb. 1, 2001.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 263.16

Effective: September 7, 2012

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 263. Sexual Performance by a Child (Refs & Annos)

§ 263.16 Possessing a sexual performance by a child

A person is guilty of possessing a sexual performance by a child when, knowing the character and content thereof, he knowingly has in his possession or control, or knowingly accesses with intent to view, any performance which includes sexual conduct by a child less than sixteen years of age.

Possessing a sexual performance by a child is a class E felony.

CREDIT(S)

(Added L.1996, c. 11, § 1. Amended L.2012, c. 456, § 2, eff. Sept. 7, 2012.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 263.20

Effective: February 1, 2001

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 263. Sexual Performance by a Child (Refs & Annos)

§ 263.20 Sexual performance by a child; affirmative defenses

1. Under this article, it shall be an affirmative defense that the defendant in good faith reasonably believed the person appearing in the performance was, for purposes of section 263.11 or 263.16 of this article, sixteen years of age or over or, for purposes of section 263.05, 263.10 or 263.15 of this article, seventeen years of age or over.

2. In any prosecution for any offense pursuant to this article, it is an affirmative defense that the person so charged was a librarian engaged in the normal course of his employment, a motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter or in any other non-managerial or non-supervisory capacity in a motion picture theatre; provided he has no financial interest, other than his employment, which employment does not encompass compensation based upon any proportion of the gross receipts, in the promotion of a sexual performance for sale, rental or exhibition or in the promotion, presentation or direction of any sexual performance, or is in any way responsible for acquiring such material for sale, rental or exhibition.

CREDIT(S)

(Added L.1977, c. 910, § 2. Amended L.2000, c. 1, § 22, eff. Feb. 1, 2001.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 263.25

Effective: February 1, 2001

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 263. Sexual Performance by a Child (Refs & Annos)

§ 263.25 Proof of age of child

Whenever it becomes necessary for the purposes of this article to determine whether a child who participated in a sexual performance was under an age specified in this article, the court or jury may make such determination by any of the following: personal inspection of the child; inspection of a photograph or motion picture which constituted the sexual performance; oral testimony by a witness to the sexual performance as to the age of the child based upon the child's appearance; expert medical testimony based upon the appearance of the child in the sexual performance; and any other method authorized by any applicable provision of law or by the rules of evidence at common law.

CREDIT(S)

(Added L.1977, c. 910, § 2. Amended L.2000, c. 1, § 23, eff. Feb. 1, 2001.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 263.30

Effective: November 1, 2008

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 263. Sexual Performance by a Child (Refs & Annos)

§ 263.30 Facilitating a sexual performance by a child with a controlled substance or alcohol.

1. A person is guilty of facilitating a sexual performance by a child with a controlled substance or alcohol when he or she:

(a)(i) knowingly and unlawfully possesses a controlled substance as defined in section thirty-three hundred six of the public health law or any controlled substance that requires a prescription to obtain, (ii) administers that substance to a person under the age of seventeen without such person's consent, (iii) intends to commit against such person conduct constituting a felony as defined in section 263.05, 263.10, or 263.15 of this article, and (iv) does so commit or attempt to commit such conduct against such person; or

(b)(i) administers alcohol to a person under the age of seventeen without such person's consent, (ii) intends to commit against such person conduct constituting a felony defined in section 263.05, 263.10, or 263.15 of this article, and (iii) does so commit or attempt to commit such conduct against such person.

2. For the purposes of this section, “controlled substance” means any substance or preparation, compound, mixture, salt, or isomer of any substance defined in section thirty-three hundred six of the public health law.

Facilitating a sexual performance by a child with a controlled substance or alcohol is a class B felony.

CREDIT(S)

(Added L.2008, c. 431, § 1, eff. Nov. 1, 2008.)

Current through L.2013, chapter 28.


Chapter 40. Of the Consolidated Laws

Tags:03 NY (6.2%)

McKinney's Penal Law § 255.00

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.00 Unlawfully solemnizing a marriage

A person is guilty of unlawfully solemnizing a marriage when:

1. Knowing that he is not authorized by the laws of this state to do so, he performs a marriage ceremony or presumes to solemnize a marriage; or

2. Being authorized by the laws of this state to perform marriage ceremonies and to solemnize marriages, he performs a marriage ceremony or solemnizes a marriage knowing that a legal impediment to such marriage exists.

Unlawfully solemnizing a marriage is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 255.05

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.05 Unlawfully issuing a dissolution decree

A person is guilty of unlawfully issuing a dissolution decree when, not being a judicial officer authorized to issue decrees of divorce or annulment, he issues a written instrument reciting or certifying that he or some other purportedly but not actually authorized person has issued a valid decree of civil divorce, annulment or other dissolution of a marriage.

Unlawfully issuing a dissolution decree is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 255.10

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.10 Unlawfully procuring a marriage license

A person is guilty of unlawfully procuring a marriage license when he procures a license to marry another person at a time when he has a living spouse, or the other person has a living spouse.

Unlawfully procuring a marriage license is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 255.15

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.15 Bigamy

A person is guilty of bigamy when he contracts or purports to contract a marriage with another person at a time when he has a living spouse, or the other person has a living spouse.

Bigamy is a class E felony.

CREDIT(S)

(L.1965, c. 1030.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 255.17

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.17 Adultery

A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.

Adultery is a class B misdemeanor.

CREDIT(S)

(Added L.1965, c. 1037, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 255.20

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.20 Unlawfully procuring a marriage license, bigamy, adultery: defense

In any prosecution for unlawfully procuring a marriage license, bigamy, or adultery, it is an affirmative defense that the defendant acted under a reasonable belief that both he and the other person to the marriage or prospective marriage or to the sexual intercourse, as the case may be, were unmarried.

CREDIT(S)

(L.1965, c. 1030. Amended L.1965, c. 1037, § 2.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 255.25

Effective: November 1, 2006

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.25 Incest in the third degree

A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the third degree is a class E felony.

CREDIT(S)

(L.1965, c. 1030. Amended L.1984, c. 649, § 1; L.2003, c. 264, § 31, eff. Nov. 1, 2003; L.2006, c. 320, § 1, eff. Nov. 1, 2006.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 255.26

Effective: November 1, 2006

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.26. Incest in the second degree

A person is guilty of incest in the second degree when he or she commits the crime of rape in the second degree, as defined in section 130.30 of this part, or criminal sexual act in the second degree, as defined in section 130.45 of this part, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

Incest in the second degree is a class D felony.

CREDIT(S)

(Added L.2006, c. 320, § 1, eff. Nov. 1, 2006.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 255.27

Effective: November 1, 2006

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.27. Incest in the first degree

A person is guilty of incest in the first degree when he or she commits the crime of rape in the first degree, as defined in subdivision three or four of section 130.35 of this part, or criminal sexual act in the first degree, as defined in subdivision three or four of section 130.50 of this part, against a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or half blood, uncle, aunt, nephew or niece.

Incest in the first degree is a class B felony.

CREDIT(S)

(Added L.2006, c. 320, § 1, eff. Nov. 1, 2006.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 255.30

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 255. Offenses Affecting the Marital Relationship (Refs & Annos)

§ 255.30 Adultery and incest; corroboration

1. A person shall not be convicted of adultery or of an attempt to commit adultery solely upon the testimony of the other party to the adulterous act or attempted act, unsupported by other evidence tending to establish that the defendant attempted to engage with the other party in sexual intercourse, and that the defendant or the other party had a living spouse at the time of the adulterous act or attempted act.

2. A person shall not be convicted of incest or of an attempt to commit incest solely upon the testimony of the other party unsupported by other evidence tending to establish that the defendant married the other party, or that the defendant was a relative of the other party of a kind specified in section 255.25.

CREDIT(S)

(L.1965, c. 1030. Amended L.1967, c. 791, § 43; L.1972, c. 373, § 2; L.1982, c. 659, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law Ch. 40, Pt. THREE, T. O, Art. 260, Refs & Annos

 

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law

Chapter 40. Of the Consolidated Laws

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.00

Effective: August 30, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.00 Abandonment of a child

1. A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than fourteen years old, he or she deserts such child in any place with intent to wholly abandon such child.

2. A person is not guilty of the provisions of this section when he or she engages in the conduct described in subdivision one of this section: (a) with the intent that the child be safe from physical injury and cared for in an appropriate manner; (b) the child is left with an appropriate person, or in a suitable location and the person who leaves the child promptly notifies an appropriate person of the child's location; and (c) the child is not more than thirty days old.

Abandonment of a child is a class E felony.

CREDIT(S)

(L.1965, c. 1030. Amended L.2010, c. 447, § 1, eff. Aug. 30, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.03 Repealed

Effective: July 18, 2000

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.03 Repealed by L.2010, c. 447, § 4, eff. Aug. 30, 2010

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.05

Effective: November 1, 2008

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.05 Non-support of a child in the second degree

A person is guilty of non-support of a child when:

1. being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment; or

2. being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she knowingly fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment.

Non-support of a child in the second degree is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1972, c. 687, § 3; L.1997, c. 397, § 1, eff. Sept. 1, 1997; L.2008, c. 70, § 1, eff. Nov. 1, 2008.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.06

Effective: November 1, 2008

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.06 Non-support of a child in the first degree

A person is guilty of non-support of a child in the first degree when:

1. (a) being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so; or

(b) being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so; and

2. he or she has previously been convicted in the preceding five years of a crime defined in section 260.05 of this article or a crime defined by the provisions of this section.

Non-support of a child in the first degree is a class E felony.

CREDIT(S)

(Added L.1997, c. 397, § 2, eff. Sept. 1, 1997. Amended L.2007, c. 310, § 1, eff. Nov. 1, 2007; L.2008, c. 70, § 2, eff. Nov. 1, 2008.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.10

Effective: August 30, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.10 Endangering the welfare of a child

A person is guilty of endangering the welfare of a child when:

1. He or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his or her life or health; or

2. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he or she fails or refuses to exercise reasonable diligence in the control of such child to prevent him or her from becoming an “abused child,” a “neglected child,” a “juvenile delinquent” or a “person in need of supervision,” as those terms are defined in articles ten, three and seven of the family court act.

3. A person is not guilty of the provisions of this section when he or she engages in the conduct described in subdivision one of section 260.00 of this article: (a) with the intent to wholly abandon the child by relinquishing responsibility for and right to the care and custody of such child; (b) with the intent that the child be safe from physical injury and cared for in an appropriate manner; (c) the child is left with an appropriate person, or in a suitable location and the person who leaves the child promptly notifies an appropriate person of the child's location; and (d) the child is not more than thirty days old.

Endangering the welfare of a child is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1967, c. 791, § 44; L.1970, c. 389, § 1; L.1970, c. 962, § 14; L.1982, c. 920, § 81; L.1990, c. 476, § 1; L.2010, c. 447, § 2, eff. Aug. 30, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.11

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.11 Endangering the welfare of a child; corroboration

A person shall not be convicted of endangering the welfare of a child, or of an attempt to commit the same, upon the testimony of a victim who is incapable of consent because of mental defect or mental incapacity as to conduct that constitutes an offense or an attempt to commit an offense referred to in section 130.16, without additional evidence sufficient pursuant to section 130.16 to sustain a conviction of an offense referred to in section 130.16, or of an attempt to commit the same.

CREDIT(S)

(Added L.1972, c. 373, § 3. Amended L.1974, c. 14, § 3; L.1984, c. 89, § 2.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.15

Effective: August 30, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.15 Endangering the welfare of a child; defense

In any prosecution for endangering the welfare of a child, pursuant to section 260.10 of this article, based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the defendant (a) is a parent, guardian or other person legally charged with the care or custody of such child; and (b) is a member or adherent of an organized church or religious group the tenets of which prescribe prayer as the principal treatment for illness; and (c) treated or caused such ill child to be treated in accordance with such tenets.

CREDIT(S)

(L.1965, c. 1030. Amended L.1967, c. 791, § 45; L.2000, c. 156, § 4, eff. July 18, 2000; L.2010, c. 447, § 3, eff. Aug. 30, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.20

Effective: September 29, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.20 Unlawfully dealing with a child in the first degree

A person is guilty of unlawfully dealing with a child in the first degree when:

1. He knowingly permits a child less than eighteen years old to enter or remain in or upon a place, premises or establishment where sexual activity as defined by article one hundred thirty, two hundred thirty or two hundred sixty-three of this chapter or activity involving controlled substances as defined by article two hundred twenty of this chapter or involving marihuana as defined by article two hundred twenty-one of this chapter is maintained or conducted, and he knows or has reason to know that such activity is being maintained or conducted; or

2. He gives or sells or causes to be given or sold any alcoholic beverage, as defined by section three of the alcoholic beverage control law, to a person less than twenty-one years old; except that this subdivision does not apply to the parent or guardian of such a person or to a person who gives or causes to be given any such alcoholic beverage to a person under the age of twenty-one years, who is a student in a curriculum licensed or registered by the state education department, where the tasting or imbibing of alcoholic beverages is required in courses that are part of the required curriculum, provided such alcoholic beverages are given only for instructional purposes during classes conducted pursuant to such curriculum.

It is no defense to a prosecution pursuant to subdivision two of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.

It is an affirmative defense to a prosecution pursuant to subdivision two of this section that the defendant who sold, caused to be sold or attempted to sell such alcoholic beverage to a person less than twenty-one years old, had not been, at the time of such sale or attempted sale, convicted of a violation of this section or section 260.21 of this article within the preceding five years, and such defendant, subsequent to the commencement of the present prosecution, has completed an alcohol training awareness program established pursuant to subdivision twelve of section seventeen of the alcoholic beverage control law. A defendant otherwise qualifying pursuant to this paragraph may request and shall be afforded a reasonable adjournment of the proceedings to enable him or her to complete such alcohol training awareness program.

Unlawfully dealing with a child in the first degree is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1982, c. 159, § 4; L.1985, c. 274, § 5; L.1986, c. 107, § 2; L.1986, c. 210, § 1; L.1992, c. 362, § 1; L.2010, c. 435, § 5, eff. Sept. 29, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.21

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.21 Unlawfully dealing with a child in the second degree

A person is guilty of unlawfully dealing with a child in the second degree when:

1. Being an owner, lessee, manager or employee of a place where alcoholic beverages are sold or given away, he permits a child less than sixteen years old to enter or remain in such place unless:

(a) The child is accompanied by his parent, guardian or an adult authorized by a parent or guardian; or

(b) The entertainment or activity is being conducted for the benefit or under the auspices of a non-profit school, church or other educational or religious institution; or

(c) Otherwise permitted by law to do so; or

(d) The establishment is closed to the public for a specified period of time to conduct an activity or entertainment, during which the child is in or remains in such establishment, and no alcoholic beverages are sold, served, given away or consumed at such establishment during such period. The state liquor authority shall be notified in writing by the licensee of such establishment, of the intended closing of such establishment, to conduct any such activity or entertainment, not less than ten days prior to any such closing; or

2. He marks the body of a child less than eighteen years old with indelible ink or pigments by means of tattooing; or

3. He sells or causes to be sold tobacco in any form to a child less than eighteen years old.

It is no defense to a prosecution pursuant to subdivision three of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.

Unlawfully dealing with a child in the second degree is a class B misdemeanor.

CREDIT(S)

(L.1992, c. 362, § 2. Amended L.1996, c. 478, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.24

Effective: January 16, 2013

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.24 Endangering the welfare of an incompetent or physically disabled person in the second degree

A person is guilty of endangering the welfare of an incompetent or physically disabled person in the second degree when he or she recklessly engages in conduct which is likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect.

Endangering the welfare of an incompetent or physically disabled person in the second degree is a class A misdemeanor.

CREDIT(S)

(Added L.2012, c. 501, pt. G, § 3, eff. Jan. 16, 2013.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.25

Effective: January 16, 2013

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.25 Endangering the welfare of an incompetent or physically disabled person in the first degree

A person is guilty of endangering the welfare of an incompetent or physically disabled person in the first degree when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect.

Endangering the welfare of an incompetent or physically disabled person in the first degree is a class E felony.

CREDIT(S)

(L.1965, c. 1030. Amended L.1998, c. 381, § 2, eff. Nov. 1, 1998; L.2012, c. 501, pt. G, § 4, eff. Jan. 16, 2013.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.30

Effective: June 15, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

[§ 260.30. Renumbered § 260.31 by L.2010, c. 117, § 11, eff. June 15, 2010]

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.31

Effective: October 13, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.31 Vulnerable elderly persons; definitions

<[As added by L.1998, c. 381. Another Penal Law § 260.31 was added by another act.]>

For the purpose of sections 260.32 and 260.34 of this article, the following definitions shall apply:

1. “Caregiver” means a person who (i) assumes responsibility for the care of a vulnerable elderly person, or an incompetent or physically disabled person pursuant to a court order; or (ii) receives monetary or other valuable consideration for providing care for a vulnerable elderly person, or an incompetent or physically disabled person.

2. “Sexual contact” means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

3. “Vulnerable elderly person” means a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care.

4. “Incompetent or physically disabled person” means an individual who is unable to care for himself or herself because of physical disability, mental disease or defect.

CREDIT(S)

(Formerly § 260.30, added L.1998, c. 381, § 3, eff. Nov. 1, 1998. Renumbered § 260.31, L.2010, c. 14, § 1, eff. May 22, 2010. Amended L.2010, c. 14, § 2, eff. May 22, 2010; L.2010, c. 193, § 2, eff. Oct. 13, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.31

Effective: June 15, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.31 Misrepresentation by a child day care provider

<[As added by L.1998, c. 600, § 2. Another Penal Law § 260.31 was added by another act.]>

A person is guilty of misrepresentation by a child day care provider when, being a child day care provider or holding himself or herself out as such, he or she makes any willful and intentional misrepresentation, by act or omission, to a parent or guardian of a child in the care of such provider (or a child whose prospective placement in such care is being considered by such parent or guardian) to any state or local official having jurisdiction over child day care providers, or to any police officer or peace officer as to the facts pertaining to such child day care provider, including, but not limited to: (i) the number of children in the facility or home where such number is in violation of the provisions of section three hundred ninety of the social services law, (ii) the area of the facility, home, or center used for child day care, or (iii) the credentials or qualifications of any child day care provider, assistant, employee, or volunteer. A misrepresentation subject to the provisions of this section must substantially place at risk the health or safety of a child in the care of a child day care provider.

Misrepresentation by a child day care provider is a class A misdemeanor.

CREDIT(S)

(Formerly § 260.30, added L.1998, c. 600, § 2, eff. Nov. 1, 1998. Renumbered § 260.31, L.2010, c. 117, § 11, eff. June 15, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.32

Effective: May 22, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.32. Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree

A person is guilty of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree when, being a caregiver for a vulnerable elderly person, or an incompetent or physically disabled person:

1. With intent to cause physical injury to such person, he or she causes such injury to such person; or

2. He or she recklessly causes physical injury to such person; or

3. With criminal negligence, he or she causes physical injury to such person by means of a deadly weapon or a dangerous instrument; or

4. He or she subjects such person to sexual contact without the latter's consent. Lack of consent under this subdivision results from forcible compulsion or incapacity to consent, as those terms are defined in article one hundred thirty of this chapter, or any other circumstances in which the vulnerable elderly person, or an incompetent or physically disabled person does not expressly or impliedly acquiesce in the caregiver's conduct. In any prosecution under this subdivision in which the victim's alleged lack of consent results solely from incapacity to consent because of the victim's mental disability or mental incapacity, the provisions of section 130.16 of this chapter shall apply. In addition, in any prosecution under this subdivision in which the victim's lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent.

Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree is a class E felony.

CREDIT(S)

(Added L.1998, c. 381, § 4, eff. Nov. 1, 1998. Amended L.2000, c. 1, § 5, eff. Feb. 1, 2001; L.2010, c. 14, § 3, eff. May 22, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.34

Effective: May 22, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.34. Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree

A person is guilty of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree when, being a caregiver for a vulnerable elderly person, or an incompetent or physically disabled person:

1. With intent to cause physical injury to such person, he or she causes serious physical injury to such person; or

2. He or she recklessly causes serious physical injury to such person.

Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree is a class D felony.

CREDIT(S)

(Added L.1998, c. 381, § 5, eff. Nov. 1, 1998. Amended L.2010, c. 14, § 3, eff. May 22, 2010.)

Current through L.2013, chapter 28.


Chapter 40. Of the Consolidated Laws

Tags:03 NY (6.2%)

McKinney's Penal Law § 260.00

Effective: August 30, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.00 Abandonment of a child

1. A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than fourteen years old, he or she deserts such child in any place with intent to wholly abandon such child.

2. A person is not guilty of the provisions of this section when he or she engages in the conduct described in subdivision one of this section: (a) with the intent that the child be safe from physical injury and cared for in an appropriate manner; (b) the child is left with an appropriate person, or in a suitable location and the person who leaves the child promptly notifies an appropriate person of the child's location; and (c) the child is not more than thirty days old.

Abandonment of a child is a class E felony.

CREDIT(S)

(L.1965, c. 1030. Amended L.2010, c. 447, § 1, eff. Aug. 30, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.03 Repealed

Effective: July 18, 2000

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.03 Repealed by L.2010, c. 447, § 4, eff. Aug. 30, 2010

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.05

Effective: November 1, 2008

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.05 Non-support of a child in the second degree

A person is guilty of non-support of a child when:

1. being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment; or

2. being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she knowingly fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment.

Non-support of a child in the second degree is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1972, c. 687, § 3; L.1997, c. 397, § 1, eff. Sept. 1, 1997; L.2008, c. 70, § 1, eff. Nov. 1, 2008.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.06

Effective: November 1, 2008

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.06 Non-support of a child in the first degree

A person is guilty of non-support of a child in the first degree when:

1. (a) being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so; or

(b) being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so; and

2. he or she has previously been convicted in the preceding five years of a crime defined in section 260.05 of this article or a crime defined by the provisions of this section.

Non-support of a child in the first degree is a class E felony.

CREDIT(S)

(Added L.1997, c. 397, § 2, eff. Sept. 1, 1997. Amended L.2007, c. 310, § 1, eff. Nov. 1, 2007; L.2008, c. 70, § 2, eff. Nov. 1, 2008.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.10

Effective: August 30, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.10 Endangering the welfare of a child

A person is guilty of endangering the welfare of a child when:

1. He or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his or her life or health; or

2. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he or she fails or refuses to exercise reasonable diligence in the control of such child to prevent him or her from becoming an “abused child,” a “neglected child,” a “juvenile delinquent” or a “person in need of supervision,” as those terms are defined in articles ten, three and seven of the family court act.

3. A person is not guilty of the provisions of this section when he or she engages in the conduct described in subdivision one of section 260.00 of this article: (a) with the intent to wholly abandon the child by relinquishing responsibility for and right to the care and custody of such child; (b) with the intent that the child be safe from physical injury and cared for in an appropriate manner; (c) the child is left with an appropriate person, or in a suitable location and the person who leaves the child promptly notifies an appropriate person of the child's location; and (d) the child is not more than thirty days old.

Endangering the welfare of a child is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1967, c. 791, § 44; L.1970, c. 389, § 1; L.1970, c. 962, § 14; L.1982, c. 920, § 81; L.1990, c. 476, § 1; L.2010, c. 447, § 2, eff. Aug. 30, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.11

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.11 Endangering the welfare of a child; corroboration

A person shall not be convicted of endangering the welfare of a child, or of an attempt to commit the same, upon the testimony of a victim who is incapable of consent because of mental defect or mental incapacity as to conduct that constitutes an offense or an attempt to commit an offense referred to in section 130.16, without additional evidence sufficient pursuant to section 130.16 to sustain a conviction of an offense referred to in section 130.16, or of an attempt to commit the same.

CREDIT(S)

(Added L.1972, c. 373, § 3. Amended L.1974, c. 14, § 3; L.1984, c. 89, § 2.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.15

Effective: August 30, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.15 Endangering the welfare of a child; defense

In any prosecution for endangering the welfare of a child, pursuant to section 260.10 of this article, based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the defendant (a) is a parent, guardian or other person legally charged with the care or custody of such child; and (b) is a member or adherent of an organized church or religious group the tenets of which prescribe prayer as the principal treatment for illness; and (c) treated or caused such ill child to be treated in accordance with such tenets.

CREDIT(S)

(L.1965, c. 1030. Amended L.1967, c. 791, § 45; L.2000, c. 156, § 4, eff. July 18, 2000; L.2010, c. 447, § 3, eff. Aug. 30, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.20

Effective: September 29, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.20 Unlawfully dealing with a child in the first degree

A person is guilty of unlawfully dealing with a child in the first degree when:

1. He knowingly permits a child less than eighteen years old to enter or remain in or upon a place, premises or establishment where sexual activity as defined by article one hundred thirty, two hundred thirty or two hundred sixty-three of this chapter or activity involving controlled substances as defined by article two hundred twenty of this chapter or involving marihuana as defined by article two hundred twenty-one of this chapter is maintained or conducted, and he knows or has reason to know that such activity is being maintained or conducted; or

2. He gives or sells or causes to be given or sold any alcoholic beverage, as defined by section three of the alcoholic beverage control law, to a person less than twenty-one years old; except that this subdivision does not apply to the parent or guardian of such a person or to a person who gives or causes to be given any such alcoholic beverage to a person under the age of twenty-one years, who is a student in a curriculum licensed or registered by the state education department, where the tasting or imbibing of alcoholic beverages is required in courses that are part of the required curriculum, provided such alcoholic beverages are given only for instructional purposes during classes conducted pursuant to such curriculum.

It is no defense to a prosecution pursuant to subdivision two of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.

It is an affirmative defense to a prosecution pursuant to subdivision two of this section that the defendant who sold, caused to be sold or attempted to sell such alcoholic beverage to a person less than twenty-one years old, had not been, at the time of such sale or attempted sale, convicted of a violation of this section or section 260.21 of this article within the preceding five years, and such defendant, subsequent to the commencement of the present prosecution, has completed an alcohol training awareness program established pursuant to subdivision twelve of section seventeen of the alcoholic beverage control law. A defendant otherwise qualifying pursuant to this paragraph may request and shall be afforded a reasonable adjournment of the proceedings to enable him or her to complete such alcohol training awareness program.

Unlawfully dealing with a child in the first degree is a class A misdemeanor.

CREDIT(S)

(L.1965, c. 1030. Amended L.1982, c. 159, § 4; L.1985, c. 274, § 5; L.1986, c. 107, § 2; L.1986, c. 210, § 1; L.1992, c. 362, § 1; L.2010, c. 435, § 5, eff. Sept. 29, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.21

Effective:[See Text Amendments]

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.21 Unlawfully dealing with a child in the second degree

A person is guilty of unlawfully dealing with a child in the second degree when:

1. Being an owner, lessee, manager or employee of a place where alcoholic beverages are sold or given away, he permits a child less than sixteen years old to enter or remain in such place unless:

(a) The child is accompanied by his parent, guardian or an adult authorized by a parent or guardian; or

(b) The entertainment or activity is being conducted for the benefit or under the auspices of a non-profit school, church or other educational or religious institution; or

(c) Otherwise permitted by law to do so; or

(d) The establishment is closed to the public for a specified period of time to conduct an activity or entertainment, during which the child is in or remains in such establishment, and no alcoholic beverages are sold, served, given away or consumed at such establishment during such period. The state liquor authority shall be notified in writing by the licensee of such establishment, of the intended closing of such establishment, to conduct any such activity or entertainment, not less than ten days prior to any such closing; or

2. He marks the body of a child less than eighteen years old with indelible ink or pigments by means of tattooing; or

3. He sells or causes to be sold tobacco in any form to a child less than eighteen years old.

It is no defense to a prosecution pursuant to subdivision three of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.

Unlawfully dealing with a child in the second degree is a class B misdemeanor.

CREDIT(S)

(L.1992, c. 362, § 2. Amended L.1996, c. 478, § 1.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.24

Effective: January 16, 2013

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.24 Endangering the welfare of an incompetent or physically disabled person in the second degree

A person is guilty of endangering the welfare of an incompetent or physically disabled person in the second degree when he or she recklessly engages in conduct which is likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect.

Endangering the welfare of an incompetent or physically disabled person in the second degree is a class A misdemeanor.

CREDIT(S)

(Added L.2012, c. 501, pt. G, § 3, eff. Jan. 16, 2013.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.25

Effective: January 16, 2013

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.25 Endangering the welfare of an incompetent or physically disabled person in the first degree

A person is guilty of endangering the welfare of an incompetent or physically disabled person in the first degree when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect.

Endangering the welfare of an incompetent or physically disabled person in the first degree is a class E felony.

CREDIT(S)

(L.1965, c. 1030. Amended L.1998, c. 381, § 2, eff. Nov. 1, 1998; L.2012, c. 501, pt. G, § 4, eff. Jan. 16, 2013.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.30

Effective: June 15, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

[§ 260.30. Renumbered § 260.31 by L.2010, c. 117, § 11, eff. June 15, 2010]

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.31

Effective: October 13, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.31 Vulnerable elderly persons; definitions

<[As added by L.1998, c. 381. Another Penal Law § 260.31 was added by another act.]>

For the purpose of sections 260.32 and 260.34 of this article, the following definitions shall apply:

1. “Caregiver” means a person who (i) assumes responsibility for the care of a vulnerable elderly person, or an incompetent or physically disabled person pursuant to a court order; or (ii) receives monetary or other valuable consideration for providing care for a vulnerable elderly person, or an incompetent or physically disabled person.

2. “Sexual contact” means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

3. “Vulnerable elderly person” means a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care.

4. “Incompetent or physically disabled person” means an individual who is unable to care for himself or herself because of physical disability, mental disease or defect.

CREDIT(S)

(Formerly § 260.30, added L.1998, c. 381, § 3, eff. Nov. 1, 1998. Renumbered § 260.31, L.2010, c. 14, § 1, eff. May 22, 2010. Amended L.2010, c. 14, § 2, eff. May 22, 2010; L.2010, c. 193, § 2, eff. Oct. 13, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.31

Effective: June 15, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.31 Misrepresentation by a child day care provider

<[As added by L.1998, c. 600, § 2. Another Penal Law § 260.31 was added by another act.]>

A person is guilty of misrepresentation by a child day care provider when, being a child day care provider or holding himself or herself out as such, he or she makes any willful and intentional misrepresentation, by act or omission, to a parent or guardian of a child in the care of such provider (or a child whose prospective placement in such care is being considered by such parent or guardian) to any state or local official having jurisdiction over child day care providers, or to any police officer or peace officer as to the facts pertaining to such child day care provider, including, but not limited to: (i) the number of children in the facility or home where such number is in violation of the provisions of section three hundred ninety of the social services law, (ii) the area of the facility, home, or center used for child day care, or (iii) the credentials or qualifications of any child day care provider, assistant, employee, or volunteer. A misrepresentation subject to the provisions of this section must substantially place at risk the health or safety of a child in the care of a child day care provider.

Misrepresentation by a child day care provider is a class A misdemeanor.

CREDIT(S)

(Formerly § 260.30, added L.1998, c. 600, § 2, eff. Nov. 1, 1998. Renumbered § 260.31, L.2010, c. 117, § 11, eff. June 15, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.32

Effective: May 22, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.32. Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree

A person is guilty of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree when, being a caregiver for a vulnerable elderly person, or an incompetent or physically disabled person:

1. With intent to cause physical injury to such person, he or she causes such injury to such person; or

2. He or she recklessly causes physical injury to such person; or

3. With criminal negligence, he or she causes physical injury to such person by means of a deadly weapon or a dangerous instrument; or

4. He or she subjects such person to sexual contact without the latter's consent. Lack of consent under this subdivision results from forcible compulsion or incapacity to consent, as those terms are defined in article one hundred thirty of this chapter, or any other circumstances in which the vulnerable elderly person, or an incompetent or physically disabled person does not expressly or impliedly acquiesce in the caregiver's conduct. In any prosecution under this subdivision in which the victim's alleged lack of consent results solely from incapacity to consent because of the victim's mental disability or mental incapacity, the provisions of section 130.16 of this chapter shall apply. In addition, in any prosecution under this subdivision in which the victim's lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent.

Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree is a class E felony.

CREDIT(S)

(Added L.1998, c. 381, § 4, eff. Nov. 1, 1998. Amended L.2000, c. 1, § 5, eff. Feb. 1, 2001; L.2010, c. 14, § 3, eff. May 22, 2010.)

Current through L.2013, chapter 28.

McKinney's Penal Law § 260.34

Effective: May 22, 2010

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part Three. Specific Offenses

Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents

Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons (Refs & Annos)

§ 260.34. Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree

A person is guilty of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree when, being a caregiver for a vulnerable elderly person, or an incompetent or physically disabled person:

1. With intent to cause physical injury to such person, he or she causes serious physical injury to such person; or

2. He or she recklessly causes serious physical injury to such person.

Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree is a class D felony.

CREDIT(S)

(Added L.1998, c. 381, § 5, eff. Nov. 1, 1998. Amended L.2010, c. 14, § 3, eff. May 22, 2010.)

Current through L.2013, chapter 28.


Chapter 265. Crimes Against the Person

Tags:14 MA (2.1%)

M.G.L.A. 265 § 26C


Effective: November 5, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 26C. Definition of “entice”; enticement of child under age 16; punishment


(a) As used in this section, the term “entice” shall mean to lure, induce, persuade, tempt, incite, solicit, coax or invite.


(b) Any one who entices a child under the age of 16, or someone he believes to be a child under the age of 16, to enter, exit or remain within any vehicle, dwelling, building, or other outdoor space with the intent that he or another person will violate section 13B, 13B   1/

 
2, 13B   3/
 
4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24 or 24B of chapter 265, section 4A, 16, 28, 29, 29A, 29B, 29C, 35A, 53 or 53A of chapter 272, or any offense that has as an element the use or attempted use of force, shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 2   1/
 
2 years, or by both imprisonment and a fine of not more than $5,000.

CREDIT(S)


Added by St.2002, c. 385, § 3. Amended by St.2010, c. 267, §§ 62 to 64, eff. Nov. 4, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 26D


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 26D. Enticement of child under age 18 to engage in prostitution, human trafficking or commercial sexual activity


(a) As used in this section, the term “entice” shall mean to lure, induce, persuade, tempt, incite, solicit, coax or invite.


(b) As used in this section, the term “electronic communication” shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.


(c) Whoever, by electronic communication, knowingly entices a child under the age of 18 years, to engage in prostitution in violation of section 50 or section 53A of chapter 272, human trafficking in violation of section 50, 51, 52 or 53 or commercial sexual activity as defined in section 49, or attempts to do so, shall be punished by imprisonment in a house of correction for not more than 2    1/

 
2 years or in the state prison for not more than 5 years or by a fine of not less than $2,500, or by both such fine and imprisonment.

(d) Whoever, after having been convicted of, or adjudicated delinquent by reason of a violation of this section, commits a second or subsequent such violation, shall be punished by imprisonment in the state prison for not less than 5 years and by a fine of not less than $10,000. Such sentence shall not be reduced to less than 5 years, or suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release or furlough or receive any deduction from the sentence for good conduct until that person has served 5 years of such sentence.


CREDIT(S)


Added by St.2011, c. 178, § 22, eff. Feb. 19, 2012.



Chapter 25. Domestic Violence

Tags:11 NJ (2.8%)

N.J.S.A. 2C:25-17

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-17. Prevention of Domestic Violence Act of 1991; short title


This act shall be known and may be cited as the “Prevention of Domestic Violence Act of 1991.”



CREDIT(S)


L.1991, c. 261, § 1, eff. Nov. 12, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-18

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-18. Legislative findings and declaration


The Legislature finds and declares that domestic violence is a serious crime against society; that there are thousands of persons in this State who are regularly beaten, tortured and in some cases even killed by their spouses or cohabitants; that a significant number of women who are assaulted are pregnant; that victims of domestic violence come from all social and economic backgrounds and ethnic groups; that there is a positive correlation between spousal abuse and child abuse; and that children, even when they are not themselves physically assaulted, suffer deep and lasting emotional effects from exposure to domestic violence. It is therefore, the intent of the Legislature to assure the victims of domestic violence the maximum protection from abuse the law can provide.


The Legislature further finds and declares that the health and welfare of some of its most vulnerable citizens, the elderly and disabled, are at risk because of incidents of reported and unreported domestic violence, abuse and neglect which are known to include acts which victimize the elderly and disabled emotionally, psychologically, physically and financially; because of age, disabilities or infirmities, this group of citizens frequently must rely on the aid and support of others; while the institutionalized elderly are protected under P.L.1977, c. 239 (C. 52:27G-1 et seq.), elderly and disabled adults in noninstitutionalized or community settings may find themselves victimized by family members or others upon whom they feel compelled to depend.


The Legislature further finds and declares that violence against the elderly and disabled, including criminal neglect of the elderly and disabled under section 1 of P.L.1989, c. 23 (C. 2C:24-8), must be recognized and addressed on an equal basis as violence against spouses and children in order to fulfill our responsibility as a society to protect those who are less able to protect themselves.


The Legislature further finds and declares that even though many of the existing criminal statutes are applicable to acts of domestic violence, previous societal attitudes concerning domestic violence have affected the response of our law enforcement and judicial systems, resulting in these acts receiving different treatment from similar crimes when they occur in a domestic context. The Legislature finds that battered adults presently experience substantial difficulty in gaining access to protection from the judicial system, particularly due to that system's inability to generate a prompt response in an emergency situation.


It is the intent of the Legislature to stress that the primary duty of a law enforcement officer when responding to a domestic violence call is to enforce the laws allegedly violated and to protect the victim. Further, it is the responsibility of the courts to protect victims of violence that occurs in a family or family-like setting by providing access to both emergent and long-term civil and criminal remedies and sanctions, and by ordering those remedies and sanctions that are available to assure the safety of the victims and the public. To that end, the Legislature encourages the training of all police and judicial personnel in the procedures and enforcement of this act, and about the social and psychological context in which domestic violence occurs; and it further encourages the broad application of the remedies available under this act in the civil and criminal courts of this State. It is further intended that the official response to domestic violence shall communicate the attitude that violent behavior will not be excused or tolerated, and shall make clear the fact that the existing criminal laws and civil remedies created under this act will be enforced without regard to the fact that the violence grows out of a domestic situation.



CREDIT(S)


L.1991, c. 261, § 2, eff. Nov. 12, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-19

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-19. Definitions


As used in this act:


a. “Domestic violence” means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:


(1) Homicide N.J.S. 2C:11-1 et seq.


(2) Assault N.J.S. 2C:12-1


(3) Terroristic threats N.J.S. 2C:12-3


(4) Kidnapping N.J.S. 2C:13-1


(5) Criminal restraint N.J.S. 2C:13-2


(6) False imprisonment N.J.S. 2C:13-3


(7) Sexual assault N.J.S. 2C:14-2


(8) Criminal sexual contact N.J.S. 2C:14-3


(9) Lewdness N.J.S. 2C:14-4


(10) Criminal mischief N.J.S. 2C:17-3


(11) Burglary N.J.S. 2C:18-2


(12) Criminal trespass N.J.S. 2C:18-3


(13) Harassment N.J.S. 2C:33-4


(14) Stalking P.L.1992, c. 209 (C. 2C:12-10)


When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute “domestic violence,” but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c. 77 (C. 2A:4A-30).


b. “Law enforcement agency” means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.


c. “Law enforcement officer” means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.


d. “Victim of domestic violence” means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. “Victim of domestic violence” also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. “Victim of domestic violence” also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.


e. “Emancipated minor” means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.



CREDIT(S)


L.1991, c. 261, § 3, eff. Nov. 12, 1991. Amended by L.1994, c. 93, § 1, eff. Aug. 11, 1994; L.1994, c. 94, § 1, eff. Aug. 11, 1994.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-20

Effective: January 18, 2000


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-20. Training course and curriculum; domestic crisis teams


a. (1) The Division of Criminal Justice shall develop and approve a training course and curriculum on the handling, investigation and response procedures concerning reports of domestic violence and abuse and neglect of the elderly and disabled. This training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require. The Division of Criminal Justice shall distribute the curriculum to all local police agencies.


(2) The Attorney General shall be responsible for ensuring that all law enforcement officers attend initial training within 90 days of appointment or transfer and annual inservice training of at least four hours as described in this section.


b. (1) The Administrative Office of the Courts shall develop and approve a training course and a curriculum on the handling, investigation and response procedures concerning allegations of domestic violence. This training course shall be reviewed at least every two years and modified by the Administrative Office of the Courts from time to time as need may require.


(2) The Administrative Director of the Courts shall be responsible for ensuring that all judges and judicial personnel attend initial training within 90 days of appointment or transfer and annual inservice training as described in this section.


(3) The Division of Criminal Justice and the Administrative Office of the Courts shall provide that all training on the handling of domestic violence matters shall include information concerning the impact of domestic violence on society, the dynamics of domestic violence, the statutory and case law concerning domestic violence, the necessary elements of a protection order, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and the use of available community resources, support services, available sanctions and treatment options. Law enforcement agencies shall: (1) establish domestic crisis teams or participate in established domestic crisis teams, and (2) shall train individual officers in methods of dealing with domestic violence and neglect and abuse of the elderly and disabled. The teams may include social workers, clergy or other persons trained in counseling, crisis intervention or in the treatment of domestic violence and neglect and abuse of the elderly and disabled victims.



CREDIT(S)


L.1991, c. 261, § 4, eff. Nov. 12, 1991. Amended by L.1994, c. 93, § 2, eff. Aug. 11, 1994; L.1999, c. 289, § 1; L.1999, c. 433, § 1, eff. Jan. 18, 2000.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-21

Effective: January 14, 2004


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-21. Arrest; criminal complaint; seizure of weapons


a. When a person claims to be a victim of domestic violence, and where a law enforcement officer responding to the incident finds probable cause to believe that domestic violence has occurred, the law enforcement officer shall arrest the person who is alleged to be the person who subjected the victim to domestic violence and shall sign a criminal complaint if:


(1) The victim exhibits signs of injury caused by an act of domestic violence;


(2) A warrant is in effect;


(3) There is probable cause to believe that the person has violated N.J.S. 2C:29-9, and there is probable cause to believe that the person has been served with the order alleged to have been violated. If the victim does not have a copy of a purported order, the officer may verify the existence of an order with the appropriate law enforcement agency; or


(4) There is probable cause to believe that a weapon as defined in N.J.S.2C:39-1 has been involved in the commission of an act of domestic violence.


b. A law enforcement officer may arrest a person; or may sign a criminal complaint against that person, or may do both, where there is probable cause to believe that an act of domestic violence has been committed, but where none of the conditions in subsection a. of this section applies.


c. (1) As used in this section, the word “exhibits” is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition. Where the victim exhibits no visible sign of injury, but states that an injury has occurred, the officer should consider other relevant factors in determining whether there is probable cause to make an arrest.


(2) In determining which party in a domestic violence incident is the victim where both parties exhibit signs of injury, the officer should consider the comparative extent of the injuries, the history of domestic violence between the parties, if any, and any other relevant factors.


(3) No victim shall be denied relief or arrested or charged under this act with an offense because the victim used reasonable force in self defense against domestic violence by an attacker.


d. (1) In addition to a law enforcement officer's authority to seize any weapon that is contraband, evidence or an instrumentality of crime, a law enforcement officer who has probable cause to believe that an act of domestic violence has been committed shall:


(a) question persons present to determine whether there are weapons on the premises; and


(b) upon observing or learning that a weapon is present on the premises, seize any weapon that the officer reasonably believes would expose the victim to a risk of serious bodily injury. If a law enforcement officer seizes any firearm pursuant to this paragraph, the officer shall also seize any firearm purchaser identification card or permit to purchase a handgun issued to the person accused of the act of domestic violence.


(2) A law enforcement officer shall deliver all weapons , firearms purchaser identification cards and permits to purchase a handgun seized pursuant to this section to the county prosecutor and shall append an inventory of all seized items to the domestic violence report.


(3) Weapons seized in accordance with the “Prevention of Domestic Violence Act of 1991”, P.L.1991, c. 261(C.2C:25-17 et seq.) shall be returned to the owner except upon order of the Superior Court. The prosecutor who has possession of the seized weapons may, upon notice to the owner, petition a judge of the Family Part of the Superior Court, Chancery Division, within 45 days of seizure, to obtain title to the seized weapons, or to revoke any and all permits, licenses and other authorizations for the use, possession, or ownership of such weapons pursuant to the law governing such use, possession, or ownership, or may object to the return of the weapons on such grounds as are provided for the initial rejection or later revocation of the authorizations, or on the grounds that the owner is unfit or that the owner poses a threat to the public in general or a person or persons in particular.


A hearing shall be held and a record made thereof within 45 days of the notice provided above. No formal pleading and no filing fee shall be required as a preliminary to such hearing. The hearing shall be summary in nature. Appeals from the results of the hearing shall be to the Superior Court, Appellate Division, in accordance with the law.


If the prosecutor does not institute an action within 45 days of seizure, the seized weapons shall be returned to the owner.


After the hearing the court shall order the return of the firearms, weapons and any authorization papers relating to the seized weapons to the owner if the court determines the owner is not subject to any of the disabilities set forth in N.J.S.2C:58-3c. and finds that the complaint has been dismissed at the request of the complainant and the prosecutor determines that there is insufficient probable cause to indict; or if the defendant is found not guilty of the charges; or if the court determines that the domestic violence situation no longer exists. Nothing in this act shall impair the right of the State to retain evidence pending a criminal prosecution. Nor shall any provision of this act be construed to limit the authority of the State or a law enforcement officer to seize, retain or forfeit property pursuant to chapter 64 of Title 2C of the New Jersey Statutes.


If, after the hearing, the court determines that the weapons are not to be returned to the owner, the court may:


(a) With respect to weapons other than firearms, order the prosecutor to dispose of the weapons if the owner does not arrange for the transfer or sale of the weapons to an appropriate person within 60 days; or


(b) Order the revocation of the owner's firearms purchaser identification card or any permit, license or authorization, in which case the court shall order the owner to surrender any firearm seized and all other firearms possessed to the prosecutor and shall order the prosecutor to dispose of the firearms if the owner does not arrange for the sale of the firearms to a registered dealer of the firearms within 60 days; or


(c) Order such other relief as it may deem appropriate. When the court orders the weapons forfeited to the State or the prosecutor is required to dispose of the weapons, the prosecutor shall dispose of the property as provided in N.J.S.2C:64-6.


(4) A civil suit may be brought to enjoin a wrongful failure to return a seized firearm where the prosecutor refuses to return the weapon after receiving a written request to do so and notice of the owner's intent to bring a civil action pursuant to this section. Failure of the prosecutor to comply with the provisions of this act shall entitle the prevailing party in the civil suit to reasonable costs, including attorney's fees, provided that the court finds that the prosecutor failed to act in good faith in retaining the seized weapon.


(5) No law enforcement officer or agency shall be held liable in any civil action brought by any person for failing to learn of, locate or seize a weapon pursuant to this act, or for returning a seized weapon to its owner.



CREDIT(S)


L.1991, c. 261, § 5, eff. Nov. 12, 1991. Amended by L.2003, c. 277, § 1, eff. Jan. 14, 2004.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-21.1

Effective: January 14, 2004


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-21.1. Rules and regulations


The Attorney General may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.), rules and regulations necessary and appropriate to implement this act.



CREDIT(S)


L.2003, c. 277, § 6, eff. Jan. 14, 2004.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-22

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-22. Immunity from civil liability


A law enforcement officer or a member of a domestic crisis team or any person who, in good faith, reports a possible incident of domestic violence to the police shall not be held liable in any civil action brought by any party for an arrest based on probable cause, enforcement in good faith of a court order, or any other act or omission in good faith under this act.



CREDIT(S)


L.1991, c. 261, § 6, eff. Nov. 12, 1991. Amended by L.1994, c. 94, § 2, eff. Aug. 11, 1994.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-23

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-23. Notice provided to victims; contents


A law enforcement officer shall disseminate and explain to the victim the following notice, which shall be written in both English and Spanish:


“You have the right to go to court to get an order called a temporary restraining order, also called a TRO, which may protect you from more abuse by your attacker. The officer who handed you this card can tell you how to get a TRO.


The kinds of things a judge can order in a TRO may include:


(1) That your attacker is temporarily forbidden from entering the home you live in;


(2) That your attacker is temporarily forbidden from having contact with you or your relatives;


(3) That your attacker is temporarily forbidden from bothering you at work;


(4) That your attacker has to pay temporary child support or support for you;


(5) That you be given temporary custody of your children;


(6) That your attacker pay you back any money you have to spend for medical treatment or repairs because of the violence. There are other things the court can order, and the court clerk will explain the procedure to you and will help you fill out the papers for a TRO.


You also have the right to file a criminal complaint against your attacker. The police officer who gave you this paper will tell you how to file a criminal complaint.


On weekends, holidays and other times when the courts are closed, you still have a right to get a TRO. The police officer who gave you this paper can help you get in touch with a judge who can give you a TRO.”



CREDIT(S)


L.1991, c. 261, § 7, eff. Nov. 12, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-24

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-24. Domestic violence offense report; contents; annual report by superintendent of state police


a. It shall be the duty of a law enforcement officer who responds to a domestic violence call to complete a domestic violence offense report. All information contained in the domestic violence offense report shall be forwarded to the appropriate county bureau of identification and to the State bureau of records and identification in the Division of State Police in the Department of Law and Public Safety. A copy of the domestic violence offense report shall be forwarded to the municipal court where the offense was committed unless the case has been transferred to the Superior Court.


b. The domestic violence offense report shall be on a form prescribed by the supervisor of the State bureau of records and identification which shall include, but not be limited to, the following information:


(1) The relationship of the parties;


(2) The sex of the parties;


(3) The time and date of the incident;


(4) The number of domestic violence calls investigated;


(5) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children;


(6) The type and extent of abuse;


(7) The number and type of weapons involved;


(8) The action taken by the law enforcement officer;


(9) The existence of any prior court orders issued pursuant to this act concerning the parties;


(10) The number of domestic violence calls alleging a violation of a domestic violence restraining order;


(11) The number of arrests for a violation of a domestic violence order; and


(12) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence.


c. It shall be the duty of the Superintendent of the State Police with the assistance of the Division of Systems and Communications in the Department of Law and Public Safety to compile and report annually to the Governor, the Legislature and the Advisory Council on Domestic Violence on the tabulated data from the domestic violence offense reports, classified by county.



CREDIT(S)


L.1991, c. 261, § 8, eff. Nov. 12, 1991. Amended by L.1999, c. 119, § 2, eff. June 9, 1999.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-25

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-25. Criminal complaint; effect of dissolution of marriage, civil proceedings, or leaving residence; waiver of disclosure of victim's location


The court in a criminal complaint arising from a domestic violence incident:


a. Shall not dismiss any charge or delay disposition of a case because of concurrent dissolution of a marriage, other civil proceedings, or because the victim has left the residence to avoid further incidents of domestic violence;


b. Shall not require proof that either party is seeking a dissolution of a marriage prior to institution of criminal proceedings;


c. Shall waive any requirement that the victim's location be disclosed to any person.



CREDIT(S)


L.1991, c. 261, § 9, eff. Nov. 12, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-26

Effective: January 17, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-26. Release from custody before trial; restraining orders; confidentiality of victim's location; bail


a. When a defendant charged with a crime or offense involving domestic violence is released from custody before trial on bail or personal recognizance, the court authorizing the release may as a condition of release issue an order prohibiting the defendant from having any contact with the victim including, but not limited to, restraining the defendant from entering the victim's residence, place of employment or business, or school, and from harassing or stalking the victim or the victim's friends, co-workers, or relatives in any way. The court may also enter an order prohibiting the defendant from having any contact with any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household. In addition, the court may enter an order directing the possession of the animal and providing that the animal shall not be disposed of prior to the disposition of the crime or offense. The court may enter an order prohibiting the defendant from possessing any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 and ordering the search for and seizure of any such weapon at any location where the judge has reasonable cause to believe the weapon is located. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order.


b. The written court order releasing the defendant shall contain the court's directives specifically restricting the defendant's ability to have contact with the victim , the victim's friends, co-workers, or relatives, or any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household. The clerk of the court or other person designated by the court shall provide a copy of this order to the victim forthwith.


c. The victim's location shall remain confidential and shall not appear on any documents or records to which the defendant has access.


d. Before bail is set, the defendant's prior record shall be considered by the court. The court shall also conduct a search of the domestic violence central registry. Bail shall be set as soon as is feasible, but in all cases within 24 hours of arrest.


e. Once bail is set it shall not be reduced without prior notice to the county prosecutor and the victim. Bail shall not be reduced by a judge other than the judge who originally ordered bail, unless the reasons for the amount of the original bail are available to the judge who reduces the bail and are set forth in the record.


f. A victim shall not be prohibited from applying for, and a court shall not be prohibited from issuing, temporary restraints pursuant to this act because the victim has charged any person with commission of a criminal act.



CREDIT(S)


L.1991, c. 261, § 10, eff. Nov. 12, 1991. Amended by L.1994, c. 94, § 3, eff. Aug. 11, 1994; L.1999, c. 421, § 2, eff. Jan. 18, 2000; L.2011, c. 213, § 1, eff. Jan. 17, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-26.1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-26.1. Notification of victim of release of defendant charged with crime involving domestic violence


Notwithstanding any other provision of law to the contrary, whenever a defendant charged with a crime or an offense involving domestic violence is released from custody the prosecuting agency shall notify the victim.



CREDIT(S)


L.1994, c. 137, § 1, eff. Oct. 31, 1994.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-27

Effective: January 17, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-27. Conditions of sentence


a. When a defendant is found guilty of a crime or offense involving domestic violence and a condition of sentence restricts the defendant's ability to have contact with the victim, the victim's friends, co-workers, or relatives, or an animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household, that condition shall be recorded in an order of the court and a written copy of that order shall be provided to the victim by the clerk of the court or other person designated by the court. In addition to restricting a defendant's ability to have contact with the victim, the victim's friends, co-workers, or relatives, or an animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household, the court may require the defendant to receive professional counseling from either a private source or a source appointed by the court, and if the court so orders, the court shall require the defendant to provide documentation of attendance at the professional counseling. In any case where the court order contains a requirement that the defendant receive professional counseling, no application by the defendant to dissolve the restraining order shall be granted unless, in addition to any other provisions required by law or conditions ordered by the court, the defendant has completed all required attendance at such counseling.


b. In addition the court may enter an order directing the possession of an animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household. Where a person has abused or threatened to abuse such animal, there shall be a presumption that possession of the animal shall be awarded to the non-abusive party.



CREDIT(S)


L.1991, c. 261, § 11, eff. Nov. 12, 1991. Amended by L.1999, c. 236, § 1, eff. Oct. 13, 1999; L.2011, c. 213, § 2, eff. Jan. 17, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-28

Effective: January 17, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-28. Complaint by victim; emergency relief; temporary restraining orders; service of process


a. A victim may file a complaint alleging the commission of an act of domestic violence with the Family Part of the Chancery Division of the Superior Court in conformity with the Rules of Court. The court shall not dismiss any complaint or delay disposition of a case because the victim has left the residence to avoid further incidents of domestic violence. Filing a complaint pursuant to this section shall not prevent the filing of a criminal complaint for the same act.


On weekends, holidays and other times when the court is closed, a victim may file a complaint before a judge of the Family Part of the Chancery Division of the Superior Court or a municipal court judge who shall be assigned to accept complaints and issue emergency, ex parte relief in the form of temporary restraining orders pursuant to this act.


A plaintiff may apply for relief under this section in a court having jurisdiction over the place where the alleged act of domestic violence occurred, where the defendant resides, or where the plaintiff resides or is sheltered, and the court shall follow the same procedures applicable to other emergency applications. Criminal complaints filed pursuant to this act shall be investigated and prosecuted in the jurisdiction where the offense is alleged to have occurred. Contempt complaints filed pursuant to N.J.S.2C:29-9 shall be prosecuted in the county where the contempt is alleged to have been committed and a copy of the contempt complaint shall be forwarded to the court that issued the order alleged to have been violated.


b. The court shall waive any requirement that the petitioner's place of residence appear on the complaint.


c. The clerk of the court, or other person designated by the court, shall assist the parties in completing any forms necessary for the filing of a summons, complaint, answer or other pleading.


d. Summons and complaint forms shall be readily available at the clerk's office, at the municipal courts and at municipal and State police stations.


e. As soon as the domestic violence complaint is filed, both the victim and the abuser shall be advised of any programs or services available for advice and counseling.


f. A plaintiff may seek emergency, ex parte relief in the nature of a temporary restraining order. A municipal court judge or a judge of the Family Part of the Chancery Division of the Superior Court may enter an ex parte order when necessary to protect the life, health or well-being of a victim on whose behalf the relief is sought.


g. If it appears that the plaintiff is in danger of domestic violence, the judge shall, upon consideration of the plaintiff's domestic violence complaint, order emergency ex parte relief, in the nature of a temporary restraining order. A decision shall be made by the judge regarding the emergency relief forthwith.


h. A judge may issue a temporary restraining order upon sworn testimony or complaint of an applicant who is not physically present, pursuant to court rules, or by a person who represents a person who is physically or mentally incapable of filing personally. A temporary restraining order may be issued if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown.


i. An order for emergency, ex parte relief shall be granted upon good cause shown and shall remain in effect until a judge of the Family Part issues a further order. Any temporary order hereunder is immediately appealable for a plenary hearing de novo not on the record before any judge of the Family Part of the county in which the plaintiff resides or is sheltered if that judge issued the temporary order or has access to the reasons for the issuance of the temporary order and sets forth in the record the reasons for the modification or dissolution. The denial of a temporary restraining order by a municipal court judge and subsequent administrative dismissal of the complaint shall not bar the victim from refiling a complaint in the Family Part based on the same incident and receiving an emergency, ex parte hearing de novo not on the record before a Family Part judge, and every denial of relief by a municipal court judge shall so state.


j. Emergency relief may include forbidding the defendant from returning to the scene of the domestic violence, forbidding the defendant from possessing any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1, ordering the search for and seizure of any such weapon at any location where the judge has reasonable cause to believe the weapon is located and the seizure of any firearms purchaser identification card or permit to purchase a handgun issued to the defendant and any other appropriate relief. Other appropriate relief may include but is not limited to an order directing the possession of any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household and providing that the animal shall not be disposed of prior to entry of a final order pursuant to section 13 of P.L.1991, c. 261 (C.2C:25-29).


The judge shall state with specificity the reasons for and scope of any search and seizure authorized by the order. The provisions of this subsection prohibiting a defendant from possessing a firearm or other weapon shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.


k. The judge may permit the defendant to return to the scene of the domestic violence to pick up personal belongings and effects but shall, in the order granting relief, restrict the time and duration of such permission and provide for police supervision of such visit.


l. An order granting emergency relief, together with the complaint or complaints, shall immediately be forwarded to the appropriate law enforcement agency for service on the defendant, and to the police of the municipality in which the plaintiff resides or is sheltered, and shall immediately be served upon the defendant by the police, except that an order issued during regular court hours may be forwarded to the sheriff for immediate service upon the defendant in accordance with the Rules of Court. If personal service cannot be effected upon the defendant, the court may order other appropriate substituted service. At no time shall the plaintiff be asked or required to serve any order on the defendant.


m. (Deleted by amendment, P.L.1994, c. 94.)


n. Notice of temporary restraining orders issued pursuant to this section shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.


o. (Deleted by amendment, P.L.1994, c. 94.)


p. Any temporary or final restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.


q. Prior to the issuance of any temporary or final restraining order issued pursuant to this section, the court shall order that a search be made of the domestic violence central registry with regard to the defendant's record.



CREDIT(S)


L.1991, c. 261, § 12, eff. Nov. 12, 1991. Amended by L.1994, c. 94, § 4, eff. Aug. 11, 1994; L.1999, c. 421, § 3, eff. Jan. 18, 2000; L.2003, c. 277, § 5, eff. Jan. 14, 2004; L.2011, c. 213, § 3, eff. Jan. 17, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-28.1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-28.1. In-house restraining orders prohibited


Notwithstanding any provision of P.L.1991, c. 261 (C.2C:25-17 et seq.) to the contrary, no order issued by the Family Part of the Chancery Division of the Superior Court pursuant to section 12 or section 13 of P.L.1991, c. 261 (C.2C:25-28 or 2C:25-29) regarding emergency, temporary or final relief shall include an in-house restraining order which permits the victim and the defendant to occupy the same premises but limits the defendant's use of that premises.



CREDIT(S)


L.1995, c. 242, § 2, eff. Sept. 1, 1995.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-29

Effective: January 17, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-29. Hearing; factors considered; orders for relief


a. A hearing shall be held in the Family Part of the Chancery Division of the Superior Court within 10 days of the filing of a complaint pursuant to section 12 of P.L.1991, c. 261 (C.2C:25-28) in the county where the ex parte restraints were ordered, unless good cause is shown for the hearing to be held elsewhere. A copy of the complaint shall be served on the defendant in conformity with the Rules of Court. If a criminal complaint arising out of the same incident which is the subject matter of a complaint brought under P.L.1981, c. 426 (C.2C:25-1 et seq.) or P.L.1991, c. 261 (C.2C:25-17 et seq.) has been filed, testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal proceeding against the defendant, other than domestic violence contempt matters and where it would otherwise be admissible hearsay under the rules of evidence that govern where a party is unavailable. At the hearing the standard for proving the allegations in the complaint shall be by a preponderance of the evidence. The court shall consider but not be limited to the following factors:


(1) The previous history of domestic violence between the plaintiff and defendant, including threats, harassment and physical abuse;


(2) The existence of immediate danger to person or property;


(3) The financial circumstances of the plaintiff and defendant;


(4) The best interests of the victim and any child;


(5) In determining custody and parenting time the protection of the victim's safety; and


(6) The existence of a verifiable order of protection from another jurisdiction.


An order issued under this act shall only restrain or provide damages payable from a person against whom a complaint has been filed under this act and only after a finding or an admission is made that an act of domestic violence was committed by that person. The issue of whether or not a violation of this act occurred, including an act of contempt under this act, shall not be subject to mediation or negotiation in any form. In addition, where a temporary or final order has been issued pursuant to this act, no party shall be ordered to participate in mediation on the issue of custody or parenting time.


b. In proceedings in which complaints for restraining orders have been filed, the court shall grant any relief necessary to prevent further abuse. In addition to any other provisions, any restraining order issued by the court shall bar the defendant from purchasing, owning, possessing or controlling a firearm and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3 during the period in which the restraining order is in effect or two years whichever is greater, except that this provision shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty. At the hearing the judge of the Family Part of the Chancery Division of the Superior Court may issue an order granting any or all of the following relief:


(1) An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.


(2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties. This order shall not in any manner affect title or interest to any real property held by either party or both jointly. If it is not possible for the victim to remain in the residence, the court may order the defendant to pay the victim's rent at a residence other than the one previously shared by the parties if the defendant is found to have a duty to support the victim and the victim requires alternative housing.


(3) An order providing for parenting time. The order shall protect the safety and well-being of the plaintiff and minor children and shall specify the place and frequency of parenting time. Parenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact between the plaintiff and defendant. Orders for parenting time may include a designation of a place of parenting time away from the plaintiff, the participation of a third party, or supervised parenting time.


(a) The court shall consider a request by a custodial parent who has been subjected to domestic violence by a person with parenting time rights to a child in the parent's custody for an investigation or evaluation by the appropriate agency to assess the risk of harm to the child prior to the entry of a parenting time order. Any denial of such a request must be on the record and shall only be made if the judge finds the request to be arbitrary or capricious.


(b) The court shall consider suspension of the parenting time order and hold an emergency hearing upon an application made by the plaintiff certifying under oath that the defendant's access to the child pursuant to the parenting time order has threatened the safety and well-being of the child.


(4) An order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence. The order may require the defendant to pay the victim directly, to reimburse the Victims of Crime Compensation Office for any and all compensation paid by the Victims of Crime Compensation Office directly to or on behalf of the victim, and may require that the defendant reimburse any parties that may have compensated the victim, as the court may determine. Compensatory losses shall include, but not be limited to, loss of earnings or other support, including child or spousal support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged or destroyed or taken by the defendant, cost of counseling for the victim, moving or other travel expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering. Where appropriate, punitive damages may be awarded in addition to compensatory damages.


(5) An order requiring the defendant to receive professional domestic violence counseling from either a private source or a source appointed by the court and, in that event, requiring the defendant to provide the court at specified intervals with documentation of attendance at the professional counseling. The court may order the defendant to pay for the professional counseling. No application by the defendant to dissolve a final order which contains a requirement for attendance at professional counseling pursuant to this paragraph shall be granted by the court unless, in addition to any other provisions required by law or conditions ordered by the court, the defendant has completed all required attendance at such counseling.


(6) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members.


(7) An order restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.


(8) An order requiring that the defendant make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members; provided that this issue has not been resolved or is not being litigated between the parties in another action.


(9) An order granting either party temporary possession of specified personal property, such as an automobile, checkbook, documentation of health insurance, an identification document, a key, and other personal effects.


(10) An order awarding emergency monetary relief, including emergency support for minor children, to the victim and other dependents, if any. An ongoing obligation of support shall be determined at a later date pursuant to applicable law.


(11) An order awarding temporary custody of a minor child. The court shall presume that the best interests of the child are served by an award of custody to the non-abusive parent.


(12) An order requiring that a law enforcement officer accompany either party to the residence or any shared business premises to supervise the removal of personal belongings in order to ensure the personal safety of the plaintiff when a restraining order has been issued. This order shall be restricted in duration.


(13) (Deleted by amendment, P.L.1995, c. 242).


(14) An order granting any other appropriate relief for the plaintiff and dependent children, provided that the plaintiff consents to such relief, including relief requested by the plaintiff at the final hearing, whether or not the plaintiff requested such relief at the time of the granting of the initial emergency order.


(15) An order that requires that the defendant report to the intake unit of the Family Part of the Chancery Division of the Superior Court for monitoring of any other provision of the order.


(16) In addition to the order required by this subsection prohibiting the defendant from possessing any firearm, the court may also issue an order prohibiting the defendant from possessing any other weapon enumerated in subsection r. of N.J.S.2C:39-1 and ordering the search for and seizure of any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order.


(17) An order prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person. Behavior prohibited under this act includes, but is not limited to, behavior prohibited under the provisions of P.L.1992, c. 209 (C.2C:12-10).


(18) An order requiring the defendant to undergo a psychiatric evaluation.


(19) An order directing the possession of any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household. Where a person has abused or threatened to abuse such animal, there shall be a presumption that possession of the animal shall be awarded to the non-abusive party.


c. Notice of orders issued pursuant to this section shall be sent by the clerk of the Family Part of the Chancery Division of the Superior Court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency.


d. Upon good cause shown, any final order may be dissolved or modified upon application to the Family Part of the Chancery Division of the Superior Court, but only if the judge who dissolves or modifies the order is the same judge who entered the order, or has available a complete record of the hearing or hearings on which the order was based.


e. Prior to the issuance of any order pursuant to this section, the court shall order that a search be made of the domestic violence central registry.



CREDIT(S)


L.1991, c. 261, § 13, eff. Nov. 12, 1991. Amended by L.1994, c. 94, § 5, eff. Aug. 11, 1994; L.1994, c. 137, § 2, eff. Oct. 31, 1994; L.1995, c. 242, § 1, eff. Sept. 1, 1995; L.1997, c. 299, § 8, eff. Jan. 8, 1998; L.1999, c. 236, § 2, eff. Oct. 13, 1999; L.1999, c. 421, § 4, eff. Jan. 18, 2000; L.2003, c. 277, § 2, eff. Jan. 14, 2004; L.2011, c. 213, § 4, eff. Jan. 17, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-29.1

Effective: January 29, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-29.1. Civil penalty


In addition to any other disposition, any person found by the court in a final hearing pursuant to section 13 of P.L.1991, c. 261 (C.2C: 25-29) to have committed an act of domestic violence shall be ordered by the court to pay a civil penalty of at least $50, but not to exceed $500. In imposing this civil penalty, the court shall take into consideration the nature and degree of injury suffered by the victim. The court may waive the penalty in cases of extreme financial hardship.



CREDIT(S)


L.2001, c. 195, § 1, eff. Jan. 29, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-29.2

Effective: January 29, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-29.2. Penalties collected to be deposited in Domestic Violence Victims' Fund


All civil penalties imposed pursuant to section 1 of P.L.2001, c. 195 (C.2C:25-29.1 et al.) shall be collected as provided by the Rules of Court. All moneys collected shall be forwarded to the Domestic Violence Victims' Fund established pursuant to section 3 of P.L.2001, c. 195 (C.30:14-15).



CREDIT(S)


L.2001, c. 195, § 2, eff. Jan. 29, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-29.3

Effective: August 2, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-29.3. Rules of Court


The Supreme Court may promulgate Rules of Court to effectuate the purposes of this act.



CREDIT(S)


L.2001, c. 195, § 4, eff. Aug. 2, 2001.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-29.4

Effective: July 1, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-29.4. Surcharge on penalty for domestic violence


In addition to any other penalty, fine or charge imposed pursuant to law, a person convicted of an act of domestic violence, as that term is defined by subsection a. of section 3 of P.L.1991, c. 261 (C.2C:25-19), shall be subject to a surcharge in the amount of $100 payable to the Treasurer of the State of New Jersey for use by the Department of Human Services to fund grants for domestic violence prevention, training and assessment.



CREDIT(S)


L.2002, c. 34, § 50, eff. July 1, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-30

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-30. Violation of order; contempt proceedings; subsequent offenses


Except as provided below, a violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection b. of N.J.S. 2C:29-9 and each order shall so state. All contempt proceedings conducted pursuant to N.J.S. 2C:29-9 involving domestic violence orders, other than those constituting indictable offenses, shall be heard by the Family Part of the Chancery Division of the Superior Court. All contempt proceedings brought pursuant to P.L.1991, c. 261 (C. 2C:25-17 et seq.) shall be subject to any rules or guidelines established by the Supreme Court to guarantee the prompt disposition of criminal matters. Additionally, and notwithstanding the term of imprisonment provided in N.J.S. 2C:43-8, any person convicted of a second or subsequent nonindictable domestic violence contempt offense shall serve a minimum term of not less than 30 days. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of this act [FN1] shall be excluded from enforcement under subsection b. of N.J.S. 2C:29-9; however, violations of these orders may be enforced in a civil or criminal action initiated by the plaintiff or by the court, on its own motion, pursuant to applicable court rules.



CREDIT(S)


L.1991, c. 261, § 14, eff. Nov. 12, 1991. Amended by L.1994, c. 93, § 3, eff. Aug. 11, 1994; L.1994, c. 94, § 6, eff. Aug. 11, 1994.


[FN1] Section 2C:25-29.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-31

Effective: January 18, 2000


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-31. Contempt of order; arrest and custody of defendant


Where a law enforcement officer finds that there is probable cause that a defendant has committed contempt of an order entered pursuant to the provisions of P.L.1981, c. 426 (C.2C:25-1 et seq.) or P.L.1991, c. 261 (C.2C:25-17 et seq.), the defendant shall be arrested and taken into custody by a law enforcement officer. The law enforcement officer shall follow these procedures:


The law enforcement officer shall transport the defendant to the police station or such other place as the law enforcement officer shall determine is proper. The law enforcement officer shall:


a. Conduct a search of the domestic violence central registryand sign a complaint concerning the incident which gave rise to the contempt charge;


b. Telephone or communicate in person or by facsimile with the appropriate judge assigned pursuant to this act and request bail be set on the contempt charge;


c. If the defendant is unable to meet the bail set, take the necessary steps to insure that the defendant shall be incarcerated at police headquarters or at the county jail; and


d. During regular court hours, the defendant shall have bail set by a Superior Court judge that day. On weekends, holidays and other times when the court is closed, the officer shall arrange to have the clerk of the Family Part notified on the next working day of the new complaint, the amount of bail, the defendant's whereabouts and all other necessary details. In addition, if a municipal court judge set the bail, the arresting officer shall notify the clerk of that municipal court of this information.



CREDIT(S)


L.1991, c. 261, § 15, eff. Nov. 12, 1991. Amended by L.1994, c. 94, § 7, eff. Aug. 11, 1994; L.1999, c. 421, § 5, eff. Jan. 18, 2000.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-32

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-32. Lack of probable cause for arrest for contempt; advice and assistance to victim


Where a person alleges that a defendant has committed contempt of an order entered pursuant to the provisions of P.L.1981, c. 426 (C.2C:25-1 et seq.) or P.L.1991, c. 261, but where a law enforcement officer has found that there is not probable cause sufficient to arrest the defendant, the law enforcement officer shall advise the complainant of the procedure for completing and signing a criminal complaint alleging a violation of N.J.S. 2C:29-9. During regular court hours, the assistance of the clerk of the Family Part of the Chancery Division of the Superior Court shall be made available to such complainants. Nothing in this section shall be construed to prevent the court from granting any other emergency relief it deems necessary.



CREDIT(S)


L.1991, c. 261, § 16, eff. Nov. 12, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-33

Effective: January 18, 2000


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-33. Uniform record of applications for relief; information included; confidentiality


a. The Administrative Office of the Courts shall, with the assistance of the Attorney General and the county prosecutors, maintain a uniform record of all applications for relief pursuant to sections 9, 10, 11, 12, and 13 of P.L.1991, c. 261 (C.2C:25-25, C.2C:25-26, C.2C:25-27, C.2C:25-28, and C.2C:25-29). The record shall include the following information:


(1) The number of criminal and civil complaints filed in all municipal courts and the Superior Court;


(2) The sex of the parties;


(3) The relationship of the parties;


(4) The relief sought or the offense charged, or both;


(5) The nature of the relief granted or penalty imposed, or both, including, but not limited to, the following:


(a) custody;


(b) child support;


(c) the specific restraints ordered;


(d) any requirements or conditions imposed pursuant to paragraphs (1) through (18) of subsection b. of section 13 of P.L.1991, c. 261 (C.2C:25-29), including but not limited to professional counseling or psychiatric evaluations;


(6) The effective date of each order issued; and


(7) In the case of a civil action in which no permanent restraints are entered, or in the case of a criminal matter that does not proceed to trial, the reason or reasons for the disposition.


It shall be the duty of the Director of the Administrative Office of the Courts to compile and report annually to the Governor, the Legislature and the Advisory Council on Domestic Violence on the data tabulated from the records of these orders.


All records maintained pursuant to this act shall be confidential and shall not be made available to any individual or institution except as otherwise provided by law.


b. In addition to the provisions of subsection a. of this section, the Administrative Office of the Courts shall, with the assistance of the Attorney General and the county prosecutors, create and maintain uniform forms to record sentencing, bail conditions and dismissals. The forms shall be used by the Superior Court and by every municipal court to record any order in a case brought pursuant to this act. Such recording shall include but not be limited to, the specific restraints ordered, any requirements or conditions imposed on the defendant, and any conditions of bail.



CREDIT(S)


L.1991, c. 261, § 17, eff. Nov. 12, 1991. Amended by L.1994, c. 94, § 8, eff. Aug. 11, 1994; L.1999, c. 119, § 1, eff. June 9, 1999; L.1999, c. 421, § 6, eff. Jan. 18, 2000.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-34

Effective: June 29, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-34. Domestic violence restraining orders; central registry


The Administrative Office of the Courts shall establish and maintain a central registry of all persons who have had domestic violence restraining orders entered against them, all persons who have been charged with a crime or offense involving domestic violence, and all persons who have been charged with a violation of a court order involving domestic violence. All records made pursuant to this section shall be kept confidential and shall be released only to:


a. A public agency authorized to investigate a report of domestic violence;


b. A police or other law enforcement agency investigating a report of domestic violence, or conducting a background investigation involving a person's application for a firearm permit or employment as a police or law enforcement officer or for any other purpose authorized by law or the Supreme Court of the State of New Jersey;


c. A court, upon its finding that access to such records may be necessary for determination of an issue before the court;


d. A surrogate, in that person's official capacity as deputy clerk of the Superior Court, in order to prepare documents that may be necessary for a court to determine an issue in an adoption proceeding; or


e. The Division of Child Protection and Permanency in the Department of Children and Families when the division is conducting a background investigation involving:


(1) an allegation of child abuse or neglect, to include any adult member of the same household as the individual who is the subject of the abuse or neglect allegation; or


(2) an out-of-home placement for a child being placed by the Division of Child Protection and Permanency, to include any adult member of the prospective placement household.


Any individual, agency, surrogate, or court which receives from the Administrative Office of the Courts the records referred to in this section shall keep the records and reports, or parts thereof, confidential and shall not disseminate or disclose such records and reports, or parts thereof; provided that nothing in this section shall prohibit a receiving individual, agency, surrogate or court from disclosing records and reports, or parts thereof, in a manner consistent with and in furtherance of the purpose for which the records and reports or parts thereof were received.


Any individual who disseminates or discloses a record or report, or parts thereof, of the central registry, for a purpose other than investigating a report of domestic violence, conducting a background investigation involving a person's application for a firearm permit or employment as a police or law enforcement officer, making a determination of an issue before the court, conducting a background investigation as specified in subsection e. of this section, or for any other purpose other than that which is authorized by law or the Supreme Court of the State of New Jersey, shall be guilty of a crime of the fourth degree.



CREDIT(S)


L.1999, c. 421, § 1, eff. Jan. 18, 2000. Amended by L.2003, c. 286, § 1, eff. Jan. 14, 2004; L.2006, c. 47, § 26, eff. July 1, 2006; L.2012, c. 16, § 9, eff. June 29, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:25-35

Effective: January 18, 2000


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence (Refs & Annos)

2C:25-35. Rules of Court


The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.



CREDIT(S)


L.1999, c. 421, § 7, eff. Jan. 18, 2000.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.


Chapter 24. Offenses Against the Family, Children and Incompetents

Tags:11 NJ (2.8%)

N.J.S.A. 2C:24-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 24. Offenses Against the Family, Children and Incompetents (Refs & Annos)

2C:24-1. Bigamy


a. Bigamy. A married person is guilty of bigamy, a disorderly persons offense, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage:


(1) The actor believes that the prior spouse is dead;


(2) The actor and the prior spouse have been living apart for 5 consecutive years throughout which the prior spouse was not known by the actor to be alive;


(3) A court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid; or


(4) The actor reasonably believes that he is legally eligible to remarry.


b. Other party to bigamous marriage. A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy.



CREDIT(S)


L.1978, c. 95, § 2C:24-1, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:24-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 24. Offenses Against the Family, Children and Incompetents (Refs & Annos)

2C:24-2, 2C:24-3. Blank


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:24-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 24. Offenses Against the Family, Children and Incompetents (Refs & Annos)

2C:24-2, 2C:24-3. Blank


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:24-4

Effective: December 28, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 24. Offenses Against the Family, Children and Incompetents (Refs & Annos)

2C:24-4. Endangering welfare of children


a. Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c. 119, s.1 (C.9:6-8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.


b. (1) As used in this subsection:


“Child” means any person under 16 years of age.


“Internet” means the international computer network of both federal and non-federal interoperable packet switched data networks.


“Prohibited sexual act” means


(a) Sexual intercourse; or


(b) Anal intercourse; or


(c) Masturbation; or


(d) Bestiality; or


(e) Sadism; or


(f) Masochism; or


(g) Fellatio; or


(h) Cunnilingus;


(i) Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction ; or


(j) Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.


“Reproduction” means, but is not limited to, computer generated images.


(2) (Deleted by amendment, P.L.2001, c. 291).


(3) A person commits a crime of the second degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance. If the person is a parent, guardian or other person legally charged with the care or custody of the child, the person shall be guilty of a crime of the first degree.


(4) Any person who photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act is guilty of a crime of the second degree.


(5) (a) Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer, through any means, including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, is guilty of a crime of the second degree.


(b) Any person who knowingly possesses or knowingly views any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet, is guilty of a crime of the fourth degree.


(6) For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 16 in any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction shall be rebuttably presumed to be under the age of 16. If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act is under the age of 16, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 16, nor shall it be a defense that the actor believed that the child was 16 years of age or older, even if such a mistaken belief was reasonable.



CREDIT(S)


L.1978, c. 95, § 2C:24-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 46, eff. Sept. 1, 1979; L.1983, c. 494, § 1, eff. Jan. 17, 1984; L.1992, c. 2, § 1, eff. April 2, 1992; L.1992, c. 6, § 1, eff. May 13, 1992; L.1995, c. 109, § 1, eff. June 1, 1995; L.1998, c. 126, § 1, eff. May 1, 1999; L.2001, c. 291, § 1, eff. Dec. 28, 2001, retroactive to May 1, 1999.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:24-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 24. Offenses Against the Family, Children and Incompetents (Refs & Annos)

2C:24-5. Willful nonsupport


A person commits a crime of the fourth degree if he willfully fails to provide support which he can provide and which he knows he is legally obliged to provide to a spouse, child or other dependent. In addition to the sentence authorized by the code, the court may proceed under section 2C:62-1.



CREDIT(S)


L.1978, c. 95, § 2C:24-5, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:24-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 24. Offenses Against the Family, Children and Incompetents (Refs & Annos)

2C:24-6. Unlawful adoptions


Unlawful adoptions shall be governed by the provisions of Title 9 of the Revised Statutes.



CREDIT(S)


L.1978, c. 95, § 2C:24-6, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 46A, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:24-7

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 24. Offenses Against the Family, Children and Incompetents (Refs & Annos)

2C:24-7. Endangering the welfare of an incompetent person


A person is guilty of a disorderly persons offense when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself because of mental disease or defect.



CREDIT(S)


L.1978, c. 95, § 2C:24-7, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:24-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 24. Offenses Against the Family, Children and Incompetents (Refs & Annos)

2C:24-8. Endangering welfare of elderly or disabled


a. A person having a legal duty to care for or who has assumed continuing responsibility for the care of a person 60 years of age or older or a disabled adult, who abandons the elderly person or disabled adult or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the elderly person or disabled adult, is guilty of a crime of the third degree. For purposes of this section “abandon” means the willful desertion or forsaking of an elderly person or disabled adult.


b. A person shall not be considered to commit an offense under this section for the sole reason that he provides or permits to be provided nonmedical remedial treatment by spiritual means through prayer alone in lieu of medical care, in accordance with the tenets and practices of the elderly person's or disabled adult's established religious tradition, to an elderly person or disabled adult to whom he has a legal duty to care for or has assumed responsibility for the care of.


c. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this State.



CREDIT(S)


L.1989, c. 23, § 1, eff. Feb. 6, 1989. Amended by L.1999, c. 8, § 1, eff. Jan. 25, 1999.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:24-9

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 24. Offenses Against the Family, Children and Incompetents (Refs & Annos)

2C:24-9. Employing a juvenile in commission of a crime


a. Except as provided in P.L.1991, c. 81 (C.2C:20-17) and N.J.S.2C:35-6, any person who is at least 18 years of age who knowingly uses, solicits, directs, hires, employs or conspires with a person who is in fact 17 years of age or younger to commit a criminal offense is guilty of a crime.


b. An offense under this section constitutes a crime of the fourth degree if the underlying offense is a disorderly persons offense. Otherwise, an offense under this section shall be classified one degree higher than the underlying offense.


c. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction under this section shall not merge with a conviction for the underlying offense. Nor shall a conviction for the underlying offense merge with a conviction under this section. Nothing contained in this act shall prohibit the court from imposing an extended term of imprisonment pursuant to 2C:43-7; nor shall this be construed to preclude or limit a prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction for any offense.


d. It shall be no defense to a prosecution under this act that the actor mistakenly believed that the person which the actor used, solicited, directed, hired or employed was 18 years of age or older, even if such mistaken belief was reasonable.



CREDIT(S)


L.1998, c. 102, § 1, eff. Sept. 9, 1998.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 3, Ch. 25, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 3. Offenses Against Others

Chapter 25. Domestic Violence


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.


Chapter 273. Desertion, Non-Support and Illegitimacy

Tags:14 MA (2.1%)

M.G.L.A. Pt. IV, T. I, Ch. 273, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 1. Abandonment and nonsupport; failure to comply with support order; decree establishing rights of spouse as prima facie evidence


A spouse or parent shall be guilty of a felony and shall be subject to the penalties set forth in section fifteen A if:


(1) he abandons his spouse or minor child without making reasonable provisions for the support of his spouse or minor child or both of them; or


(2) he leaves the commonwealth and goes into another state without making reasonable provisions for the support of his spouse or minor child or both of them; or


(3) he enters the commonwealth from another state without making reasonable provisions for the support of his spouse or minor child, or both of them, domiciled in another state; or


(4) wilfully and while having the financial ability or earning capacity to have complied, he fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states. No civil proceeding in any court shall be held to be a bar to a prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child or spouse to who, or on whose behalf, support is owed.


In a prosecution hereunder a decree or judgment of a probate court in a proceeding in which the defendant or spouse appeared or was personally served with process, establishing the right of his spouse to live apart or the freedom of such spouse to convey and deal with property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of such right.


CREDIT(S)


Amended by St.1939, c. 177, § 1; St.1954, c. 539; St.1957, c. 49; St.1971, c. 276; St.1971, c. 762; St.1977, c. 848, § 2; St.1986, c. 310, § 22; St.1993, c. 340, § 3; St.1993, c. 460, § 88; St.1995, c. 5, §§ 97, 98.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 2. Jurisdiction; venue; supervision of parent by municipal or district court probation officers


Proceedings under section one shall be begun if in the superior court, in the county in which is situated the place where the husband and wife last lived together or where the husband or wife or parent of the child is living, and, if begun in a district court, in the court having such place within its judicial district; provided, that such a proceeding for an offense committed within the territorial limits of the Boston, the Worcester, Bristol county or the Springfield juvenile court, as designated by section fifty-seven of chapter two hundred and eighteen, if founded upon the same allegations as a proceeding under sections twenty-four to twenty-seven, inclusive, of chapter one hundred and nineteen, may be brought, heard and disposed of in said juvenile courts. Such a proceeding for an offense committed within the territorial limits prescribed for the criminal jurisdiction of any court other than the courts within the territorial limits of the Boston, the Worcester, Bristol county and the Springfield juvenile courts, if founded upon the same allegations as a proceeding under said sections twenty-four to twenty-seven, inclusive, of chapter one hundred and nineteen, may be heard and disposed of in the juvenile session of the court. Any parent placed on probation in such a proceeding in any of said juvenile courts shall at the request of the justice thereof be supervised by the probation officers of the municipal or district courts located within the territorial limits of that juvenile court.


CREDIT(S)


Amended by St.1933, c. 224; St.1943, c. 87, § 1; St.1953, c. 319, § 31; St.1958, c. 200; St.1969, c. 859, § 24; St.1972, c. 731, § 20.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 3


Effective: July 8, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 3. Payment of fines


The court imposing a fine under section fifteen A may at any time order it paid in whole or in part to a probation officer, to be paid by him to the spouse or to the city, town, corporation, society or person actually supporting the spouse, child or children, or to the state treasurer for the use of the department of children and families if the child has been committed to said department.


CREDIT(S)


Amended by St.1977, c. 848, § 3; St.1978, c. 552, § 42; St.1993, c. 460, § 89; St.2008, c. 176, § 128, eff. July 8, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 4, 5. Repealed, 1986, 310, Sec. 23



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 4, 5. Repealed, 1986, 310, Sec. 23



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 6. Recognizance on release on probation; compliance with judgment or order for support; forfeiture


The court shall also have the power to release the defendant from custody on probation for a period so fixed, upon his or her entering into a recognizance, with or without surety, in such sum as the court may order and approve. The condition of the recognizance shall be such that if the defendant shall make his personal appearance in court whenever ordered to do so, and shall further comply with the terms of any currently enforceable judgment or order for support entered pursuant to any civil action, including an action for annulment, divorce, separate support, or paternity and support, under chapters two hundred and seven, two hundred and eight, two hundred and nine or two hundred and nine C, then such recognizance shall be void, otherwise of full force and effect. An order or judgment for support entered against the defendant in any such civil proceeding shall be deemed to be currently enforceable if the defendant is currently able to comply with said order or judgment and it is or would be enforceable pursuant to an action for contempt or otherwise as provided under said chapter in case of forfeiture of recognizance, and enforcement therefor by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part, to the spouse or parent of the child or to the person entitled to receive support.


CREDIT(S)


Amended by St.1986, c. 310, § 24.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 7. Evidence of marriage and parentage; husband and wife as witnesses; self incrimination; evidence of wilfulness; confidential communications


No other or greater evidence shall be required to prove the marriage of the husband and wife, or that the alleged father is the parent of the child, than may be required to prove the same facts in a civil action. In any prosecution begun under section one, both husband and wife shall be competent witnesses to testify against each other to any relevant matters, including the fact of their marriage and the parentage of the child; provided, that neither shall be compelled to give evidence incriminating himself. Proof of the desertion of the spouse or child, or of the neglect or refusal to make reasonable provision for their support and maintenance, shall be prima facie evidence that such desertion, neglect or refusal is wilful and without just cause. In no prosecution under sections one to ten, inclusive, shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply.


CREDIT(S)


Amended by St.1977, c. 848, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 8. Lack of custody as defence; duty to support child


In proceedings under sections one or fifteen against a parent, relative to any minor child, it shall not of itself be a defence that the defendant has ceased to have custody or the right to custody of such child on his own acquiescence or by judicial action. The legal duty of the parent or parents to support a minor child shall continue notwithstanding the absence of a court decree ordering them or either of them to pay for the support of said child and notwithstanding any court decree granting custody of such child to another.


CREDIT(S)


Amended by St.1953, c. 505; St.1960, c. 791; St.1993, c. 460, § 90.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 9. Repealed, 1938, 219, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 10. Uniform construction


Sections one to eight, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states enacting their provisions.


CREDIT(S)


Amended by St.1938, c. 219, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 11. Repealed, 1977, 848, Sec. 7



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 12 to 14. Repealed, 1986, 310, Sec. 25


DISPOSITION TABLE


Showing where the subject matter of the sections repealed by St.1986, c. 310, § 25, can be found in sections of Chapter 209C of the General Laws, enacted by § 16 of the same act.


Former Sections

New sections in c. 209C

12

3

 

 

4

 

 

8

 

 

12

12A

17

13

9

14

9

 

 

20


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 12A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 12 to 14. Repealed, 1986, 310, Sec. 25


DISPOSITION TABLE


Showing where the subject matter of the sections repealed by St.1986, c. 310, § 25, can be found in sections of Chapter 209C of the General Laws, enacted by § 16 of the same act.


Former Sections

New sections in c. 209C

12

3

 

 

4

 

 

8

 

 

12

12A

17

13

9

14

9

 

 

20


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 12 to 14. Repealed, 1986, 310, Sec. 25


DISPOSITION TABLE


Showing where the subject matter of the sections repealed by St.1986, c. 310, § 25, can be found in sections of Chapter 209C of the General Laws, enacted by § 16 of the same act.


Former Sections

New sections in c. 209C

12

3

 

 

4

 

 

8

 

 

12

12A

17

13

9

14

9

 

 

20


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 12 to 14. Repealed, 1986, 310, Sec. 25


DISPOSITION TABLE


Showing where the subject matter of the sections repealed by St.1986, c. 310, § 25, can be found in sections of Chapter 209C of the General Laws, enacted by § 16 of the same act.


Former Sections

New sections in c. 209C

12

3

 

 

4

 

 

8

 

 

12

12A

17

13

9

14

9

 

 

20


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 15. Duty to support child born out of wedlock; conclusiveness of adjudication or acknowledgment of paternity


A parent of a minor child born out of wedlock whether or not the child was born in the commonwealth who wilfully neglects or refuses to contribute reasonably to the support of the child or who leaves the commonwealth and goes into another state without making reasonable provision for the support of the child, or who enters the commonwealth from another state without making reasonable provision for the support of the child domiciled in another state, or who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states, shall be guilty of a felony and shall be subject to the penalties provided under section fifteen A. No civil proceeding in any court shall be held to be a bar to the prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child to whom, or on whose behalf, support is owed.


If there has been a voluntary acknowledgment of parentage or an adjudication of paternity under chapter two hundred and nine C or under any provision of this chapter in effect immediately prior to the effective date of this section or other law in this or any other jurisdiction, such acknowledgment or adjudication shall be conclusive on all persons in proceedings under this section. If there has been no adjudication or acknowledgment of paternity, proceedings under this section shall be stayed pending the conclusion of an action to establish paternity under chapter two hundred and nine C, which shall be commenced forthwith.


CREDIT(S)


Amended by St.1977, c. 848, § 6; St.1979, c. 621, § 2; St.1986, c. 310, § 26; St.1993, c. 460, § 91; St.1995, c. 5, §§ 99, 100.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 15A


Effective: December 8, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 15A. Abandonment and willful nonsupport; penalties; alternative sentencing; restitution


(1) The penalty for violation of sections one and fifteen of this chapter shall be by fine or by imprisonment or by both fine and imprisonment as specified below.


(2) A person who abandons his spouse or minor child without making reasonable provisions for the support of either or both of them or who is subject to an order or judgment for support pursuant to chapters one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three, or two hundred and nine D, or pursuant to similar laws of other states, who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with that order or judgment, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in jail or the house of correction for not more than two and one-half years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment.


(3) A person who leaves the commonwealth and goes into another state without making reasonable provisions for the support of a spouse or child, or who enters the commonwealth from another state without making reasonable provision for the support of a spouse or child domiciled in another state, shall be punished by imprisonment in the state prison for not more than ten years or by imprisonment in jail or the house of correction for not more than two and one-half years, or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment.


(4) In a prosecution under this chapter, the court may, upon conviction of the defendant, provide for alternative sentencing including (a) the suspension of the sentence upon and during the compliance by the defendant with any order for the support as already made or as thereafter modified, or (b) notwithstanding the provision of section six of chapter two hundred and seventy-nine, the imprisonment of the defendant only on designated weekends, evenings or holidays, provided, that such defendant retains employment and complies with such support orders.


(5) In a prosecution under this chapter the defendant may be ordered to make restitution to the spouse or the custodial parent or to the person or agency, including the department of public welfare, who is supporting or has supported the spouse or child for all sums expended on behalf of such spouse or child, provided that if the defendant establishes a lesser ability to have provided support, the amount of any liability imposed by this section shall be consistent with the defendant's prior ability to have paid support.


CREDIT(S)


Added by St.1986, c. 310, § 26. Amended by St.1993, c. 460, §§ 92 to 95; St.1995, c. 5, §§ 101 to 104; St.2005, c. 163, § 54, eff. Dec. 8, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 15B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 15B. Receiving, concealing or transferring assets for the purpose of avoiding payment; penalty


Whoever receives or conceals an asset of another knowing that said asset is being transferred for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to the provisions of chapter 119, 207, 208, 209, 209A, 209C, 209D or 273, or pursuant to any similar laws of other states, shall be punished by a fine of not more than $5,000 or by imprisonment in a jail or house of correction for not more than two and one-half years, or by both such fine and imprisonment; and whoever transfers an asset for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to said chapter 119, 207, 208, 209, 209A, 209C, 209D or 273, or pursuant to any similar laws of other states shall be punished by a fine of not more than $5,000 or by imprisonment in a jail or house of correction for not more than two and one-half years, or both such fine and imprisonment. The court may in the alternative to the foregoing punishment divert the defendant to a program as defined in section 1 of chapter 276A.


CREDIT(S)


Added by St.1998, c. 483, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 16. Proceedings under Secs. 1 and 15


The provisions of sections two, six, seven and ten shall apply in proceedings under sections one and fifteen.


CREDIT(S)


Amended by St.1977, c. 848, § 6; St.1993, c. 460, § 96.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 17. Dismissal of case


If the court having jurisdiction of a case under sections fifteen to eighteen, inclusive, becomes satisfied that the alleged father and the mother have married each other and the child has become or will be the legitimate child of the alleged father or that it is for the best interest of the child, the case may be dismissed and if the court certifies that it is for the best interests of the child, no further prosecution shall be maintained under any of said sections.


CREDIT(S)


Amended by St.1953, c. 163; St.1977, c. 848, § 6; St.1986, c. 310, § 27.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 18. Money forfeited or recovered upon recognizance or deposit used for support


If money is forfeited or recovered upon a recognizance or deposit in lieu thereof given in proceedings under sections fifteen to eighteen, inclusive, or any of them, the court in which such proceedings are pending may order such money paid to the probation officer and expended by him, under the direction of the court, for the support of the child.


CREDIT(S)


Amended by St.1977, c. 848, § 6; St.1986, c. 310, § 28.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 18A


Effective: July 8, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 18A. Support obligations under prior law; enforcement; insurance coverage; amended orders


(a) Any order issued by a court pursuant to sections one, five, or fifteen as those sections appeared prior to the effective date of this section directing the defendant to pay certain sums periodically to the probation officer as a condition of releasing the defendant from custody on probation, shall continue in full force and effect, subject to the jurisdiction of said court and to change from time to time as circumstances may require, for a period not exceeding six years from said date. A voluntary agreement relating to the support of a spouse or child or children previously executed by the defendant may be admitted as evidence of the defendant's support obligation. If the court finds that the obligation imposed by such agreement is reasonable in the circumstance, and that the defendant has failed to comply with its terms, the court may include in any subsequent order the payment of any part or all of the arrears which accrued under such agreement if the complaint includes the period of such arrearage; provided, however, that when such agreement is executed with the department of public welfare or with any official of the court, such agreement shall not be enforceable unless the defendant was informed in writing at the time he executed the agreement that the failure to comply with the support order would result in the commencement of criminal nonsupport proceedings under this chapter against him. The probation officer subject to the direction of the court, shall pay over payments received by him to the IV-D agency, as set forth in chapter one hundred and nineteen A, which shall in turn make payments to the spouse or guardian or custodian of the child, or to the city, town, corporation, society or person supporting the spouse or child, or to the state treasurer for the use of the department of children and families when the payments are for the support of a child committed to it. If the court is satisfied by due proof under oath that at any time the defendant has violated the terms of the order for payments, it may proceed to try the defendant upon the original charge, or sentence him under the original plea or conviction, or enforce the suspended sentence, as the case may be.


(b) When the court reviews or modifies an order for support on behalf of a spouse or child, said court shall determine whether the obligor under such order has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the spouse or child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor exercise the option of additional coverage in favor of the spouse and child or obtain coverage for the spouse and child.


(c) Each order for support reviewed, modified, or otherwise brought before the court pursuant to this section shall be amended so as to conform to and shall thereafter be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.


CREDIT(S)


Added by St.1986, c. 310, § 29. Amended by St.1988, c. 23, § 70; St.2008, c. 176, § 129, eff. July 8, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 19. Repealed, 1977, 848, Sec. 7



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 20. Neglect or refusal to support parent


Any person, over eighteen, who, being possessed of sufficient means, unreasonably neglects or refuses to provide for the support and maintenance of his parent, whether father or mother, residing in the commonwealth, when such parent through misfortune and without fault of his own is destitute of means of sustenance and unable by reason of old age, infirmity or illness to support and maintain himself, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both. No such neglect or refusal shall be deemed unreasonable as to a child who shall not during his minority have been reasonably supported by such parent, if such parent was charged with the duty so to do, nor as to a child who, being one of two or more children, has made proper and reasonable contribution toward the support of such parent.


CREDIT(S)


Amended by St.1973, c. 925, § 80.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 21. Venue; complainants


Proceedings under the preceding section shall be begun, if in the superior court, in the county in which is situated the place where the defendant or the parent lives, and, if begun in a district court, in the court having such place within its judicial district. Complaints in district courts under the preceding section may be made by any such parent, by any child of such parent or by the department of public welfare.


CREDIT(S)


Amended by St.1974, c. 260, § 32.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 22. Orders; applicability of Secs. 1 to 10 of this chapter


Before trial, with the consent of the defendant, or after entry of a plea of guilty or nolo contendere, or after conviction, the court may make for the benefit of such destitute parent orders similar to those provided by section five; and the practice established by the first ten sections of this chapter shall, so far as applicable, apply to proceedings under this and the two preceding sections.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 23. Needy disabled persons; neglect or refusal of parents to support; penalty


The father or mother of any needy disabled person who unreasonably neglects or refuses to provide for the support and maintenance of such person shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, or both.


CREDIT(S)


Added by St.1959, c. 402.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 273A, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed]


DISPOSITION TABLE


Showing where the subject matter of Chapter 273A, added by St.1951, c. 657, § 1, and stricken out by St.1954, c. 556, § 1, can now be found in the new sections enacted thereby.


Former Sections

New Sections

1

1

2

2

3

3

4

4

5

5

6

6

7

7

8

8

9

9

10

10

11

11

12

12

13

13

14

14

15

16

16

17

17

15

DISPOSITION TABLE


Showing where the subject matter of Chapter 273A, added by St.1954, c. 556, § 1, as amended, consisting of §§ 1 to 17, and stricken out by St.1995, c. 5, § 105, can be found in new §§ 1-101 to 9-902 of new Chapter two hundred and nine D enacted by § 87 of the same act.


Former Sections

New c. 209D Sections

1

1-101

2

1-103

3

--

3A

2-206

4

--

5

--

6

2-206

7

6-602

8

2-205

9

6-605

10

3-305

10A

6-603

11

3-305

12

3-305

13

--

14

--

15

3-313

15A

3-313

15B

--

16

--

17

9-901

Section 3, which related to enforcement of the duty of support regardless of presence or residence of the obligee, was derived from G.L. c. 273A, § 3, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 4, which related to enforceability of duties of support was derived from G.L. c. 273A, § 4, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 5, which related to the right of a state or political division to commence proceedings, was derived from G.L. c. 273A, § 5, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 13, which related to receipt and transfer of payments to the court of an initiating state by a probation officer, was derived from G.L. c. 273A, § 13, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 14, which related to the receipt and disbursement of payments, was derived from G.L. c. 273A, § 14, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 15B, which related to the procedure for appeals, was derived from St.1993, c. 460, § 103.


Section 16, which related to the partial invalidity of the chapter, was derived from G.L. c. 273A, § 17, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.



Current through Chapter 20 of the 2013 1st Annual Session


Chapter 568. Offenses Against the Family

Tags:18 MO (1.9%)

V.A.M.S. T. XXXVIII, Ch. 568, Refs & Annos


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.010


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.010. Bigamy


1. A married person commits the crime of bigamy if he:


(1) Purports to contract another marriage; or


(2) Cohabits in this state after a bigamous marriage in another jurisdiction.


2. A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he reasonably believes that he is legally eligible to remarry.


3. The defendant shall have the burden of injecting the issue of reasonable belief of eligibility to remarry.


4. An unmarried person commits the crime of bigamy if he


(1) Purports to contract marriage knowing that the other person is married; or


(2) Cohabits in this state after a bigamous marriage in another jurisdiction.


5. Bigamy is a class A misdemeanor.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.020


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.020. Incest


1. A person commits the crime of incest if he marries or purports to marry or engages in sexual intercourse or deviate sexual intercourse with a person he knows to be, without regard to legitimacy:


(1) His ancestor or descendant by blood or adoption; or


(2) His stepchild, while the marriage creating that relationship exists; or


(3) His brother or sister of the whole or half-blood; or


(4) His uncle, aunt, nephew or niece of the whole blood.


2. Incest is a class D felony.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979. Amended by L.1979, S.B. No. 234, § 1, eff. June 15, 1979; L.2006, H.B. Nos. 1698, 1236, 995, 1362 & 1290, § A, eff. June 5, 2006.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.030


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.030. Abandonment of child in the first degree, penalty


1. A person commits the crime of abandonment of a child in the first degree if, as a parent, guardian or other person legally charged with the care or custody of a child less than four years old, he leaves the child in any place with purpose wholly to abandon it, under circumstances which are likely to result in serious physical injury or death.


2. Abandonment of a child in the first degree is a class B felony.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979. Amended by L.1995, H.B. No. 160, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.032


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.032. Abandonment of child, second degree--penalty


1. A person commits the crime of abandonment of a child in the second degree if, as a parent, guardian or other person legally charged with the care or custody of a child less than eight years old, he leaves the child in any place with purpose wholly to abandon it, under circumstances which are likely to result in serious physical injury or death.


2. Abandonment of a child in the second degree is a class D felony.


CREDIT(S)


(L.1995, H.B. No. 160, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.040


Effective: August 28, 2011


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.040. Criminal nonsupport, penalty--payment of support as a condition of parole--prosecuting attorneys to report cases to family support division


1. A person commits the crime of nonsupport if such person knowingly fails to provide adequate support for his or her spouse; a parent commits the crime of nonsupport if such parent knowingly fails to provide adequate support which such parent is legally obligated to provide for his or her child or stepchild who is not otherwise emancipated by operation of law.


2. For purposes of this section:


(1) “Child” means any biological or adoptive child, or any child whose paternity has been established under chapter 454, or chapter 210, or any child whose relationship to the defendant has been determined, by a court of law in a proceeding for dissolution or legal separation, to be that of child to parent;


(2) “Good cause” means any substantial reason why the defendant is unable to provide adequate support. Good cause does not exist if the defendant purposely maintains his inability to support;


(3) “Support” means food, clothing, lodging, and medical or surgical attention;


(4) It shall not constitute a failure to provide medical and surgical attention, if nonmedical remedial treatment recognized and permitted under the laws of this state is provided.


3. Inability to provide support for good cause shall be an affirmative defense under this section. A person who raises such affirmative defense has the burden of proving the defense by a preponderance of the evidence.


4. The defendant shall have the burden of injecting the issues raised by subdivision (4) of subsection 2 of this section.


5. Criminal nonsupport is a class A misdemeanor, unless the total arrearage is in excess of an aggregate of twelve monthly payments due under any order of support issued by any court of competent jurisdiction or any authorized administrative agency, in which case it is a class D felony.


6. If at any time a defendant convicted of criminal nonsupport is placed on probation or parole, there may be ordered as a condition of probation or parole that the defendant commence payment of current support as well as satisfy the arrearages. Arrearages may be satisfied first by making such lump sum payment as the defendant is capable of paying, if any, as may be shown after examination of defendant's financial resources or assets, both real, personal, and mixed, and second by making periodic payments. Periodic payments toward satisfaction of arrears when added to current payments due may be in such aggregate sums as is not greater than fifty percent of the defendant's adjusted gross income after deduction of payroll taxes, medical insurance that also covers a dependent spouse or children, and any other court or administrative ordered support, only. If the defendant fails to pay the current support and arrearages as ordered, the court may revoke probation or parole and then impose an appropriate sentence within the range for the class of offense that the defendant was convicted of as provided by law, unless the defendant proves good cause for the failure to pay as required under subsection 3 of this section.


7. During any period that a nonviolent defendant is incarcerated for criminal nonsupport, if the defendant is ready, willing, and able to be gainfully employed during said period of incarceration, the defendant, if he or she meets the criteria established by the department of corrections, may be placed on work release to allow the defendant to satisfy defendant's obligation to pay support. Arrearages shall be satisfied as outlined in the collection agreement.


8. Beginning August 28, 2009, every nonviolent first- and second-time offender then incarcerated for criminal nonsupport, who has not been previously placed on probation or parole for conviction of criminal nonsupport, may be considered for parole, under the conditions set forth in subsection 6 of this section, or work release, under the conditions set forth in subsection 7 of this section.


9. Beginning January 1, 1991, every prosecuting attorney in any county which has entered into a cooperative agreement with the child support enforcement service of the family support division of the department of social services shall report to the division on a quarterly basis the number of charges filed and the number of convictions obtained under this section by the prosecuting attorney's office on all IV-D cases. The division shall consolidate the reported information into a statewide report by county and make the report available to the general public.


10. Persons accused of committing the offense of nonsupport of the child shall be prosecuted:


(1) In any county in which the child resided during the period of time for which the defendant is charged; or


(2) In any county in which the defendant resided during the period of time for which the defendant is charged.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979. Amended by L.1990, S.B. No. 834, § A; L.1993, S.B. No. 253, § A; L.2009, S.B. No. 140, § A; L.2011, H.B. No. 111, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.045


Effective: August 28, 2009


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.045. Endangering the welfare of a child in the first degree, penalties


1. A person commits the crime of endangering the welfare of a child in the first degree if:


(1) The person knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years old; or


(2) The person knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise charged with the care and custody;


(3) The person knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 195, RSMo;


(4) Such person enlists the aid, either through payment or coercion, of a person less than seventeen years of age to unlawfully manufacture, compound, produce, prepare, sell, transport, test or analyze amphetamine or methamphetamine or any of their analogues, or to obtain any material used to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues; or


(5) Such person, in the presence of a person less than seventeen years of age or in a residence where a person less than seventeen years of age resides, unlawfully manufactures, or attempts to manufacture compounds, possesses, produces, prepares, sells, transports, tests or analyzes amphetamine or methamphetamine or any of their analogues.


2. Endangering the welfare of a child in the first degree is a class C felony unless the offense is committed as part of a ritual or ceremony, or except on a second or subsequent offense, in which case the crime is a class B felony.


3. This section shall be known as “Hope's Law”.


CREDIT(S)


(L.1990, H.B.Nos. 1370, 1037 & 1084, § A; L.1994, S.B. No. 693, § A, eff. Jan. 1, 1995. Amended by L.1998, H.B. No. 1147, § A; L.2003, S.B. No. 5, § A, eff. June 27, 2003; L.2005, H.B. No. 353, § A; L.2009, H.B. No. 62, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.050


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.050. Endangering the welfare of a child in the second degree


1. A person commits the crime of endangering the welfare of a child in the second degree if:


(1) He or she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen years old; or


(2) He or she knowingly encourages, aids or causes a child less than seventeen years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031, RSMo; or


(3) Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen years old, he or she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (c) of subdivision (1) of subsection 1 or paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031, RSMo; or


(4) He or she knowingly encourages, aids or causes a child less than seventeen years of age to enter into any room, building or other structure which is a public nuisance as defined in section 195.130, RSMo; or


(5) He or she operates a vehicle in violation of subdivision (2) or (3) of subsection 1 of section 565.024, RSMo, subdivision (4) of subsection 1 of section 565.060, RSMo, section 577.010, RSMo, or section 577.012, RSMo, while a child less than seventeen years old is present in the vehicle.


2. Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that he or she is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.


3. Endangering the welfare of a child in the second degree is a class A misdemeanor unless the offense is committed as part of a ritual or ceremony, in which case the crime is a class D felony.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979. Amended by L.1984, p. 758, H.B. No. 1616, § 1, eff. June 18, 1984; L.1988, H.B. Nos. 1340 & 1348, § A; L.1990, H.B. No. 1030, § A; L.1990, H.B. Nos. 1370, 1037 & 1084, § A; L.2005, H.B. No. 972, § A; L.2005, H.B. No. 353, § A; L.2005, S.B. Nos. 37, 322, 78, 351 & 424, A; L.2005, 1st Ex.Sess., H.B. No. 2, § A, eff. Sept. 15, 2005.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.052


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.052. Leaving a child unattended in a motor vehicles who causes an accident--first and second degree, penalties


1. As used in this section, the following terms mean:


(1) “Collision”, the act of a motor vehicle coming into contact with an object or a person;


(2) “Injury”, physical harm to the body of a person;


(3) “Motor vehicle”, any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks;


(4) “Unattended”, not accompanied by an individual fourteen years of age or older.


2. A person commits the crime of leaving a child unattended in a motor vehicle in the first degree if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle and such child fatally injures another person by causing a motor vehicle collision or by causing the motor vehicle to fatally injure a pedestrian. Such person shall be guilty of a class C felony.


3. A person commits the crime of leaving a child unattended in a motor vehicle in the second degree if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian. Such person shall be guilty of a class A misdemeanor.


CREDIT(S)


(L.2000, S.B. Nos. 757 & 602, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.060


Effective: August 28, 2012


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.060. Abuse or neglect of a child, penalty


1. As used in this section, the following terms shall mean:


(1) “Abuse”, the infliction of physical, sexual, or mental injury against a child by any person eighteen years of age or older. For purposes of this section, abuse shall not include injury inflicted on a child by accidental means by a person with care, custody, or control of the child, or discipline of a child by a person with care, custody, or control of the child, including spanking, in a reasonable manner;


(2) “Abusive head trauma”, a serious physical injury to the head or brain caused by any means, including but not limited to shaking, jerking, pushing, pulling, slamming, hitting, or kicking;


(3) “Mental injury”, an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior;


(4) “Neglect”, the failure to provide, by those responsible for the care, custody, and control of a child under the age of eighteen years, the care reasonable and necessary to maintain the physical and mental health of the child, when such failure presents a substantial probability that death or physical injury or sexual injury would result;


(5) “Physical injury”, physical pain, illness, or any impairment of physical condition, including but not limited to bruising, lacerations, hematomas, welts, or permanent or temporary disfigurement and impairment of any bodily function or organ;


(6) “Serious emotional injury”, an injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive, or physical condition. Serious emotional injury shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty;


(7) “Serious physical injury”, a physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.


2. A person commits the offense of abuse or neglect of a child if such person knowingly causes a child who is less than eighteen years of age:


(1) To suffer physical or mental injury as a result of abuse or neglect; or


(2) To be placed in a situation in which the child may suffer physical or mental injury as the result of abuse or neglect.


3. A person commits the offense of abuse or neglect of a child if such person recklessly causes a child who is less than eighteen years of age to suffer from abusive head trauma.


4. A person does not commit the offense of abuse or neglect of a child by virtue of the sole fact that the person delivers or allows the delivery of child to a provider of emergency services.


5. The offense of abuse or neglect of a child is a class C felony, without eligibility for probation or parole until the defendant has served no less than one year of such sentence, unless the person has previously been found guilty of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct or the injury inflicted on the child is a serious emotional injury or a serious physical injury, in which case abuse or neglect of a child is a class B felony, without eligibility for probation or parole until the defendant has served not less than five years of such sentence.


6. Notwithstanding subsection 5 of this section to the contrary, the offense of abuse or neglect of a child is a class A felony, without eligibility for probation or parole until the defendant has served not less than fifteen years of such sentence, if:


(1) The injury is a serious emotional injury or a serious physical injury;


(2) The child is less than fourteen years of age; and


(3) The injury is the result of sexual abuse as defined under section 566.100 or sexual exploitation of a minor as defined under section 573.023.


7. The circuit or prosecuting attorney may refer a person who is suspected of abuse or neglect of a child to an appropriate public or private agency for treatment or counseling so long as the agency has consented to taking such referrals. Nothing in this subsection shall limit the discretion of the circuit or prosecuting attorney to prosecute a person who has been referred for treatment or counseling pursuant to this subsection.


8. Nothing in this section shall be construed to alter the requirement that every element of any crime referred to herein must be proven beyond a reasonable doubt.


9. Discipline, including spanking administered in a reasonable manner, shall not be construed to be abuse under this section.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979. Amended by L.1984, p. 753, H.B. No. 1255, § 1; L.1990, H.B. Nos. 1370, 1037 & 1084, § A; L.1997, S.B. No. 56, § A; L.2012, S.B. No. 628, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.065


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.065. Genital mutilation of a female child, penalty--affirmative defenses


1. A person commits the crime of genital mutilation if such person:


(1) Excises or infibulates, in whole or in part, the labia majora, labia minora, vulva or clitoris of a female child less than seventeen years of age; or


(2) Is a parent, guardian or other person legally responsible for a female child less than seventeen years of age and permits the excision or infibulation, in whole or in part, of the labia majora, labia minora, vulva or clitoris of such female child.


2. Genital mutilation is a class B felony.


3. Belief that the conduct described in subsection 1 of this section is required as a matter of custom, ritual or standard practice, or consent to the conduct by the child on whom it is performed or by the child's parent or legal guardian, shall not be an affirmative defense to a charge pursuant to this section.


4. It is an affirmative defense that the defendant engaged in the conduct charged which constitutes genital mutilation if the conduct was:


(1) Necessary to preserve the health of the child on whom it is performed and is performed by a person licensed to practice medicine in this state; or


(2) Performed on a child who is in labor or who has just given birth and is performed for medical purposes connected with such labor or birth by a person licensed to practice medicine in this state.


CREDIT(S)


(L.2000, S.B. Nos. 757 & 602, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.070


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.070. Unlawful transactions with a child


1. A person commits the crime of unlawful transactions with a child if:


(1) Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, he with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor, unless the child's custodial parent or guardian has consented in writing to the transaction; or


(2) He knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in chapter 195, RSMo, is maintained or conducted; or


(3) He with criminal negligence sells blasting caps, bulk gunpowder, or explosives to a child under the age of seventeen, or fireworks as defined in section 320.110, RSMo, to a child under the age of fourteen, unless the child's custodial parent or guardian has consented in writing to the transaction. Criminal negligence as to the age of the child is not an element of this crime.


2. Unlawful transactions with a child is a class B misdemeanor.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.080


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.080. Child used in sexual performance, penalties


1. A person commits the crime of use of a child in a sexual performance if, knowing the character and content thereof, the person employs, authorizes, or induces a child less than seventeen years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in such sexual performance.


2. Use of a child in a sexual performance is a class C felony, unless in the course thereof the person inflicts serious emotional injury on the child, in which case the crime is a class B felony.


CREDIT(S)


(L.1984, p. 753, H.B. No. 1255, § 1.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.090


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.090. Promoting sexual performance by a child, penalties


1. A person commits the crime of promoting a sexual performance if, knowing the character and content thereof, the person promotes a sexual performance by a child less than seventeen years of age or produces, directs, or promotes any performance which includes sexual conduct by a child less than seventeen years of age.


2. Promoting a sexual performance is a class C felony.


CREDIT(S)


(L.1984, p. 753, H.B. No. 1255, § 1.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.100


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.100. Factors to consider in establishing age of child participating in sexual performances--testimony may be videotaped, when


1. When it becomes necessary for the purposes of section 568.060, 568.080 or 568.090 to determine whether a child who participated in a sexual performance was younger than seventeen years of age, the court or jury may make this determination by any of the following methods:


(1) Personal inspection of the child;


(2) Inspection of the photograph or motion picture that shows the child engaging in the sexual performance;


(3) Oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;


(4) Expert medical testimony based on the appearance of the child engaging in the sexual performance; or


(5) Any other method authorized by law or by the rules of evidence.


2. When it becomes necessary for the purposes of section 568.060, 568.080 or 568.090 to determine whether a child who participated in the sexual conduct consented to the conduct, the term “consent” shall have the meaning given it in section 556.061, RSMo.


3. Upon request of the prosecuting attorney, the court may order that the child's testimony be videotaped pursuant to section 492.303, RSMo, or as otherwise provided by law.


CREDIT(S)


(L.1984, p. 753, H.B. No. 1255, § 1. Amended by L.1987, H.B.Nos. 113, 501 & 668, § A, eff. July 15, 1987.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.110


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.110. Professional’s duty to report on film, photographs, videotapes, failure to report, penalty--exceptions


1. Any film and photographic print processor, computer provider, installer or repair person, or any Internet service provider who has knowledge of or observes, within the scope of the person's professional capacity or employment, any film, photograph, videotape, negative, slide, or computer-generated image or picture depicting a child under the age of eighteen years engaged in an act of sexual conduct shall report such instance to the law enforcement agency having jurisdiction over the case immediately or as soon as practically possible.


2. Failure to make such report shall be a class B misdemeanor.


3. Nothing in this section shall be construed to require a provider of electronic communication services or remote computing services to monitor any user, subscriber or customer of the provider, or the content of any communication of any user, subscriber or customer of the provider.


CREDIT(S)


(L.1984, p. 753, H.B. No. 1255, § 1. Amended by L.2000, S.B. Nos. 757 & 602, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.120


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.120. Treatment program for first offenders, cost--second offense, no suspension of sentence or probation


1. Any person who has pleaded guilty to or been found guilty of violating the provisions of section 568.020, 568.060, 568.080 or 568.090, and who is granted a suspended imposition or execution of sentence, or placed under the supervision of the board of probation and parole, shall be required to participate in an appropriate program of treatment, education and rehabilitation. Persons required to attend a program pursuant to this section may be charged a reasonable fee to cover the costs of such program.


2. Notwithstanding other provisions of law to the contrary, any person who has previously pleaded guilty to or been found guilty of violating the provisions of sections 568.020, 568.060, 568.080 and 568.090, and who subsequently pleads guilty or is found guilty of violating any one of the foregoing sections, shall not be granted a suspended imposition of sentence, a suspended execution of sentence, nor probation by the circuit court for the subsequent offense.


CREDIT(S)


(L.1984, p. 753, H.B. No. 1255, § 1.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 568.175


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 568. Offenses Against the Family (Refs & Annos)

568.175. Trafficking in children--elements of crime--penalty


1. A person, partnership, corporation, agency, association, institution, society or other organization commits the crime of trafficking in children if he or it offers, gives, receives or solicits any money, consideration or other thing of value for the delivery or offer of delivery of a child to another person, partnership, corporation, agency, association, institution, society or other organization for purposes of adoption, or for the execution of a consent to adopt or waiver of consent to future adoption or a consent to termination of parental rights.


2. A crime is not committed under this section if the money, consideration or thing of value or conduct is permitted under chapter 453, RSMo, relating to adoption.


3. The crime of trafficking in children is a class C felony.


CREDIT(S)


(L.1985, H.B. Nos. 366, 248, 372, 393, § 1. Amended by L.1997, H.B. No. 343, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.


Chapter 565. Offenses Against the Person Elder Abuse

Tags:18 MO (1.9%)

V.A.M.S. 565.180


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.180. Elder abuse in the first degree--penalty


1. A person commits the crime of elder abuse in the first degree if he attempts to kill, knowingly causes or attempts to cause serious physical injury, as defined in section 565.002, to any person sixty years of age or older or an eligible adult as defined in section 660.250, RSMo.


2. Elder abuse in the first degree is a class A felony.


CREDIT(S)


(L.1992, S.B. Nos. 573 & 634, § A(§ 1).)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.182


Effective: August 28, 2012


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.182. Elder abuse in the second degree--penalty


1. A person commits the crime of elder abuse in the second degree if he:


(1) Knowingly causes, attempts to cause physical injury to any person sixty years of age or older or an eligible adult, as defined in section 660.250, by means of a deadly weapon or dangerous instrument; or


(2) Recklessly or purposely causes serious physical injury, as defined in section 565.002, to a person sixty years of age or older or an eligible adult as defined in section 660.250.


2. Elder abuse in the second degree is a class B felony.


CREDIT(S)


(L.1992, S.B. Nos. 573 & 634, § A(§ 2). Amended by L.2012, S.B. No. 689, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.184


Effective: August 28, 2007


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.184. Elder abuse in the third degree--penalty


1. A person commits the crime of elder abuse in the third degree if he:


(1) Knowingly causes or attempts to cause physical contact with any person sixty years of age or older or an eligible adult as defined in section 660.250, RSMo, knowing the other person will regard the contact as harmful or provocative; or


(2) Purposely engages in conduct involving more than one incident that causes grave emotional distress to a person sixty years of age or older or an eligible adult, as defined in section 660.250, RSMo. The course of conduct shall be such as would cause a reasonable person age sixty years of age or older or an eligible adult, as defined in section 660.250, RSMo, to suffer substantial emotional distress; or


(3) Purposely or knowingly places a person sixty years of age or older or an eligible adult, as defined in section 660.250, RSMo, in apprehension of immediate physical injury; or


(4) Intentionally fails to provide care, goods or services to a person sixty years of age or older or an eligible adult, as defined in section 660.250, RSMo. The result of the conduct shall be such as would cause a reasonable person age sixty or older or an eligible adult, as defined in section 660.250, RSMo, to suffer physical or emotional distress; or


(5) Knowingly acts or knowingly fails to act in a manner which results in a grave risk to the life, body or health of a person sixty years of age or older or an eligible adult, as defined in section 660.250, RSMo.


2. Elder abuse in the third degree is a class A misdemeanor.


CREDIT(S)


(L.1992, S.B. Nos. 573 & 634, § A(§ 3). Amended by L.2007, S.B. No. 3, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.186


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.186. Investigation of elder abuse--report


The department of health and senior services shall investigate incidents and reports of elder abuse using the procedures established in sections 660.250 to 660.295, RSMo, and, upon substantiation of the report of elder abuse, shall promptly report the incident to the appropriate law enforcement agency and prosecutor and shall determine whether protective services are required pursuant to sections 660.250 to 660.295, RSMo. If the department is unable to substantiate whether abuse occurred due to the failure of the operator or any of the operator's agents or employees to cooperate with the investigation, the incident shall be promptly reported to appropriate law enforcement agencies.


CREDIT(S)


(L.1992, S.B. Nos. 573 & 634, § A(§ 4). Amended by L.2003, S.B. Nos. 556 & 311, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.188


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.188. Report of elder abuse, penalty--false report, penalty--evidence of prior convictions


1. When any adult day care worker; chiropractor; Christian Science practitioner; coroner; dentist; embalmer; employee of the departments of social services, mental health, or health and senior services; employee of a local area agency on aging or an organized area agency on aging program; funeral director; home health agency or home health agency employee; hospital and clinic personnel engaged in examination, care, or treatment of persons; in-home services owner, provider, operator, or employee; law enforcement officer; long-term care facility administrator or employee; medical examiner; medical resident or intern; mental health professional; minister; nurse; nurse practitioner; optometrist; other health practitioner; peace officer; pharmacist; physical therapist; physician; physician's assistant; podiatrist; probation or parole officer; psychologist; social worker; or other person with responsibility for the care of a person sixty years of age or older has reasonable cause to suspect that such a person has been subjected to abuse or neglect or observes such a person being subjected to conditions or circumstances which would reasonably result in abuse or neglect, he or she shall immediately report or cause a report to be made to the department in accordance with the provisions of sections 660.250 to 660.295, RSMo. Any other person who becomes aware of circumstances which may reasonably be expected to be the result of or result in abuse or neglect may report to the department.


2. Any person who knowingly fails to make a report as required in subsection 1 of this section is guilty of a class A misdemeanor.


3. Any person who purposely files a false report of elder abuse or neglect is guilty of a class A misdemeanor.


4. Every person who has been previously convicted of or pled guilty to making a false report to the department and who is subsequently convicted of making a false report under subsection 3 of this section is guilty of a class D felony.


5. Evidence of prior convictions of false reporting shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior convictions.


CREDIT(S)


(L.1992, S.B. Nos. 573 & 634, § A(§ 5). Amended by L.2003, S.B. Nos. 556 & 311, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.190


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.190. Duty to report, immunity


Any person, official or institution complying with the provisions of section 565.188 in the making of a report, or in cooperating with the department in any of its activities pursuant to sections 565.186 and 565.188, except any person, official or institution violating section 565.180, 565.182 or 565.184, shall be immune from any civil or criminal liability for making such a report, or in cooperating with the department, unless such person acted negligently, recklessly, in bad faith, or with malicious purpose.


CREDIT(S)


(L.1992, S.B. Nos. 573 & 634, § A(§ 6).)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.200


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.200. Skilled nursing facility residents, sexual contact or intercourse with, penalties--consent not a defense


1. Any owner or employee of a skilled nursing facility, as defined in section 198.006, RSMo, or an Alzheimer's special unit or program, as defined in section 198.505, RSMo, who:


(1) Has sexual contact, as defined in section 566.010, RSMo, with a resident is guilty of a class B misdemeanor. Any person who commits a second or subsequent violation of this subdivision is guilty of a class A misdemeanor; or


(2) Has sexual intercourse or deviate sexual intercourse, as defined in section 566.010, RSMo, with a resident is guilty of a class A misdemeanor. Any person who commits a second or subsequent violation of this subdivision is guilty of a class D felony.


2. The provisions of this section shall not apply to an owner or employee of a skilled nursing facility or Alzheimer's special unit or program who engages in sexual conduct, as defined in section 566.010, RSMo, with a resident to whom the owner or employee is married.


3. Consent of the victim is not a defense to a prosecution pursuant to this section.


CREDIT(S)


(L.2002, S.B. Nos. 969, 673 & 855, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.210


Effective: August 28, 2007


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.210. Vulnerable person abuse in the first degree, penalty


1. A person commits the crime of vulnerable person abuse in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a vulnerable person, as defined in section 630.005, RSMo.


2. Vulnerable person abuse in the first degree is a class A felony.


CREDIT(S)


(L.2007, S.B. No. 3, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.212


Effective: August 28, 2007


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.212. Vulnerable person abuse in the second degree, penalty


1. A person commits the crime of vulnerable person abuse in the second degree if he or she:


(1) Knowingly causes or attempts to cause physical injury to a vulnerable person, as defined in section 630.005, RSMo, by means of a deadly weapon or dangerous instrument; or


(2) Recklessly causes serious physical injury to any vulnerable person, as defined in section 630.005, RSMo.


2. Vulnerable person abuse in the second degree is a class B felony.


CREDIT(S)


(L.2007, S.B. No. 3, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.214


Effective: August 28, 2007


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.214. Vulnerable person abuse in the third degree, penalty


1. A person commits the crime of vulnerable person abuse in the third degree if he or she:


(1) Knowingly causes or attempts to cause physical contact with any vulnerable person as defined in section 630.005, RSMo, knowing the other person will regard the contact as harmful or offensive; or


(2) Purposely engages in conduct involving more than one incident that causes grave emotional distress to a vulnerable person, as defined in section 630.005, RSMo. The result of the conduct shall be such as would cause a vulnerable person, as defined in section 630.005, RSMo, to suffer substantial emotional distress; or


(3) Purposely or knowingly places a vulnerable person, as defined in section 630.005, RSMo, in apprehension of immediate physical injury; or


(4) Intentionally fails to provide care, goods or services to a vulnerable person, as defined in section 630.005, RSMo. The result of the conduct shall be such as would cause a vulnerable person, as defined in section 630.005, RSMo, to suffer physical or emotional distress; or


(5) Knowingly acts or knowingly fails to act with malice in a manner that results in a grave risk to the life, body or health of a vulnerable person, as defined in section 630.005, RSMo; or


(6) Is a person who is a vendor, provider, agent, or employee of a department operated, funded, licensed, or certified program and engages in sexual contact, as defined by subdivision (3) of section 566.010, RSMo, or sexual intercourse, as defined by subdivision (4) of section 566.010, RSMo, with a vulnerable person.


2. Vulnerable person abuse in the third degree is a class A misdemeanor.


3. Actions done in good faith and without gross negligence that are designed to protect the safety of the individual and the safety of others, or are provided within accepted standards of care and treatment, shall not be considered as abuse of a vulnerable person as defined in this section.


4. Nothing in this section shall be construed to mean that a vulnerable person is abused solely because such person chooses to rely on spiritual means through prayer, in lieu of medical care, for his or her health care, as evidenced by the vulnerable person's explicit consent, advance directive for health care, or practice.


CREDIT(S)


(L.2007, S.B. No. 3, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.216


Effective: August 28, 2007


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.216. Investigation of reports of vulnerable person abuse, when


The department of mental health shall investigate incidents and reports of vulnerable person abuse using the procedures established in sections 630.163 to 630.167, RSMo, and, upon substantiation of the report of vulnerable person abuse, shall promptly report the incident to the appropriate law enforcement agency and prosecutor. If the department is unable to substantiate whether abuse occurred due to the failure of the operator or any of the operator's agents or employees to cooperate with the investigation, the incident shall be promptly reported to appropriate law enforcement agencies.


CREDIT(S)


(L.2007, S.B. No. 3, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.218


Effective: August 28, 2007


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.218. Mandatory reporting of vulnerable person abuse


1. When any physician, physician assistant, dentist, chiropractor, optometrist, podiatrist, intern, resident, nurse, nurse practitioner, medical examiner, social worker, licensed professional counselor, certified substance abuse counselor, psychologist, physical therapist, pharmacist, other health practitioner, minister, Christian Science practitioner, facility administrator, nurse's aide or orderly in a residential facility, day program or specialized service operated, funded or licensed by the department or in a mental health facility or mental health program in which people may be admitted on a voluntary basis or are civilly detained pursuant to chapter 632, RSMo; or employee of the departments of social services, mental health, or health and senior services; or home health agency or home health agency employee; hospital and clinic personnel engaged in examination, care, or treatment of persons; in-home services owner, provider, operator, or employee; law enforcement officer; long-term care facility administrator or employee; mental health professional; peace officer; probation or parole officer; or other nonfamilial person with responsibility for the care of a vulnerable person, as defined by section 630.005, RSMo, has reasonable cause to suspect that such a person has been subjected to abuse or neglect or observes such a person being subjected to conditions or circumstances that would reasonably result in abuse or neglect, he or she shall immediately report or cause a report to be made to the department in accordance with section 630.163, RSMo. Any other person who becomes aware of circumstances which may reasonably be expected to be the result of or result in abuse or neglect may report to the department. Notwithstanding any other provision of this section, a duly ordained minister, clergy, religious worker, or Christian Science practitioner while functioning in his or her ministerial capacity shall not be required to report concerning a privileged communication made to him or her in his or her professional capacity.


2. Any person who knowingly fails to make a report as required in subsection 1 of this section is guilty of a class A misdemeanor and shall be subject to a fine up to one thousand dollars. Penalties collected for violations of this section shall be transferred to the state school moneys fund as established in section 166.051, RSMo, and distributed to the public schools of this state in the manner provided in section 163.031, RSMo. Such penalties shall not be considered charitable for tax purposes.


3. Every person who has been previously convicted of or pled guilty to failing to make a report as required in subsection 1 of this section and who is subsequently convicted of failing to make a report under subsection 2 of this section is guilty of a class D felony and shall be subject to a fine up to five thousand dollars. Penalties collected for violation of this subsection shall be transferred to the state school moneys fund as established in section 166.051, RSMo, and distributed to the public schools of this state in the manner provided in section 163.031, RSMo. Such penalties shall not be considered charitable for tax purposes.


4. Any person who knowingly files a false report of vulnerable person abuse or neglect is guilty of a class A misdemeanor and shall be subject to a fine up to one thousand dollars. Penalties collected for violations of this subsection shall be transferred to the state school moneys fund as established in section 166.051, RSMo, and distributed to the public schools of this state in the manner provided in section 163.031, RSMo. Such penalties shall not be considered charitable for tax purposes.


5. Every person who has been previously convicted of or pled guilty to making a false report to the department and who is subsequently convicted of making a false report under subsection 4 of this section is guilty of a class D felony and shall be subject to a fine up to five thousand dollars. Penalties collected for violations of this subsection shall be transferred to the state school moneys fund as established in section 166.051, RSMo, and distributed to the public schools of this state in the manner provided in section 163.031, RSMo. Such penalties shall not considered charitable for tax purposes.


6. Evidence of prior convictions of false reporting shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior convictions.


7. Any residential facility, day program or specialized service operated, funded or licensed by the department that prevents or discourages a patient, resident or client, employee or other person from reporting that a patient, resident or client of a facility, program or service has been abused or neglected shall be subject to loss of their license issued pursuant to sections 630.705 to 630.760, and civil fines of up to five thousand dollars for each attempt to prevent or discourage reporting.


CREDIT(S)


(L.2007, S.B. No. 3, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.220


Effective: August 28, 2007


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Elder Abuse

565.220. Immunity from liability, when


Any person, official or institution complying with the provisions of section 565.218, in the making of a report, or in cooperating with the department in any of its activities pursuant to sections 565.216 and 565.218, except any person, official, or institution violating section 565.210, 565.212, or 565.214 shall be immune from any civil or criminal liability for making such a report, or in cooperating with the department, unless such person acted negligently, recklessly, in bad faith, or with malicious purpose.


CREDIT(S)


(L.2007, S.B. No. 3, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.


Article 11. Abortion and Kindred Offenses

Tags:10 NC (3.1%)

N.C.G.S.A. § 14-44


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 11. Abortion and Kindred Offenses (Refs & Annos)

§ 14-44. Using drugs or instruments to destroy unborn child


If any person shall willfully administer to any woman, either pregnant or quick with child, or prescribe for any such woman, or advise or procure any such woman to take any medicine, drug or other substance whatever, or shall use or employ any instrument or other means with intent thereby to destroy such child, he shall be punished as a Class H felon.



CREDIT(S)


Amended by Laws 1967, c. 367, § 1; Laws 1979, c. 760, § 5.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-45


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 11. Abortion and Kindred Offenses (Refs & Annos)

§ 14-45. Using drugs or instruments to produce miscarriage or injure pregnant woman


If any person shall administer to any pregnant woman, or prescribe for any such woman, or advise and procure such woman to take any medicine, drug or anything whatsoever, with intent thereby to procure the miscarriage of such woman, or to injure or destroy such woman, or shall use any instrument or application for any of the above purposes, he shall be punished as a Class I felon.



CREDIT(S)


Amended by Laws 1979, c. 760, § 5.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-45.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 11. Abortion and Kindred Offenses (Refs & Annos)

§ 14-45.1. When abortion not unlawful


(a) Notwithstanding any of the provisions of G.S. 14-44 and 14-45, it shall not be unlawful, during the first 20 weeks of a woman's pregnancy, to advise, procure, or cause a miscarriage or abortion when the procedure is performed by a physician licensed to practice medicine in North Carolina in a hospital or clinic certified by the Department of Health and Human Services to be a suitable facility for the performance of abortions.


(b) Notwithstanding any of the provisions of G.S. 14-44 and 14-45, it shall not be unlawful, after the twentieth week of a woman's pregnancy, to advise, procure or cause a miscarriage or abortion when the procedure is performed by a physician licensed to practice medicine in North Carolina in a hospital licensed by the Department of Health and Human Services, if there is substantial risk that continuance of the pregnancy would threaten the life or gravely impair the health of the woman.


(c) The Department of Health and Human Services shall prescribe and collect on an annual basis, from hospitals or clinics where abortions are performed, such representative samplings of statistical summary reports concerning the medical and demographic characteristics of the abortions provided for in this section as it shall deem to be in the public interest. Hospitals or clinics where abortions are performed shall be responsible for providing these statistical summary reports to the Department of Health and Human Services. The reports shall be for statistical purposes only and the confidentiality of the patient relationship shall be protected.


(d) The requirements of G.S. 130-43 are not applicable to abortions performed pursuant to this section.


(e) Nothing in this section shall require a physician licensed to practice medicine in North Carolina or any nurse who shall state an objection to abortion on moral, ethical, or religious grounds, to perform or participate in medical procedures which result in an abortion. The refusal of such physician to perform or participate in these medical procedures shall not be a basis for damages for such refusal, or for any disciplinary or any other recriminatory action against such physician.


(f) Nothing in this section shall require a hospital or other health care institution to perform an abortion or to provide abortion services.



CREDIT(S)


Added by Laws 1967, c. 367, § 2. Amended by Laws 1971, c. 383, §§ 1, 1 1/

 
2; Laws 1973, c. 139; Laws 1973, c. 476, § 128; Laws 1973, c. 711; S.L. 1997-443, § 11A.118(a), eff. July 1, 1997.

The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-46


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 11. Abortion and Kindred Offenses (Refs & Annos)

§ 14-46. Concealing birth of child


If any person shall, by secretly burying or otherwise disposing of the dead body of a newborn child, endeavor to conceal the birth of such child, such person shall be punished as a Class I felon. Any person aiding, counseling or abetting any other person in concealing the birth of a child in violation of this statute shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1977, c. 577; Laws 1979, c. 760, § 5; Laws 1979, (2nd Sess.), c. 1316, § 47; Laws 1981, c. 63, § 1, Laws 1981, c. 179, § 14; Laws 1993, c. 539, §§ 24, 1148, eff. Oct. 1, 1994; Laws 1993, c. 539, § 1359; Laws 1994, (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.


Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order

Tags:14 MA (2.1%)

M.G.L.A. 272 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 14. Adultery


A married person who has sexual intercourse with a person not his spouse or an unmarried person who has sexual intercourse with a married person shall be guilty of adultery and shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than five hundred dollars.


CREDIT(S)


Amended by St.1978, c. 379, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 15. Polygamy


Whoever, having a former husband or wife living, marries another person or continues to cohabit with a second husband or wife in the commonwealth shall be guilty of polygamy, and be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years or by a fine of not more than five hundred dollars; but this section shall not apply to a person whose husband or wife has continually remained beyond sea, or has voluntarily withdrawn from the other and remained absent, for seven consecutive years, the party marrying again not knowing the other to be living within that time, nor to a person who has been legally divorced from the bonds of matrimony.


CREDIT(S)


Amended by St.1969, c. 301.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 16. Open and gross lewdness and lascivious behavior


A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.


CREDIT(S)


Amended by St.1987, c. 43.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 17


Effective: May 1, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 17. Incestuous marriage or sexual activities


Persons within degrees of consanguinity within which marriages are prohibited or declared by law to be incestuous and void, who intermarry or have sexual intercourse with each other, or who engage in sexual activities with each other, including but not limited to, oral or anal intercourse, fellatio, cunnilingus, or other penetration of a part of a person's body, or insertion of an object into the genital or anal opening of another person's body, or the manual manipulation of the genitalia of another person's body, shall be punished by imprisonment in the state prison for not more than 20 years or in the house of correction for not more than 2   1/

 
2 years.

CREDIT(S)


Amended by St.2002, c. 13.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 18. Fornication


Whoever commits fornication shall be punished by imprisonment for not more than three months or by a fine of not more than thirty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 19. Procuring miscarriage


Whoever, with intent to procure the miscarriage of a woman, unlawfully administers to her, or advises or prescribes for her, or causes any poison, drug, medicine or other noxious thing to be taken by her or, with the like intent, unlawfully uses any instrument or other means whatever, or, with like intent, aids or assists therein, shall, if she dies in consequence thereof, be punished by imprisonment in the state prison for not less than five nor more than twenty years; and, if she does not die in consequence thereof, by imprisonment in the state prison for not more than seven years and by a fine of not more than two thousand dollars.



Current through Chapter 20 of the 2013 1st Annual Session


§ 12.1-37-01. Willful failure to pay child support--Classification of offenses--Affirmative defense--Penalty

Tags:48 ND (0.2%)

NDCC, 12.1-37-01


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-37. Child Support Nonpayment

§ 12.1-37-01. Willful failure to pay child support--Classification of offenses--Affirmative defense--Penalty


1. A person is guilty of an offense if the person willfully fails to pay child support in an amount ordered by a court or other governmental agency having authority to issue the orders.


2. a. If the unpaid amount is greater than the greater of two thousand dollars or six times the monthly child support obligation, the offense is a class C felony.


b. If the unpaid amount is greater than the greater of one thousand dollars or three times the monthly child support obligation, but less than the amount required under subdivision a, the offense is a class A misdemeanor.


c. If the unpaid amount is less than the amount required under subdivision b, the offense is a class B misdemeanor.


3. If the failure to pay child support occurs while the defendant was in another state, and while the child was in this state, the offense must be construed to have been committed in this state.


4. It is an affirmative defense to a charge under subsection 1 that the defendant suffered from a disability during the periods an unpaid child support obligation accrued, such as to effectively preclude the defendant's employment at any gainful occupation. This defense is available only if the defendant lacked the means to pay the ordered amounts other than from employment.


5. For purposes of this section, “child support” has the meaning provided in section 14-09-09.10.


6. This section applies only to the willful failure to pay child support after August 1, 1995.


7. In a prosecution under this chapter, a copy of a record certified under section 14-08.1-08 is admissible as prima facie evidence of the contents of the record.


CREDIT(S)


S.L. 1995, ch. 141, § 1; S.L. 2007, ch. 148, § 1, eff. July 1, 2007.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



Chapter 12.1-31. Miscellaneous Offenses

Tags:48 ND (0.2%)

NDCC, 12.1-31-05


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-05. Child procurement--Penalty


Except with respect to fees and charges authorized by law or approved by a court in a proceeding related to the placement of a minor child for adoption or related to the adoption of a minor child, a person is guilty of child procurement, a class C felony, if the person knowingly offers, gives, or agrees to give to another or solicits, accepts, or agrees to accept from another, a thing of value as consideration for the recipient's furnishing or aiding another to furnish a minor child for the purposes of adoption. This section does not apply to parties to any agreement in which a woman agrees to become a surrogate, as defined in section 14-18-01, or to relinquish her rights and duties as parent of a child conceived through assisted reproduction, as defined in section 14-20-01.


CREDIT(S)


S.L. 1987, ch. 172, § 1; S.L. 1989, ch. 184, § 8; S.L. 2005, ch. 135, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-31-06


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-06. Repealed by S.L. 2001, ch. 214, § 10, eff. April 12, 2001



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-31-07


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-07. Endangering a vulnerable adult--Penalty


1. In this chapter, unless the context otherwise requires:


a. “Caregiver” means a person who is responsible for the care of a disabled adult or vulnerable elderly adult as a result of a familial or legal relationship, or a person who has assumed responsibility for the care of a disabled adult or vulnerable elderly adult. The term does not include a licensed health care provider who is acting within the provider's legal scope of practice in providing appropriate care or assistance to a disabled adult or vulnerable elderly adult who is the patient or client of the licensed health care provider.


b. “Disabled adult” means a person eighteen years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability or organic brain damage or mental illness or who has one or more physical or mental limitations that restrict the person's ability to perform the normal activities of daily living.


c. “Vulnerable elderly adult” means a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by physical, mental, or emotional dysfunctioning to the extent that the person is incapable of adequately providing for the person's own health or personal care.


2. Except as provided for by chapters 23-06.5 and 30.1-30, a caregiver who knowingly performs an act that causes a disabled adult's or vulnerable elderly adult's life to be endangered, health to be injured, or preexisting physical or mental condition to deteriorate, or a caregiver who fails to perform acts that the caregiver knows are necessary to maintain or preserve the life or health of the disabled adult or vulnerable elderly adult and the failure causes the disabled adult's or vulnerable elderly adult's life to be endangered, health to be injured, or preexisting physical or mental condition to deteriorate, is guilty of a class B felony.


CREDIT(S)


S.L. 1993, ch. 126, § 1; S.L. 1995, ch. 132, § 1; S.L. 1997, ch. 130, § 1; S.L. 2005, ch. 232, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-31-07.1


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-07.1. Exploitation of a vulnerable adult--Penalty


1. A person is guilty of exploitation of a disabled adult or vulnerable elderly adult if:


a. The person stands in a position of trust and confidence or has a business relationship with the disabled adult or vulnerable elderly adult and knowingly, by deception or intimidation, obtains or uses, or attempts to obtain or use, the disabled adult's or vulnerable elderly adult's funds, assets, or property with the intent to temporarily or permanently deprive the disabled adult or vulnerable elderly adult of the use, benefit, or possession of the property, for the benefit of someone other than the disabled adult or vulnerable elderly adult; or


b. The person knows that the disabled adult or vulnerable elderly adult lacks the capacity to consent, and obtains or uses, or attempts to obtain or use, or assists another in obtaining or using or attempting to obtain or use, the disabled adult's or vulnerable elderly adult's funds, assets, or property with the intent to temporarily or permanently deprive the disabled adult or vulnerable elderly adult of the use, benefit, or possession of the property for the benefit of someone other than the disabled adult or vulnerable elderly adult.


2. Exploitation of a disabled adult or vulnerable elderly adult is:


a. A class A felony if the value of the exploited funds, assets, or property exceeds one hundred thousand dollars.


b. A class B felony if the value of the exploited funds, assets, or property exceeds twenty thousand dollars but does not exceed one hundred thousand dollars.


c. A class C felony if the value of the exploited funds, assets, or property is in excess of one thousand dollars but does not exceed twenty thousand dollars.


3. It is not a defense to a prosecution of a violation of this section that the accused did not know the age of the victim.


4. This section does not impose criminal liability on a person who has:


a. Managed the disabled adult's or vulnerable elderly adult's funds, assets, or property in a manner that clearly gives primacy to the needs and welfare of that person or is consistent with any explicit written authorization; or


b. Made a good faith effort to assist in the management of the disabled adult's or vulnerable elderly adult's funds, assets, or property.


CREDIT(S)


S.L. 1997, ch. 130, § 2.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-31-07.2


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-31. Miscellaneous Offenses

§ 12.1-31-07.2. Criminal proceeding involving a vulnerable adult--Speedy trial


In a criminal proceeding in which a disabled adult or vulnerable elderly adult is a victim, the court and state's attorney shall take appropriate action to ensure a speedy trial to minimize the length of time the disabled adult or vulnerable elderly adult must endure the stress of involvement in the proceedings. In ruling on any motion or other request for a delay or a continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of the disabled adult or vulnerable elderly adult.


CREDIT(S)


S.L. 1997, ch. 130, § 2.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



Chapter 609. Criminal Code Crimes Against Unborn Children

Tags:21 MN (1.7%)

M.S.A. § 609.266



Effective: August 1, 2007


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.266. Definitions


The definitions in this subdivision apply to sections 609.21, subdivision 1a, paragraphs (a) and (b), and 609.2661 to 609.2691:


(a) “Unborn child” means the unborn offspring of a human being conceived, but not yet born.


(b) “Whoever” does not include the pregnant woman.



CREDIT(S)


Laws 1986, c. 388, § 5, eff. Aug. 1, 1986. Amended by Laws 2007, c. 54, art. 3, § 14, par. (c), eff. Aug. 1, 2007.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.2661



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.2661. Murder of unborn child in the first degree


Whoever does any of the following is guilty of murder of an unborn child in the first degree and must be sentenced to imprisonment for life:


(1) causes the death of an unborn child with premeditation and with intent to effect the death of the unborn child or of another;


(2) causes the death of an unborn child while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the mother of the unborn child or another; or


(3) causes the death of an unborn child with intent to effect the death of the unborn child or another while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, tampering with a witness in the first degree, or escape from custody.



CREDIT(S)


Laws 1986, c. 388, § 6, eff. Aug. 1, 1986.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.2662



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.2662. Murder of unborn child in the second degree


Whoever does either of the following is guilty of murder of an unborn child in the second degree and may be sentenced to imprisonment for not more than 40 years:


(1) causes the death of an unborn child with intent to effect the death of that unborn child or another, but without premeditation; or


(2) causes the death of an unborn child, without intent to effect the death of any unborn child or person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence.



CREDIT(S)


Laws 1986, c. 388, § 7, eff. Aug. 1, 1986.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.2663



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.2663. Murder of unborn child in the third degree


Whoever, without intent to effect the death of any unborn child or person, causes the death of an unborn child by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human or fetal life, is guilty of murder of an unborn child in the third degree and may be sentenced to imprisonment for not more than 25 years.



CREDIT(S)


Laws 1986, c. 388, § 8, eff. Aug. 1, 1986.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.2664



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.2664. Manslaughter of unborn child in the first degree


Whoever does any of the following is guilty of manslaughter of an unborn child in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:


(1) intentionally causes the death of an unborn child in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances;


(2) causes the death of an unborn child in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force or violence that death of or great bodily harm to any person or unborn child was reasonably foreseeable, and murder of an unborn child in the first or second degree was not committed thereby; or


(3) intentionally causes the death of an unborn child because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor to reasonably believe that the act performed by the actor is the only means of preventing imminent death to the actor or another.



CREDIT(S)


Laws 1986, c. 388, § 9, eff. Aug. 1, 1986. Amended by Laws 1986, c. 444.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.2665



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.2665. Manslaughter of unborn child in the second degree


A person who causes the death of an unborn child by any of the following means is guilty of manslaughter of an unborn child in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:


(1) by the actor's culpable negligence whereby the actor creates an unreasonable risk and consciously takes chances of causing death or great bodily harm to an unborn child or a person;


(2) by shooting the mother of the unborn child with a firearm or other dangerous weapon as a result of negligently believing her to be a deer or other animal;


(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or


(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined.


If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the mother of the unborn child provoked the animal to cause the unborn child's death.



CREDIT(S)


Laws 1986, c. 388, § 10, eff. Aug. 1, 1986. Amended by Laws 1989, c. 290, art. 6, § 13, eff. Aug. 1, 1989.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.267



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.267. Assault of unborn child in the first degree


Whoever assaults a pregnant woman and inflicts great bodily harm on an unborn child who is subsequently born alive may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both.



CREDIT(S)


Laws 1986, c. 388, § 11, eff. Aug. 1, 1986. Amended by Laws 1989, c. 290, art. 6, § 14, eff. Aug. 1, 1989.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.2671



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.2671. Assault of unborn child in the second degree


Whoever assaults a pregnant woman and inflicts substantial bodily harm on an unborn child who is subsequently born alive may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.


As used in this section, “substantial bodily harm” includes the birth of the unborn child prior to 37 weeks gestation if the child weighs 2,500 grams or less at the time of birth. “Substantial bodily harm” does not include the inducement of the unborn child's birth when done for bona fide medical purposes.



CREDIT(S)


Laws 1986, c. 388, § 12, eff. Aug. 1, 1986. Amended by Laws 1989, c. 20, § 1, eff. Aug. 1, 1989.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.2672



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.2672. Assault of unborn child in the third degree


Whoever does any of the following commits an assault of an unborn child in the third degree and is guilty of a misdemeanor:


(1) commits an act with intent to cause fear in a pregnant woman of immediate bodily harm or death to the unborn child; or


(2) intentionally inflicts or attempts to inflict bodily harm on an unborn child who is subsequently born alive.



CREDIT(S)


Laws 1986, c. 388, § 13, eff. Aug. 1, 1986.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.268



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.268. Injury or death of unborn child in commission of crime


Subdivision 1. Death of unborn child. Whoever, in the commission of a felony or in a violation of section 609.224, 609.2242, 609.23, 609.231, 609.2325, or 609.233, causes the death of an unborn child is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine not more than $30,000, or both. As used in this subdivision, “felony” does not include a violation of sections 609.185 to 609.21, 609.221 to 609.2231, or 609.2661 to 609.2665.


Subd. 2. Injury to unborn child. Whoever, in the commission of a felony or in a violation of section 609.23, 609.231, 609.2325 or 609.233, causes great or substantial bodily harm to an unborn child who is subsequently born alive, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. As used in this subdivision, “felony” does not include a violation of sections 609.21, 609.221 to 609.2231, or 609.267 to 609.2672.



CREDIT(S)


Laws 1986, c. 388, § 14, eff. Aug. 1, 1986. Amended by Laws 1995, c. 229, art. 4, §§ 17, 18, eff. Oct. 1, 1995; Laws 1995, c. 259, art. 3, § 16.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.269



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.269. Exception


Sections 609.2661 to 609.268 do not apply to any act described in section 145.412.



CREDIT(S)


Laws 1986, c. 388, § 15, eff. Aug. 1, 1986.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.2691



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against Unborn Children

609.2691. Other convictions not barred


Notwithstanding section 609.04, a prosecution for or conviction under sections 609.2661 to 609.268 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.



CREDIT(S)


Laws 1986, c. 388, § 16, eff. Aug. 1, 1986.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74


Chapter 4. Offenses Against Morals, Decency and Family

Tags:51 WY (0.2%)

W.S.1977 § 6-4-401

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 4. Offenses Against Morals, Decency and Family

Article 4. Offenses Against the Family (Refs & Annos)

§ 6-4-401. Bigamy; penalties; defense


(a) A person commits bigamy if, being married and knowing that his spouse is alive, he marries again.


(b) It is a defense that the accused person reasonably believed that he was eligible to remarry.


(c) Bigamy is a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.


CREDIT(S)


Laws 1982, ch. 75, § 3.


 

Current through the 2013 General Session



 


W.S.1977 § 6-4-402

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 4. Offenses Against Morals, Decency and Family

Article 4. Offenses Against the Family (Refs & Annos)

§ 6-4-402. Incest; penalties; disclosure or publication of identifying information; “minor victim”


(a) A person is guilty of incest if he knowingly commits sexual intrusion, as defined by W.S. 6-2-301(a)(vii), or sexual contact, as defined by W.S. 6-2-301(a)(vi), with an ancestor or descendant or a brother or sister of the whole or half blood. The relationships referred to herein include relationships of:


(i) Parent and child by adoption;


(ii) Blood relationships without regard to legitimacy; and


(iii) Stepparent and stepchild.


(b) Incest is a felony punishable by imprisonment for not more than fifteen (15) years, a fine of not more than ten thousand dollars ($10,000.00), or both.


(c) Prior to the filing of an information or indictment charging a violation under this section, neither the name of the person accused or the victim nor any other information reasonably likely to disclose their identity shall be released or negligently allowed to be released to the public by any public employee, except as authorized by the judge with jurisdiction over the criminal charges. The name of the person accused may be released to the public to aid or facilitate an arrest.


(d) After the filing of an information or indictment and absent a request to release the identity of a minor victim by the victim or another acting on behalf of a minor victim, the trial court shall restrict the disclosure or publication of information reasonably likely to identify the minor victim.


(e) Any person who willfully violates subsection (c) or (d) of this section or who willfully neglects or refuses to obey any court order made pursuant thereto is guilty of contempt and, upon conviction, shall be fined not more than seven hundred fifty dollars ($750.00) or be imprisoned in the county jail not more than ninety (90) days, or both.


(f) A release of a name or other information to the public in violation of the proscriptions of subsection (c) or (d) of this section shall not stand as a bar to the prosecution of a defendant nor be grounds for dismissal of any charges against a defendant.


(g) As used in this section, “minor victim” means a person under the age of eighteen (18) years.


CREDIT(S)


Laws 1982, ch. 75, § 3; Laws 1983, ch. 155, § 3; Laws 1983, ch. 171, § 1; Laws 1985, ch. 44, § 1; Laws 1993, ch. 1, § 1; Laws 2004, ch. 42, § 1, eff. March 3, 2004; Laws 2005, ch. 129, § 1, eff. July 1, 2005; Laws 2007, ch. 12, § 1, eff. July 1, 2007.


 

Current through the 2013 General Session



 


W.S.1977 § 6-4-403

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 4. Offenses Against Morals, Decency and Family

Article 4. Offenses Against the Family (Refs & Annos)

§ 6-4-403. Abandoning or endangering children; penalties; “child”; disclosure or publication of identifying information; “minor victim”


(a) No parent, guardian or custodian of a child shall:


(i) Abandon the child without just cause; or


(ii) Knowingly or with criminal negligence cause, permit or contribute to the endangering of the child's life or health by violating a duty of care, protection or support.


(b) No person shall knowingly:


(i) Cause, encourage, aid or contribute to a child's violation of any law of this state;


(ii) Cause, encourage, aid or permit a child to enter, remain or be employed in any place or premises used for prostitution or for professional gambling;


(iii) Commit any indecent or obscene act in the presence of a child;


(iv) Sell, give or otherwise furnish a child any drug prohibited by law without a physician's prescription;


(v) Conceal or refuse to reveal to the parent, guardian, lawful custodian or to a peace officer the location of a child knowing that the child has run away from a parent, guardian or lawful custodian, except when the action of the defendant is necessary to protect the child from an immediate danger to the child's welfare; or


(vi) Cause, encourage, aid or contribute to the endangering of a child's health, welfare or morals, by using, employing or permitting a child:


(A) In any business enterprise which is injurious or dangerous to the health, morals, life or physical safety of the child;


(B) In any place for purposes of begging;


(C) To be exhibited for the purpose of displaying any deformity of a child, except to physicians, nurses or other health professionals; or


(D) In a place used for prostitution.


(E) Repealed By Laws 1999, ch. 180, § 3.


(c) A person violating this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both. A person convicted of a second violation of this section is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.


(d) As used in this section, “child” means a person under the age of sixteen (16) years.


(e) Paragraph (b)(ii) of this section does not apply to crimes chargeable under W.S. 6-4-103(a)(i). Paragraph (b)(iv) of this section does not apply to crimes chargeable under W.S. 35-7-1036.


(f) Prior to the filing of an information or indictment charging a violation of W.S. 6-4-403(b)(ii), (iii) or (v)(D) or (E), neither the name of the person accused or the victim nor any other information reasonably likely to disclose the identity of the victim shall be released or negligently allowed to be released to the public by any public employee, except as authorized by the judge with jurisdiction over the criminal charges. The name of the person accused may be released to the public to aid or facilitate an arrest.


(g) After the filing of an information or indictment and absent a request to release the identity of a minor victim by the victim or another acting on behalf of a minor victim, the trial court shall restrict the disclosure or publication of information reasonably likely to identify the minor victim.


(h) Any person who willfully violates subsection (f) or (g) of this section or who willfully neglects or refuses to obey any court order made pursuant thereto is guilty of contempt and, upon conviction, shall be fined not more than seven hundred fifty dollars ($750.00) or be imprisoned in the county jail not more than ninety (90) days, or both.


(j) A release of a name or other information to the public in violation of the proscriptions of subsection (f) or (g) of this section shall not stand as a bar to the prosecution of a defendant or be grounds for dismissal of any charges against a defendant.


(k) As used in subsection (g) of this section, “minor victim” means a person under the age of eighteen (18) years.


CREDIT(S)


Laws 1982, ch. 75, § 3; Laws 1983, ch. 155, § 3; Laws 1983, ch. 171, § 1; Laws 1985, ch. 44, § 1; Laws 1999, ch. 180, §§ 2, 3, eff. July 1, 1999; Laws 2004, ch. 42, § 1, eff. March 3, 2004; Laws 2005, ch. 129, § 1, eff. July 1, 2005; Laws 2011, ch. 176, § 1, eff. March 3, 2011; Laws 2012, ch. 98, § 1, eff. March 15, 2012.


 

Current through the 2013 General Session



 


W.S.1977 § 6-4-404

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 4. Offenses Against Morals, Decency and Family

Article 4. Offenses Against the Family (Refs & Annos)

§ 6-4-404. Violation of order of protection; penalty


(a) Any person who willfully violates a protection order or valid foreign protection order as defined in W.S. 35-21-109(a), is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.


(b) For purposes of subsection (a) of this section, “protection order” means an order of protection issued pursuant to W.S. 35-21-104 or 35-21-105 or any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil and criminal courts, other than support or child custody orders, whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection.


CREDIT(S)


Laws 1988, ch. 86, § 1; Laws 1997, ch. 169, § 1, eff. March 1, 1997; Laws 2000, ch. 54, § 2, eff. July 1, 2000.


 

Current through the 2013 General Session



 


W.S.1977 § 6-4-405

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 4. Offenses Against Morals, Decency and Family

Article 4. Offenses Against the Family (Refs & Annos)

§ 6-4-405. Endangering children; controlled substances; penalty


(a) Notwithstanding W.S. 6-4-403(b)(iv), no person shall knowingly and willfully cause or permit any child to:


(i) Absorb, inhale or otherwise ingest any amount of methamphetamine;


(ii) Remain in a room, dwelling or vehicle where the person knows methamphetamine is being manufactured or sold; or


(iii) Enter and remain in a room, dwelling or vehicle that the person knows is being used to manufacture or store methamphetamines, or the hazardous waste created by the manufacture of methamphetamines.


(b) No person having the care or custody of a child shall knowingly and willfully permit the child to remain in a room, dwelling or vehicle where that person knows that methamphetamine is possessed, stored or ingested.


(c) Any person who violates any of the provisions of subsection (a) or (b) of this section is guilty of endangering a child punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.


CREDIT(S)


Laws 2004, ch. 128, § 1, eff. July 1, 2004; Laws 2012, ch. 98, § 1, eff. March 15, 2012.


 

Current through the 2013 General Session



 


W.S.1977 § 6-4-406

 

 

 

West's Wyoming Statutes Annotated Currentness

Title 6. Crimes and Offenses

Chapter 4. Offenses Against Morals, Decency and Family

Article 4. Offenses Against the Family (Refs & Annos)

§ 6-4-406. Permitting house parties where minors are present; exceptions; penalties


(a) No person who owns, rents, leases, subleases or has control of any residence or premises shall allow a house party to take place at the residence or premises if any alcoholic liquor, malt beverage or drug prohibited by law to be possessed by a minor is possessed or consumed at the residence or premises by any minor and the person knowingly permitted the residence or premises to be used for that purpose.


(b) The provision of this section shall not apply to:


(i) The furnishing or giving of any alcoholic liquor or malt beverage by an adult to any person under the age of twenty-one (21) years, if the recipient is the legal ward, medical patient or member of the immediate family of the adult furnishing or giving the alcoholic liquor or malt beverage;


(ii) The consumption, use or possession of a drug pursuant to a lawful prescription issued for the drug;


(iii) Religious observance or prescribed medical treatment;


(iv) The possession of alcoholic liquor, malt beverage or lawfully prescribed drugs incidental to lawful employment.


(c) Any person violating any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.


(d) For purposes of this section:


(i) “Minor” means as defined in W.S. 8-1-102(a)(iii) (B);


(ii) “Premises” includes, but is not limited to, a rented, leased or donated hotel or motel room, a manufactured home or any other public or private facility that is not licensed under chapter 4, title 12 of the Wyoming statutes.


CREDIT(S)


Laws 2005, ch. 45, § 1, eff. July 1, 2005.


 

Current through the 2013 General Session


Chapter 12.1-17.1. Offenses Against Unborn Children

Tags:48 ND (0.2%)

NDCC, 12.1-17.1-01


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-01. Definitions


As used in this chapter:


1. “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead embryo or fetus.


2. “Person” does not include the pregnant woman.


3. “Unborn child” means the conceived but not yet born offspring of a human being, which, but for the action of the actor would beyond a reasonable doubt have subsequently been born alive.


CREDIT(S)


S.L. 1987, ch. 166, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-17.1-02


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-02. Murder of an unborn child


1. A person is guilty of murder of an unborn child, a class AA felony, if the person:


a. Intentionally or knowingly causes the death of an unborn child;


b. Causes the death of an unborn child under circumstances manifesting extreme indifference to the value of the life of the unborn child or the pregnant woman; or


c. Acting either alone or with one or more other persons, commits or attempts to commit treason, robbery, burglary, kidnapping, felonious restraint, arson, gross sexual imposition, or escape and, in the course of and in furtherance of such crime or of immediate flight therefrom, the person, or another participant, if any, causes the death of an unborn child; except that in any prosecution under this subsection in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:


(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the commission thereof;


(2) Was not armed with a firearm, destructive device, dangerous weapon, or other weapon that under the circumstances indicated a readiness to inflict serious bodily injury;


(3) Reasonably believed that no other participant was armed with such a weapon; and


(4) Reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily injury.


Subdivisions a and b are inapplicable in the circumstances covered by subsection 2.


2. A person is guilty of murder of an unborn child, a class A felony, if the person causes the death of an unborn child under circumstances which would be class AA murder, except that the person causes the death of the unborn child under the influence of extreme emotional disturbance for which there is reasonable excuse. The reasonableness of the excuse must be determined from the viewpoint of a person in the person's situation under the circumstances as the person believes them to be. An extreme emotional disturbance is excusable, within the meaning of this subsection only, if it is occasioned by substantial provocation or a serious event or situation for which the offender was not culpably responsible.


CREDIT(S)


S.L. 1987, ch. 166, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-17.1-03


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-03. Manslaughter of an unborn child


A person is guilty of manslaughter of an unborn child, a class B felony, if the person recklessly causes the death of an unborn child.


CREDIT(S)


S.L. 1987, ch. 166, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-17.1-04


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-04. Negligent homicide of an unborn child


A person is guilty of negligent homicide of an unborn child, a class C felony, if the person negligently causes the death of an unborn child.


CREDIT(S)


S.L. 1987, ch. 166, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-17.1-05


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-05. Aggravated assault of an unborn child


A person is guilty of assault of an unborn child, a class C felony, if that person willfully assaults a pregnant woman and inflicts serious bodily injury on an unborn child.


CREDIT(S)


S.L. 1987, ch. 166, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-17.1-06


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-06. Assault of an unborn child


A person is guilty of assault of an unborn child, a class A misdemeanor, if the person willfully assaults a pregnant woman and inflicts bodily injury on an unborn child.


CREDIT(S)


S.L. 1987, ch. 166, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-17.1-07


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-07. Exception


This chapter does not apply to acts or omissions that cause the death or injury of an unborn child if those acts or omissions are committed during an abortion performed by or under the supervision of a licensed physician to which the pregnant woman has consented, nor does it apply to acts or omissions that are committed pursuant to usual and customary standards of medical practice during diagnostic or therapeutic treatment performed by or under the supervision of a licensed physician.


CREDIT(S)


S.L. 1987, ch. 166, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-17.1-08


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-17.1. Offenses Against Unborn Children

§ 12.1-17.1-08. Other convictions not prohibited


A prosecution for or conviction under this chapter is not a bar to conviction of or punishment for any other offense committed by a person as part of the same conduct.


CREDIT(S)


S.L. 1987, ch. 166, § 1.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly


Chapter 565. Offenses Against the Person Interference with Custodial Rights

Tags:18 MO (1.9%)

V.A.M.S. 565.149


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Interference with Custodial Rights

565.149. Definitions


As used in sections 565.149 to 565.169, the following words and phrases mean:


(1) “Child”, a person under seventeen years of age;


(2) “Legal custody”, the right to the care, custody and control of a child;


(3) “Parent”, either a biological parent or a parent by adoption;


(4) “Person having a right of custody”, a parent or legal guardian of the child.


CREDIT(S)


(L.1988, H.B. Nos. 1272, 1273 & 1274, § A(§ 1).)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.150


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Interference with Custodial Rights

565.150. Interference with custody--penalty


1. A person commits the crime of interference with custody if, knowing that he has no legal right to do so, he takes or entices from legal custody any person entrusted by order of a court to the custody of another person or institution.


2. Interference with custody is a class A misdemeanor unless the person taken or enticed away from legal custody is removed from this state, detained in another state or concealed, in which case it is a class D felony.


CREDIT(S)


(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979. Amended by L.1988, H.B. Nos. 1272, 1273 & 1274, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.153


Effective: August 28, 2008


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Interference with Custodial Rights

565.153. Parental kidnapping--penalty


1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.


2. Parental kidnapping is a class D felony, unless committed by detaining or concealing the whereabouts of the child for:


(1) Not less than sixty days but not longer than one hundred nineteen days, in which case, the crime is a class C felony;


(2) Not less than one hundred twenty days, in which case, the crime is a class B felony.


3. A subsequently obtained court order for custody or visitation shall not affect the application of this section.


CREDIT(S)


(L.1988, H.B. Nos. 1272, 1273 & 1274, § A(§ 2). Amended by L.2008, S.B. Nos. 714, 933, 899 & 758, § A.)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.156


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Interference with Custodial Rights

565.156. Child abduction--penalty


1. A person commits the crime of child abduction if he or she:


(1) Intentionally takes, detains, entices, conceals or removes a child from a parent after being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody;


(2) At the expiration of visitation rights outside the state, intentionally fails or refuses to return or impedes the return of the child to the legal custodian in Missouri;


(3) Conceals, detains, or removes the child for payment or promise of payment at the instruction of a person who has no legal right to custody;


(4) Retains in this state for thirty days a child removed from another state without the consent of the legal custodian or in violation of a valid court order of custody; or


(5) Having legal custody of the child pursuant to a valid court order, removes, takes, detains, conceals or entices away that child within or without the state, without good cause, and with the intent to deprive the custody or visitation rights of another person, without obtaining written consent as is provided under section 452.377, RSMo.


2. Child abduction is a class D felony.


CREDIT(S)


(L.1988, H.B. Nos. 1272, 1273 & 1274, § A(§ 3).)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.160


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Interference with Custodial Rights

565.160. Defenses to parental kidnapping and child abduction


It shall be an absolute defense to the crimes of parental kidnapping and child abduction that:


(1) The person had custody of the child pursuant to a valid court order granting legal custody or visitation rights which existed at the time of the alleged violation, except that this defense is not available to persons charged with child abduction under subdivision (5) of subsection 1 of section 565.156;


(2) The person had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified or made a reasonable attempt to notify the other parent or legal custodian of the child of such circumstances within twenty-four hours after the visitation period had expired and returned the child as soon as possible; or


(3) The person was fleeing an incident or pattern of domestic violence.


CREDIT(S)


(L.1988, H.B. Nos. 1272, 1273 & 1274, § A(§ 4).)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.163


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Interference with Custodial Rights

565.163. Venue


Persons accused of committing the crime of interference with custody, parental kidnapping or child abduction shall be prosecuted by the prosecuting attorney or circuit attorney:


(1) In the county in which the child was taken or enticed away from legal custody;


(2) In any county in which the child who was taken or enticed away from legal custody was taken or held by the defendant;


(3) The county in which lawful custody of the child taken or enticed away was granted; or


(4) The county in which the defendant is found.


CREDIT(S)


(L.1988, H.B. Nos. 1272, 1273 & 1274, § A(§ 5).)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.165


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Interference with Custodial Rights

565.165. Assisting in child abduction or parental kidnapping--penalty


1. A person commits the crime of assisting in child abduction or parental kidnapping if he:


(1) Before or during the commission of a child abduction or parental kidnapping as defined in section 565.153 or 565.156 and with the intent to promote or facilitate such offense, intentionally assists another in the planning or commission of child abduction or parental kidnapping, unless before the commission of the offense he makes proper efforts to prevent the commission of the offense; or


(2) With the intent to prevent the apprehension of a person known to have committed the offense of child abduction or parental kidnapping, or with the intent to obstruct or prevent efforts to locate the child victim of a child abduction, knowingly destroys, alters, conceals or disguises physical evidence or furnishes false information.


2. Assisting in child abduction or parental kidnapping is a class A misdemeanor.


CREDIT(S)


(L.1988, H.B. Nos. 1272, 1273 & 1274, § A(§ 6).)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.167


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Interference with Custodial Rights

565.167. Custody of child--peace officer to take child into protective custody, when


1. A peace officer investigating a report of a violation of section 565.150, or section 565.153 or 565.156, may take the child into temporary protective custody if it reasonably appears to the officer that any person unlawfully will flee the jurisdictional territory with the child.


2. If during the course of an investigation under section 565.150, or section 565.153 or 565.156, the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or legal custodian from whom the child was concealed, detained or removed, unless there is good cause for the law enforcement officer to retain temporary protective custody of the child pursuant to section 210.125, RSMo.


CREDIT(S)


(L.1988, H.B. Nos. 1272, 1273 & 1274, § A(§ 7).)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.



V.A.M.S. 565.169


Effective:[See Text Amendments]


Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 565. Offenses Against the Person (Refs & Annos)

Interference with Custodial Rights

565.169. Restitution, expenses of custodial parent granted, when


Upon conviction or guilty plea of a person under section 565.150, or section 565.153 or 565.156, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.


CREDIT(S)


(L.1988, H.B. Nos. 1272, 1273 & 1274, § A(§ 8).)



Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.


Chapter 617. Abortion; Obscenity; Nuisance

Tags:21 MN (1.7%)

M.S.A. § 617.18



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 617. Abortion; Obscenity; Nuisance (Refs & Annos)

Abortion; Concealing Birth

617.18, 617.19. Repealed by Laws 1974, c. 177, § 7, eff. March 22, 1974


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 617.19



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 617. Abortion; Obscenity; Nuisance (Refs & Annos)

Abortion; Concealing Birth

617.18, 617.19. Repealed by Laws 1974, c. 177, § 7, eff. March 22, 1974


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 617.20



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 617. Abortion; Obscenity; Nuisance (Refs & Annos)

Abortion; Concealing Birth

617.20. Drugs to produce miscarriage


Whoever shall manufacture, give, or sell an instrument, drug, or medicine, or any other substance, with intent that the same may be unlawfully used in producing the miscarriage of a woman, shall be guilty of a felony.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 617 remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 617.201



Effective: August 1, 2008


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 617. Abortion; Obscenity; Nuisance (Refs & Annos)

Abortion; Concealing Birth

617.201. Indecent articles and information


Every person who shall sell, lend, or give away, or in any manner exhibit, or offer to sell, lend, or give away, or have in possession with intent to sell, lend, give away, or advertise or offer for sale, loan, or distribution, any instrument or article, or any drug or medicine for causing unlawful abortion; or shall write or print, or cause to be written or printed, a card, circular, pamphlet, advertisement, or notice of any kind, or shall give oral information, stating when, where, how, or whom, or by what means such article or medicine can be obtained or who manufactures it, shall be guilty of a gross misdemeanor and punished by imprisonment in the county jail for not more than one year or by a fine of not more than $3,000, or by both.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 617 remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 617.202



Effective: August 1, 2009


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 617. Abortion; Obscenity; Nuisance (Refs & Annos)

Abortion; Concealing Birth

617.202. Sale of articles relating to prevention of conception or disease


Instruments, articles, drugs or medicines for the prevention of conception or disease may be sold, offered for sale, distributed or dispensed only by persons or organizations recognized as dealing primarily with health or welfare. Anyone convicted of violation of this section shall be guilty of a gross misdemeanor and punished by imprisonment not to exceed one year or by a fine of not more than $3,000 or both.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 617 remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 617.21



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 617. Abortion; Obscenity; Nuisance (Refs & Annos)

Abortion; Concealing Birth

617.21. Evidence


In any prosecution for abortion or attempting abortion, no person shall be excused from testifying as a witness on the ground that the person's testimony would tend to criminate the person.



CREDIT(S)


Amended by Laws 1986, c. 444.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 617 remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 617.22



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 617. Abortion; Obscenity; Nuisance (Refs & Annos)

Abortion; Concealing Birth

617.22. Concealing birth


Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a misdemeanor. Every person who, having been convicted of endeavoring to conceal the stillbirth of any issue, or the death of any issue under the age of two years, shall, subsequent to that conviction, endeavor to conceal any subsequent birth or death, shall be punished by imprisonment for not more than five years.



CREDIT(S)


Amended by Laws 1979, c. 102, § 13; Laws 1983, c. 7, § 16.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 617 remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74


Chapter 609. Criminal Code Crimes Against the Family

Updated:7/9/2013 11:23 AM
Tags:21 MN (1.7%)

M.S.A. § 609.355



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.355. Bigamy


Subdivision 1. Definition. In this section “cohabit” means to live together under the representation or appearance of being married.


Subd. 2. Acts constituting. Whoever does any of the following is guilty of bigamy and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:


(1) knowingly having a prior marriage that is not dissolved, contracts a marriage in this state; or


(2) contracts a marriage with another in this state with knowledge that the prior marriage of the other is not dissolved; or


(3) marries another outside this state with knowledge that either of them has a prior marriage that has not been dissolved, and then cohabits with the other in this state.



CREDIT(S)


Laws 1963, c. 753. Amended by Laws 1984, c. 628, art. 3, § 11; Laws 1986, c. 444.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.36



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.36. Adultery


Subdivision 1. Acts constituting. When a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.


Subd. 2. Limitations. No prosecution shall be commenced under this section except on complaint of the husband or the wife, except when such husband or wife is insane, nor after one year from the commission of the offense.


Subd. 3. Defense. It is a defense to violation of this section if the marital status of the woman was not known to the defendant at the time of the act of adultery.



CREDIT(S)


Laws 1963, c. 753. Amended by Laws 1984, c. 628, art. 3, § 11.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.364



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.364 to 609.3644. Repealed by Laws 1985, c. 286, § 24


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.3641



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.364 to 609.3644. Repealed by Laws 1985, c. 286, § 24


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.3642



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.364 to 609.3644. Repealed by Laws 1985, c. 286, § 24


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.3643



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.364 to 609.3644. Repealed by Laws 1985, c. 286, § 24


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.3644



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.364 to 609.3644. Repealed by Laws 1985, c. 286, § 24


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.365



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.365. Incest


Whoever has sexual intercourse with another nearer of kin to the actor than first cousin, computed by rules of the civil law, whether of the half or the whole blood, with knowledge of the relationship, is guilty of incest and may be sentenced to imprisonment for not more than ten years.



CREDIT(S)


Laws 1963, c. 753. Amended by Laws 1986, c. 444.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.37



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.37. Repealed by Laws 1993, c. 340, § 60, par. (b)


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.375



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.375. Nonsupport of spouse or child


Subdivision 1. Crime defined. Whoever is legally obligated to provide care and support to a spouse or child, whether or not the child's custody has been granted to another, and knowingly omits and fails to do so is guilty of a misdemeanor, and upon conviction may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.


Subd. 2. Gross misdemeanor violation. A person who violates subdivision 1 is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if:


(1) the violation continues for a period in excess of 90 days but not more than 180 days; or


(2) the person is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than six times but less than nine times the person's total monthly support and maintenance payments.


Subd. 2a. Felony violation. A person who violates subdivision 1 is guilty of a felony and upon conviction may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both, if:


(1) the violation continues for a period in excess of 180 days; or


(2) the person is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than nine times the person's total monthly support and maintenance payments.


Subd. 2b. Attempt to obtain contempt order as prerequisite to prosecution. A person may not be charged with violating this section unless there has been an attempt to obtain a court order holding the person in contempt for failing to pay support or maintenance under chapter 518 or 518A. This requirement is satisfied by a showing that reasonable attempts have been made at service of the order.


Subds. 3, 4. Repealed by Laws 1997, c. 203, art. 6, § 93, par. (a); Laws 1997, c. 245, art. 1, § 34.


Subd. 5. Venue. A person who violates this section may be prosecuted and tried in the county in which the support obligor resides or in the county in which the obligee or the child resides.


Subd. 6. Repealed by Laws 1997, c. 203, art. 6, § 93, par. (a); Laws 1997, c. 245, art. 1, § 34.


Subd. 7. Conditions of work release; probation violation. Upon conviction under this section, a defendant may obtain work release only upon the imposition of an automatic income withholding order, and may be required to post a bond in avoidance of jail time and conditioned upon payment of all child support owed. Nonpayment of child support is a violation of any probation granted following conviction under subdivision 2a.


Subd. 8. Defense. It is an affirmative defense to criminal liability under this section if the defendant proves by a preponderance of the evidence that the omission and failure to provide care and support were with lawful excuse.



CREDIT(S)


Laws 1963, c. 753. Amended by Laws 1971, c. 23, § 44; Laws 1971, c. 507, § 1, eff. May 26, 1971; Laws 1976, c. 2, § 151; Laws 1981, c. 31, § 19; Laws 1993, c. 340, §§ 54, 55, eff. Aug. 1, 1993; Laws 1994, c. 630, art. 11, §§ 17 to 20; Laws 1995, c. 257, art. 3, § 15; Laws 1997, c. 245, art. 1, § 31; Laws 2001, c. 158, §§ 7 to 11; Laws 2004, c. 228, art. 1, § 72, subd. 3, par. (a); Laws 2005, c. 164, § 29, eff. June 4, 2005; Laws 2005, 1st Sp., c. 7, § 28, eff. July 26, 2005.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.3751



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.3751. Discharge and dismissal


Subdivision 1. Applicability. A person is eligible for a discharge and dismissal under this section, if the person:


(1) has not been previously convicted of a felony under the laws of this state or elsewhere;


(2) has not been previously convicted of a violation of section 609.375 or of a similar offense in this state or elsewhere;


(3) has not previously participated in or completed a diversion program relating to a charge of violating section 609.375; and


(4) has not previously been placed on probation without a judgment of guilty for violation of section 609.375.


Subd. 2. Procedure. For a person eligible under subdivision 1 who is charged with violating section 609.375, the court may after trial or upon a plea of guilty, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place the person on probation upon such reasonable conditions as it may require and for a period not to exceed the maximum sentence provided for the violation. At a minimum, the conditions must require the defendant to:


(1) provide the public authority responsible for child support enforcement with an affidavit attesting to the defendant's present address, occupation, employer, current income, assets, and account information, as defined in section 13B.06; and


(2) execute a written payment agreement regarding both current support and arrearages that is approved by the court.


In determining whether to approve a payment agreement under clause (2), the court shall apply the provisions of chapter 518A consistent with the obligor's ability to pay.


Subd. 3. Violation. Upon violation of a condition of the probation, including a failure to comply with the written payment agreement approved by the court under subdivision 2, clause (2), the court may enter an adjudication of guilt and proceed as otherwise provided in law.


Subd. 4. Early dismissal. The court may, in its discretion, dismiss the proceedings against the person and discharge the person from probation before the expiration of the maximum period prescribed for the person's probation but may do so only if the full amount of any arrearages has been brought current.


Subd. 5. Dismissal; record. (a) For purposes of this subdivision, “not public” has the meaning given in section 13.02, subdivision 8a.


(b) If during the period of probation the person does not violate any of the conditions of the probation, then upon expiration of the period the court shall discharge the person and dismiss the proceedings against that person. Discharge and dismissal under this subdivision shall be without court adjudication of guilt, but a not public record of it shall be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts in determining the merits of subsequent proceedings against the person. The not public record may also be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall notify the requesting party of the existence of the not public record and the right to seek a court order to open it pursuant to this section. The court shall forward a record of any discharge and dismissal under this section to the bureau which shall make and maintain the not public record of it as provided under this section. The discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose.



CREDIT(S)


Laws 2001, c. 158, § 12. Amended by Laws 2005, c. 164, § 29, eff. June 4, 2005; Laws 2005, 1st Sp., c. 7, § 28, eff. July 26, 2005.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.376



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.376. Definitions


Subdivision 1. Terms defined. For the purposes of sections 609.255 and 609.376 to 609.38, the following terms have the meanings given unless specific content indicates otherwise.


Subd. 2. Child. “Child” means any person under the age of 18 years.


Subd. 3. Caretaker. “Caretaker” means an individual who has responsibility for the care of a child as a result of a family relationship or who has assumed responsibility for all or a portion of the care of a child.


Subd. 4. Complainant. “Complainant” means a person alleged to have been a victim of a violation of section 609.255, subdivision 3, 609.377, or 609.378, but need not be the person who signs the complaint.



CREDIT(S)


Laws 1983, c. 217, § 3, eff. Aug. 1, 1983.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.377



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.377. Malicious punishment of child


Subdivision 1. Malicious punishment. A parent, legal guardian, or caretaker who, by an intentional act or a series of intentional acts with respect to a child, evidences unreasonable force or cruel discipline that is excessive under the circumstances is guilty of malicious punishment of a child and may be sentenced as provided in subdivisions 2 to 6.


Subd. 2. Gross misdemeanor. If the punishment results in less than substantial bodily harm, the person may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.


Subd. 3. Enhancement to a felony. Whoever violates the provisions of subdivision 2 during the time period between a previous conviction or adjudication for delinquency under this section or sections 609.221 to 609.2231, 609.224, 609.2242, 609.342 to 609.345, or 609.713, and the end of five years following discharge from sentence or disposition for that conviction or adjudication may be sentenced to imprisonment for not more than five years or a fine of $10,000, or both.


Subd. 4. Felony; child under age four. If the punishment is to a child under the age of four and causes bodily harm to the head, eyes, neck, or otherwise causes multiple bruises to the body, the person may be sentenced to imprisonment for not more than five years or a fine of $10,000, or both.


Subd. 5. Felony; substantial bodily harm. If the punishment results in substantial bodily harm, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.


Subd. 6. Felony; great bodily harm. If the punishment results in great bodily harm, the person may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.



CREDIT(S)


Laws 1983, c. 217, § 4, eff. Aug. 1, 1983. Amended by Laws 1984, c. 628, art. 3, § 11, eff. May 3, 1984; Laws 1988, c. 655, § 2, eff. Aug. 1, 1988; Laws 1989, c. 290, art. 6, § 16, eff. Aug. 1, 1989; Laws 1990, c. 542, § 18; Laws 1994, c. 636, art. 2, § 37; Laws 2000, c. 437, § 14.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.378



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.378. Neglect or endangerment of child


Subdivision 1. Persons guilty of neglect or endangerment. (a)(1) A parent, legal guardian, or caretaker who willfully deprives a child of necessary food, clothing, shelter, health care, or supervision appropriate to the child's age, when the parent, guardian, or caretaker is reasonably able to make the necessary provisions and the deprivation harms or is likely to substantially harm the child's physical, mental, or emotional health is guilty of neglect of a child and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. If the deprivation results in substantial harm to the child's physical, mental, or emotional health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If a parent, guardian, or caretaker responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, this treatment or care is “health care,” for purposes of this clause.


(2) A parent, legal guardian, or caretaker who knowingly permits the continuing physical or sexual abuse of a child is guilty of neglect of a child and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.


(b) A parent, legal guardian, or caretaker who endangers the child's person or health by:


(1) intentionally or recklessly causing or permitting a child to be placed in a situation likely to substantially harm the child's physical, mental, or emotional health or cause the child's death; or


(2) knowingly causing or permitting the child to be present where any person is selling, manufacturing, possessing immediate precursors or chemical substances with intent to manufacture, or possessing a controlled substance, as defined in section 152.01, subdivision 4, in violation of section 152.021, 152.022, 152.023, 152.024, or 152.0262; is guilty of child endangerment and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.


If the endangerment results in substantial harm to the child's physical, mental, or emotional health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.


This paragraph does not prevent a parent, legal guardian, or caretaker from causing or permitting a child to engage in activities that are appropriate to the child's age, stage of development, and experience, or from selecting health care as defined in subdivision 1, paragraph (a).


(c) A person who intentionally or recklessly causes a child under 14 years of age to be placed in a situation likely to substantially harm the child's physical health or cause the child's death as a result of the child's access to a loaded firearm is guilty of child endangerment and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.


If the endangerment results in substantial harm to the child's physical health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.


Subd. 2. Defenses. It is a defense to a prosecution under subdivision 1, paragraph (a), clause (2), or paragraph (b), that at the time of the neglect or endangerment there was a reasonable apprehension in the mind of the defendant that acting to stop or prevent the neglect or endangerment would result in substantial bodily harm to the defendant or the child in retaliation.



CREDIT(S)


Laws 1983, c. 217, § 5, eff. Aug. 1, 1983. Amended by Laws 1984, c. 628, art. 3, § 11, eff. May 3, 1984; Laws 1989, c. 282, art. 2, § 199; Laws 1992, c. 571, art. 4, § 11; Laws 1993, c. 326, art. 4, § 22; Laws 2002, c. 314, § 6; Laws 2005, c. 136, art. 7, § 21.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.3785



Effective: August 1, 2012


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.3785. Unharmed newborns left at a safe place; avoidance of prosecution


A person may leave a newborn with an employee at a safe place, as defined in section 145.902, in this state, pursuant to section 260C.139, subdivision 4, without being subjected to prosecution for that act, provided that:


(1) the newborn was born within seven days of being left at the safe place, as determined within a reasonable degree of medical certainty;


(2) the newborn is left in an unharmed condition; and


(3) in cases where the person leaving the newborn is not the newborn's mother, the person has the mother's approval to do so.



CREDIT(S)


Laws 2000, c. 421, § 3, eff. April 19, 2000. Amended by Laws 2012, c. 216, art. 2, § 3, eff. Aug. 1, 2012.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.379



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.379. Permitted actions


Subdivision 1. Reasonable force.Reasonable force may be used upon or toward the person of a child without the child's consent when the following circumstance exists or the actor reasonably believes it to exist:


(a) when used by a parent, legal guardian, teacher, or other caretaker of a child or pupil, in the exercise of lawful authority, to restrain or correct the child or pupil; or


(b) when used by a teacher or other member of the instructional, support, or supervisory staff of a public or nonpublic school upon or toward a child when necessary to restrain the child from self-injury or injury to any other person or property.


Subd. 2. Applicability. This section applies to sections 260B.425, 260C.425, 609.255, 609.376, 609.378, and 626.556.



CREDIT(S)


Laws 1983, c. 217, § 6, eff. Aug. 1, 1983. Amended by Laws 1985, c. 266, § 4; Laws 1986, c. 444; Laws 1990, c. 542, § 19; Laws 1999, c. 139, art. 4, § 2.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74



M.S.A. § 609.38



Effective:[See Text Amendments]


Minnesota Statutes Annotated Currentness

Crimes, Criminals (Ch. 609-624)

Chapter 609. Criminal Code (Refs & Annos)

Crimes Against the Family

609.38. Stayed sentence


For any violation of section 609.255, subdivision 3, 609.377, or 609.378 for which the Sentencing Guidelines establish a presumptive executed sentence, the court may stay imposition or execution of the sentence if it finds that a stay is in the best interest of the complainant or the family unit and that the defendant is willing to participate in any necessary or appropriate treatment. In determining an appropriate sentence when there is a family relationship between the complainant and the defendant, the court shall be guided by the policy of preserving and strengthening the family unit whenever possible.



CREDIT(S)


Laws 1983, c. 217, § 7, eff. Aug. 1, 1983.


RULES OF CRIMINAL PROCEDURE


<Section 480.059, subd. 7, provides in part that statutes which relate to substantive criminal law found in chapter 609, except for sections 609.115 and 609.145, remain in full force and effect notwithstanding the Rules of Criminal Procedure.>


 

Current with laws of the 2013 Regular Session through Chapter 39, 41, 45, and 74


Chapter 12.1-27.2. Sexual Performances by Children

Tags:48 ND (0.2%)

NDCC, 12.1-27.2-01


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-01. Definitions


As used in this chapter:


1. “Obscene sexual performance” means any performance which includes sexual conduct by a minor in any obscene material or obscene performance, as defined in section 12.1-27.1-01.


2. “Performance” means any play, motion picture, photograph, dance, or other visual representation, or any part of a performance.


3. “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise.


4. “Sexual conduct” means actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the buttocks, breasts, or genitals, including the further definitions of sodomy and sadomasochistic abuse under section 12.1-27.1-01.


5. “Sexual performance” means any performance which includes sexual conduct by a minor.


6. “Simulated” means the explicit depiction of any of the conduct set forth in subsection 4 which creates the appearance of actual sexual conduct and which exhibits any nude or partially denuded human figure, as defined in section 12.1-27.1-03.1.


CREDIT(S)


S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 3; S.L. 2011, ch. 370, § 1, eff. Aug. 1, 2011.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-27.2-02


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-02. Use of a minor in a sexual performance


A person is guilty of a class B felony if, knowing the character and content of a performance, that person employs, authorizes, or induces a minor to engage in sexual conduct during a performance or, if being a parent, legal guardian, or custodian of a minor, that person consents to the participation by the minor in sexual conduct during a performance.


CREDIT(S)


S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 4.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-27.2-03


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-03. Promoting or directing an obscene sexual performance by a minor


A person is guilty of a class B felony if, knowing the character and content of a performance, that person produces, directs, or promotes any obscene performance which includes sexual conduct by a person who was a minor at the time of the performance.


CREDIT(S)


S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 5.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-27.2-04


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-04. Promoting a sexual performance by a minor


A person is guilty of a class C felony if, knowing the character and content of a performance, that person produces, directs, or promotes any performance which includes sexual conduct by a person who was a minor at the time of the performance.


CREDIT(S)


S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 6.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-27.2-04.1


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-04.1. Possession of certain materials prohibited


A person is guilty of a class C felony if, knowing of its character and content, that person knowingly possesses any motion picture, photograph, or other visual representation that includes sexual conduct by a minor.


CREDIT(S)


S.L. 1989, ch. 169, § 7; S.L. 2007, ch. 128, § 1, eff. Aug. 1, 2007.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-27.2-04.2


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-04.2. Sexual performance by a minor--Enhanced penalties


1. Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to fines, a person who commits an offense under this chapter and who acts in the course of a commercial or for-profit activity or transaction in which the offender had or shared ownership, control, managerial responsibility, or a financial interest other than wages is subject to the following penalty:


a. For an individual, a fine not to exceed ten thousand dollars; or


b. For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed twenty-five thousand dollars.


2. Notwithstanding the provisions of sections 12.1-32-01 and 12.1-32-01.1 relating to fines, the court shall impose the following fine upon the conviction of a person or entity described in subsection 1 for a second or subsequent offense under this chapter:


a. For an individual, a fine not to exceed fifty thousand dollars; or


b. For a corporation, limited liability company, association, partnership, or other legal entity, a fine not to exceed one hundred thousand dollars.


CREDIT(S)


S.L. 1991, ch. 128, § 2; S.L. 1993, ch. 54, § 106.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-27.2-05


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-05. Sexual performance by a minor--Affirmative defenses


It is an affirmative defense to a prosecution under this chapter that:


1. The defendant in good faith reasonably believed the person appearing in the performance was eighteen years of age or older;


2. The material or performance involved was disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other appropriate purpose by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a similar interest in the material or performance; or


3. The defendant had no financial interest in promoting a sexual performance by a minor, other than employment in a theater, which employment does not include compensation based upon any proportion of the receipts arising from promotion of the sexual performance, and that person was in no way responsible for acquiring the material for sale, rental, or exhibition.


CREDIT(S)


S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 8.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly



NDCC, 12.1-27.2-06


West's North Dakota Century Code Annotated Currentness

Title 12.1. Criminal Code

Chapter 12.1-27.2. Sexual Performances by Children

§ 12.1-27.2-06. Proof of age of minor


When it becomes necessary under this chapter to determine whether a minor participated in a sexual performance, the trier of fact may base its determination on personal inspection of the minor, inspection of a photograph or motion picture of the sexual performance, testimony by a witness to the sexual performance as to the age of the minor based upon the minor's appearance, expert testimony based upon the appearance of the minor in the sexual performance, or any other method authorized by law or by rule.


CREDIT(S)


S.L. 1985, ch. 177, § 1; S.L. 1989, ch. 169, § 9.



Current through the 2011 Regular and Special Sessions of the 62nd Legislative Assembly


Article 6A. Unborn Victims

Tags:10 NC (3.1%)

N.C.G.S.A. § 14-23.1


Effective: December 1, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 6A. Unborn Victims

§ 14-23.1. Definition


As used in this Article only, “unborn child” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.



CREDIT(S)


Added by S.L. 2011-60, § 2, eff. Dec. 1, 2011.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-23.2


Effective: December 1, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 6A. Unborn Victims

§ 14-23.2. Murder of an unborn child; penalty


(a) A person who unlawfully causes the death of an unborn child is guilty of the separate offense of murder of an unborn child if the person does any one of the following:


(1) Willfully and maliciously commits an act with the intent to cause the death of the unborn child.


(2) Causes the death of the unborn child in perpetration or attempted perpetration of any of the criminal offenses set forth under G.S. 14-17.


(3) Commits an act causing the death of the unborn child that is inherently dangerous to human life and is done so recklessly and wantonly that it reflects disregard of life.


(b) Penalty.--An offense under:


(1) Subdivision (a)(1) or (a)(2) of this section shall be a Class A felony, and any person who commits such offense shall be punished with imprisonment in the State's prison for life without parole.


(2) Subdivision (a)(3) of this section shall be subject to the same sentence as if the person had been convicted of second degree murder pursuant to G.S. 14-17.



CREDIT(S)


Added by S.L. 2011-60, § 2, eff. Dec. 1, 2011.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-23.3


Effective: December 1, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 6A. Unborn Victims

§ 14-23.3. Voluntary manslaughter of an unborn child; penalty


(a) A person is guilty of the separate offense of voluntary manslaughter of an unborn child if the person unlawfully causes the death of an unborn child by an act that would be voluntary manslaughter if it resulted in the death of the mother.


(b) Penalty.--Any person who commits an offense under this section shall be guilty of a Class D felony.



CREDIT(S)


Added by S.L. 2011-60, § 2, eff. Dec. 1, 2011.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-23.4


Effective: December 1, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 6A. Unborn Victims

§ 14-23.4. Involuntary manslaughter of an unborn child; penalty


(a) A person is guilty of the separate offense of involuntary manslaughter of an unborn child if the person unlawfully causes the death of an unborn child by an act that would be involuntary manslaughter if it resulted in the death of the mother.


(b) Penalty.--Any person who commits an offense under this section shall be guilty of a Class F felony.



CREDIT(S)


Added by S.L. 2011-60, § 2, eff. Dec. 1, 2011.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-23.5


Effective: December 1, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 6A. Unborn Victims

§ 14-23.5. Assault inflicting serious bodily injury on an unborn child; penalty


(a) A person is guilty of the separate offense of assault inflicting serious bodily injury on an unborn child if the person commits a battery on the mother of the unborn child and the child is subsequently born alive and suffered serious bodily harm as a result of the battery.


(b) For purposes of this section, “serious bodily harm” is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization, or causes the birth of the unborn child prior to 37-weeks gestation, if the child weighs 2,500 grams or less at the time of birth.


(c) Penalty.--Any person who commits an offense under this section shall be guilty of a Class F felony.



CREDIT(S)


Added by S.L. 2011-60, § 2, eff. Dec. 1, 2011.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-23.6


Effective: December 1, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 6A. Unborn Victims

§ 14-23.6. Battery on an unborn child


(a) A person is guilty of the separate offense of battery on an unborn child if the person commits a battery on a pregnant woman. This offense is a lesser-included offense of G.S. 14-23.5.


(b) Penalty.--Any person who commits an offense under this section is guilty of a Class A1 misdemeanor.



CREDIT(S)


Added by S.L. 2011-60, § 2, eff. Dec. 1, 2011.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-23.7


Effective: December 1, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 6A. Unborn Victims

§ 14-23.7. Exceptions


Nothing in this Article shall be construed to permit the prosecution under this Article of any of the following:


(1) Acts which cause the death of an unborn child if those acts were lawful, pursuant to the provisions of G.S. 14-45.1.


(2) Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.


(3) Acts committed by a pregnant woman with respect to her own unborn child, including, but not limited to, acts which result in miscarriage or stillbirth by the woman. The following definitions shall apply in this section:


a. Miscarriage.--The interruption of the normal development of an unborn child, other than by a live birth, and which is not an induced abortion permitted under G.S. 14-45.1, resulting in the complete expulsion or extraction from a pregnant woman of the unborn child.


b. Stillbirth.--The death of an unborn child prior to the complete expulsion or extraction from a woman, irrespective of the duration of pregnancy and which is not an induced abortion permitted under G.S. 14-45.1.



CREDIT(S)


Added by S.L. 2011-60, § 2, eff. Dec. 1, 2011.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-23.8


Effective: December 1, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter III. Offenses Against the Person

Article 6A. Unborn Victims

§ 14-23.8. Knowledge not required


Except for an offense under G.S. 14-23.2(a)(1), an offense under this Article does not require proof of either of the following:


(1) The person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant.


(2) The defendant intended to cause the death of, or bodily injury to, the unborn child.



CREDIT(S)


Added by S.L. 2011-60, § 2, eff. Dec. 1, 2011.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.


Article 39. Protection of Minors

Tags:10 NC (3.1%)

N.C.G.S.A. § 14-313


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-313. Youth access to tobacco products


(a) Definitions.--The following definitions apply in this section:


(1) Distribute.--To sell, furnish, give, or provide tobacco products, including tobacco product samples, or cigarette wrapping papers to the ultimate consumer.


(2) Proof of age.--A drivers license or other photographic identification that includes the bearer's date of birth that purports to establish that the person is 18 years of age or older.


(3) Sample.--A tobacco product distributed to members of the general public at no cost for the purpose of promoting the product.


(4) Tobacco product.--Any product that contains tobacco and is intended for human consumption.


(b) Sale or distribution to persons under the age of 18 years.--If any person shall distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette wrapping papers to any person under the age of 18 years, or if any person shall purchase tobacco products or cigarette wrapping papers on behalf of a person, less than 18 years, the person shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be unlawful to distribute tobacco products or cigarette wrapping papers to an employee when required in the performance of the employee's duties. Retail distributors of tobacco products shall prominently display near the point of sale a sign in letters at least five-eighths of an inch high which states the following:


N.C. LAW STRICTLY PROHIBITS


THE PURCHASE OF TOBACCO PRODUCTS


BY PERSONS UNDER THE AGE OF 18.


PROOF OF AGE REQUIRED.


Failure to post the required sign shall be an infraction punishable by a fine of twenty-five dollars ($25.00) for the first offense and seventy-five dollars ($75.00) for each succeeding offense.


A person engaged in the sale of tobacco products shall demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under 18 years of age. Failure to demand proof of age as required by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of age. Retail distributors of tobacco products shall train their sales employees in the requirements of this law. Proof of any of the following shall be a defense to any action brought under this subsection:


(1) The defendant demanded, was shown, and reasonably relied upon proof of age in the case of a retailer, or any other documentary or written evidence of age in the case of a nonretailer.


(2) The defendant relied on the electronic system established and operated by the Division of Motor Vehicles pursuant to G.S. 20-37.02.


(3) The defendant relied on a biometric identification system that demonstrated (i) the purchaser's age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller's agent a drivers license, a special identification card issued under G.S. 20-377.7, a military identification card, or a passport showing the purchaser's date of birth and bearing a physical description of the person named on the card.


(b1) Vending machines.--Tobacco products shall not be distributed in vending machines; provided, however, vending machines distributing tobacco products are permitted (i) in any establishment which is open only to persons 18 years of age and older; or (ii) in any establishment if the vending machine is under the continuous control of the owner or licensee of the premises or an employee thereof and can be operated only upon activation by the owner, licensee, or employee prior to each purchase and the vending machine is not accessible to the public when the establishment is closed. The owner, licensee, or employee shall demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under 18 years of age. Failure to demand proof of age as required by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of age. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought under this subsection. Vending machines distributing tobacco products in establishments not meeting the above conditions shall be removed prior to December 1, 1997. Any person distributing tobacco products through vending machines in violation of this subsection shall be guilty of a Class 2 misdemeanor.


(c) Purchase by persons under the age of 18 years.--If any person under the age of 18 years purchases or accepts receipt, or attempts to purchase or accept receipt, of tobacco products or cigarette wrapping papers, or presents or offers to any person any purported proof of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor.


(d) Send or assist person less than 18 years to purchase or receive tobacco product.--If any person shall send a person less than 18 years of age to purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco products or cigarette wrapping papers, or if any person shall aid or abet a person who is less than 18 years of age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive tobacco products or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor; provided, however, persons under the age of 18 may be enlisted by police or local sheriffs' departments to test compliance if the testing is under the direct supervision of that law enforcement department and written parental consent is provided; provided further, that the Department of Health and Human Services shall have the authority, pursuant to a written plan prepared by the Secretary of Health and Human Services, to use persons under 18 years of age in annual, random, unannounced inspections, provided that prior written parental consent is given for the involvement of these persons and that the inspections are conducted for the sole purpose of preparing a scientifically and methodologically valid statistical study of the extent of success the State has achieved in reducing the availability of tobacco products to persons under the age of 18, and preparing any report to the extent required by section 1926 of the Federal Public Health Service Act (42 USC § 300x-26).


(e) Statewide uniformity.--It is the intent of the General Assembly to prescribe this uniform system for the regulation of tobacco products to ensure the eligibility for and receipt of any federal funds or grants that the State now receives or may receive relating to the provisions of G.S. 14-313. To ensure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules or regulations concerning the sale, distribution, display or promotion of tobacco products or cigarette wrapping papers on or after September 1, 1995. This subsection does not apply to the regulation of vending machines, nor does it prohibit the Secretary of Revenue from adopting rules with respect to the administration of the tobacco products taxes levied under Article 2A of Chapter 105 of the General Statutes.


(f) Deferred prosecution.--Notwithstanding G.S. 15A-1341(a1), any person charged with a misdemeanor under this section shall be qualified for deferred prosecution pursuant to Article 82 of Chapter 15A of the General Statutes provided the defendant has not previously been placed on probation for a violation of this section and so states under oath.



CREDIT(S)


Amended by Laws 1969, c. 1224, § 3; Laws 1991, c. 628, § 1; Laws 1993, c. 539, § 216, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; Laws 1995, c. 241, § 1, eff. Dec. 1, 1995; S.L. 1997-434, §§ 1 to 6, eff. Dec. 1, 1997; S.L. 1997-443, § 11A.118(a), eff. July 1, 1997; S.L. 2001-461, § 5, eff. Nov. 14, 2001; S.L. 2002-159, § 5, eff. Oct. 11, 2002; S.L. 2005-350, § 6(b), eff. Sept. 7, 2005.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-314


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-314. Repealed by Laws 1971, c. 31



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-315


Effective: June 24, 2011


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-315. Selling or giving weapons to minors


(a) Sale of Weapons Other Than Handguns.--If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.


(a1) Sale of Handguns.--If a person sells, offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14-269.7, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section. This section does not apply in any of the following circumstances:


(1) The handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful.


(2) The handgun is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun except that the adult custodian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful.


(3) The handgun is a devise and is distributed to a parent or guardian under G.S. 28A-22-7, and the minor does not take possession of the handgun except that the parent or guardian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful.


(b) Repealed by Laws 1993, c. 597, § 2, eff. Jan. 1, 1995.


(b1) Defense.--It shall be a defense to a violation of this section if all of the following conditions are met:


(1) The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14-402 or G.S. 14-409.1 [FN1] for transfer of the weapon to an adult.


(2) The person reasonably believed that the minor was not a minor.


(3) The person either:


a. Shows that the minor produced a drivers license, a special identification card issued under G.S. 20-37.7, a military identification card, or a passport, showing the minor's age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or


b. Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age.



CREDIT(S)


Amended by Laws 1985, c. 199, § 1; Laws 1993, c. 259, § 3, eff. Sept. 1, 1993; Laws 1993, c. 539, § 217, eff. Oct. 1, 1994; Laws 1993 (Reg. Sess., 1994), c. 597, § 2, eff. Jan. 1, 1995; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; Laws 1996 (2nd Ex. Sess.), c. 18, § 20.13(b), eff. Jan. 1, 1997; S.L. 2011-284, § 9, eff. June 24, 2011.


[FN1] Repealed by Laws 1995, c. 487.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-315.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-315.1. Storage of firearms to protect minors


(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:


(1) Possesses it in violation of G.S. 14-269.2(b);


(2) Exhibits it in a public place in a careless, angry, or threatening manner;


(3) Causes personal injury or death with it not in self defense; or


(4) Uses it in the commission of a crime.


(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.


(c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.


(d) “Minor” as used in this section means a person under 18 years of age who is not emancipated.



CREDIT(S)


Added by Laws 1993, c. 558, § 2, eff. Dec. 1, 1993. Amended by Laws 1994 (1st Ex. Sess.), c. 14, § 11, eff. Oct. 1, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-315.2


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-315.2. Warning upon sale or transfer of firearm to protect minor


(a) Upon the retail commercial sale or transfer of any firearm, the seller or transferor shall deliver a written copy of G.S. 14-315.1 to the purchaser or transferee.


(b) Any retail or wholesale store, shop, or sales outlet that sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height the phrase: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR.”


(c) A violation of subsection (a) or (b) of this section is a Class 1 misdemeanor.



CREDIT(S)


Added by Laws 1993, c. 558, § 2, eff. Dec. 1, 1993. Amended by Laws 1994 (1st Ex. Sess.), c. 14, § 12, eff. Oct. 1, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-316


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-316. Permitting young children to use dangerous firearms


(a) It shall be unlawful for any parent, guardian, or person standing in loco parentis, to knowingly permit his child under the age of 12 years to have the possession, custody or use in any manner whatever, any gun, pistol or other dangerous firearm, whether such weapon be loaded or unloaded, except when such child is under the supervision of the parent, guardian or person standing in loco parentis. It shall be unlawful for any other person to knowingly furnish such child any weapon enumerated herein. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.


(b) Air rifles, air pistols, and BB guns shall not be deemed “dangerous firearms” within the meaning of subsection (a) of this section except in the following counties: Anson, Caldwell, Caswell, Chowan, Cleveland, Cumberland, Durham, Forsyth, Gaston, Harnett, Haywood, Mecklenburg, Stanly, Stokes, Surry, Union, Vance.



CREDIT(S)


Amended by Laws 1965, c. 813; Laws 1971, c. 309; Laws 1993, c. 539, § 218, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-316.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-316.1. Contributing to delinquency and neglect by parents and others


Any person who is at least 16 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected as defined by G.S. 7B-101 and G.S. 7B-1501 shall be guilty of a Class 1 misdemeanor.


It is not necessary for the district court exercising juvenile jurisdiction to make an adjudication that any juvenile is delinquent, undisciplined, abused, or neglected in order to prosecute a parent or any person, including an employee of the Division of Juvenile Justice of the Department of Public Safety under this section. An adjudication that a juvenile is delinquent, undisciplined, abused, or neglected shall not preclude a subsequent prosecution of a parent or any other person including an employee of the Division of Juvenile Justice of the Department of Public Safety, who contributes to the delinquent, undisciplined, abused, or neglected condition of any juvenile.



CREDIT(S)


Amended by Laws 1959, c. 1284; Laws 1969, c. 911, § 4; Laws 1971, c. 1180, § 5; Laws 1979, c. 692; Laws 1983, c. 175, §§ 8, 10; Laws 1983, c. 720, § 4; Laws 1993, c. 539, § 219, eff. Oct. 1, 1994; Laws 1994(1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 1997-443, § 11A.118(a), eff. July 1, 1997; S.L. 1998-202, § 4(b), eff. Jan. 1, 1999; S.L. 2000-137, § 4(c), eff. July 20, 2000; S.L. 2011-145, § 19.1(l), eff. Jan. 1, 2012.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-317


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-317. Permitting minors to enter barrooms or billiard rooms


If the manager or owner of any barroom, wherein beer, wine, or any alcoholic beverages are sold or consumed, or billiard room shall knowingly allow any minor under 18 years of age to enter or remain in such barroom or billiard room, where before such minor under 18 years of age enters or remains in such barroom or billiard room, the manager or owner thereof has been notified in writing by the parents or guardian of such minor under 18 years of age not to allow him to enter or remain in such barroom or billiard room, he shall be guilty of a Class 3 misdemeanor.



CREDIT(S)


Amended by Laws 1967, c. 1089; Laws 1993, c. 539, § 220, eff. Oct. 1, 1994; Laws 1994(1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-318


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-318. Exposing children to fire


If any person shall leave any child under the age of eight years locked or otherwise confined in any dwelling, building or enclosure, and go away from such dwelling, building or enclosure without leaving some person of the age of discretion in charge of the same, so as to expose the child to danger by fire, the person so offending shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1983, c. 175, §§ 9, 10; Laws 1983, c. 720, § 4; Laws 1993, c. 539, § 221, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-318.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-318.1. Discarding or abandoning iceboxes, etc.; precautions required


It shall be unlawful for any person, firm or corporation to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than one and one-half cubic feet of clear space which is airtight, without first removing the door or doors or hinges from such icebox, refrigerator, container, device or equipment. This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.



CREDIT(S)


Added by Laws 1955, c. 305. Amended by Laws 1993, c. 539, § 222, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-318.2


Effective: August 28, 2009


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-318.2. Child abuse a misdemeanor


(a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse.


(b) The Class A1 misdemeanor of child abuse is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies.


(c) A parent who abandons an infant less than seven days of age pursuant to G.S. 14-322.3 shall not be prosecuted under this section for any acts or omissions related to the care of that infant.



CREDIT(S)


Added by Laws 1965, c. 472, § 1. Amended by Laws 1971, c. 710, § 6; Laws 1993, c. 539, § 223, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 14, § 13, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 2001-291, § 4, eff. July 19, 2001; S.L. 2008-191, § 1, eff. Dec. 1, 2008; S.L. 2009-570, § 6, eff. Aug. 28, 2009.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-318.3


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-318.3. Repealed by Laws 1971, c. 710, § 7



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-318.4


Effective: December 1, 2008 to November 30, 2013


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-318.4. Child abuse a felony


 

<Text of section eff. until Dec. 1, 2013. See, also, section eff. Dec. 1, 2013.>


(a) A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious physical injury upon or to the child or who intentionally commits an assault upon the child which results in any serious physical injury to the child is guilty of a Class E felony, except as otherwise provided in subsection (a3) of this section.


(a1) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of the child, who commits, permits, or encourages any act of prostitution with or by the child is guilty of child abuse and shall be punished as a Class E felon.


(a2) Any parent or legal guardian of a child less than 16 years of age who commits or allows the commission of any sexual act upon the child is guilty of a Class E felony.


(a3) A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious bodily injury to the child or who intentionally commits an assault upon the child which results in any serious bodily injury to the child, or which results in permanent or protracted loss or impairment of any mental or emotional function of the child, is guilty of a Class C felony.


(a4) A parent or any other person providing care to or supervision of a child less than 16 years of age whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class E felony if the act or omission results in serious bodily injury to the child.


(a5) A parent or any other person providing care to or supervision of a child less than 16 years of age whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class H felony if the act or omission results in serious physical injury to the child.


(b) The felony of child abuse is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies.


(c) Abandonment of an infant less than seven days of age pursuant to G.S. 14-322.3 may be treated as a mitigating factor in sentencing for a conviction under this section involving that infant.


(d) The following definitions apply in this section:


(1) Serious bodily injury. -- Bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.


(2) Serious physical injury. -- Physical injury that causes great pain and suffering. The term includes serious mental injury.



CREDIT(S)


Added by Laws 1979, c. 897, § 1. Amended by Laws 1979 (2nd Ex. Sess.), c. 1316, § 18; Laws 1981, c. 63, § 1; Laws 1981, c. 179, § 14; Laws 1983, c. 653, § 1; Laws 1983, c. 916, § 1; Laws 1985, c. 509, § 5; Laws 1985, c. 668, § 1; Laws 1993, c. 539, § 1233, eff. Oct. 1, 1994; Laws 1994(1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 1999-451, § 1, eff. Dec. 1, 1999; S.L. 2001-291, § 5, eff. July 19, 2001; S.L. 2008-191, § 2, eff. Dec. 1, 2008.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-318.4


Effective: December 1, 2013


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-318.4. Child abuse a felony


 

<Text of section eff. Dec. 1, 2013. See, also, section eff. until Dec. 1, 2013.>


(a) A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious physical injury upon or to the child or who intentionally commits an assault upon the child which results in any serious physical injury to the child is guilty of a Class D felony, except as otherwise provided in subsection (a3) of this section.


(a1) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of the child, who commits, permits, or encourages any act of prostitution with or by the child is guilty of child abuse and shall be punished as a Class D felon.


(a2) Any parent or legal guardian of a child less than 16 years of age who commits or allows the commission of any sexual act upon the child is guilty of a Class D felony.


(a3) A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious bodily injury to the child or who intentionally commits an assault upon the child which results in any serious bodily injury to the child, or which results in permanent or protracted loss or impairment of any mental or emotional function of the child, is guilty of a Class B2 felony.


(a4) A parent or any other person providing care to or supervision of a child less than 16 years of age whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class E felony if the act or omission results in serious bodily injury to the child.


(a5) A parent or any other person providing care to or supervision of a child less than 16 years of age whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class G felony if the act or omission results in serious physical injury to the child.


(a6) For purposes of this section, a “grossly negligent omission” in providing care to or supervision of a child includes the failure to report a child as missing to law enforcement as provided in G.S. 14-318.5(b).


(b) The felony of child abuse is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies.


(c) Abandonment of an infant less than seven days of age pursuant to G.S. 14-322.3 may be treated as a mitigating factor in sentencing for a conviction under this section involving that infant.


(d) The following definitions apply in this section:


(1) Serious bodily injury.--Bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.


(2) Serious physical injury.--Physical injury that causes great pain and suffering. The term includes serious mental injury.



CREDIT(S)


Added by Laws 1979, c. 897, § 1. Amended by Laws 1979 (2nd Ex. Sess.), c. 1316, § 18; Laws 1981, c. 63, § 1; Laws 1981, c. 179, § 14; Laws 1983, c. 653, § 1; Laws 1983, c. 916, § 1; Laws 1985, c. 509, § 5; Laws 1985, c. 668, § 1; Laws 1993, c. 539, § 1233, eff. Oct. 1, 1994; Laws 1994(1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994; S.L. 1999-451, § 1, eff. Dec. 1, 1999; S.L. 2001-291, § 5, eff. July 19, 2001; S.L. 2008-191, § 2, eff. Dec. 1, 2008; S.L. 2013-35, § 1, eff. Dec. 1, 2013; S.L. 2013-52, § 3, eff. Dec. 1, 2013.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-318.5


Effective: December 1, 2013


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-318.5. Failure to report the disappearance of a child to law enforcement; immunity of person reporting in good faith


 

<Text of section eff. Dec. 1, 2013.>


(a) The following definitions apply in this section:


(1) Child.--Any person who is less than 16 years of age.


(2) Disappearance of a child.--When the parent or other person providing supervision of a child does not know the location of the child and has not had contact with the child for a 24-hour period.


(b) A parent or any other person providing care to or supervision of a child who knowingly or wantonly fails to report the disappearance of a child to law enforcement is in violation of this subsection. Unless the conduct is covered under some other provision of law providing greater punishment, a violation of this subsection is punishable as a Class I felony.


(c) Any person who reasonably suspects the disappearance of a child and who reasonably suspects that the child may be in danger shall report those suspicions to law enforcement within a reasonable time. Unless the conduct is covered under some other provision of law providing greater punishment, a violation of this subsection is punishable as a Class 1 misdemeanor.


(d) This section does not apply if G.S. 110-102.1 is applicable.


(e) Notwithstanding subsection (b) or (c) of this section, if a child is absent from school, a teacher is not required to report the child's absence to law enforcement officers under this section, provided the teacher reports the child's absence from school pursuant to Article 26 of Chapter 115C of the General Statutes.


(f) The felony of failure to report the disappearance of a child as required by subsection (b) of this section is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies.


(g) Any person who reports the disappearance of a child as required by this section is immune from any civil or criminal liability that might otherwise be incurred or imposed for that action, provided that the person was acting in good faith. In any proceeding involving liability, good faith is presumed.



CREDIT(S)


Added by S.L. 2013-52, § 2, eff. Dec. 1, 2013.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-319


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-319. Repealed by Laws 1975, c. 402



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-320


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-320. Repealed by Laws 1987, c. 716, § 2



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-320.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-320.1. Transporting child outside the State with intent to violate custody order


When any federal court or state court in the United States shall have awarded custody of a child under the age of 16 years, it shall be a felony for any person with the intent to violate the court order to take or transport, or cause to be taken or transported, any such child from any point within this State to any point outside the limits of this State or to keep any such child outside the limits of this State. Such crime shall be punishable as a Class I felony. Provided that keeping a child outside the limits of the State in violation of a court order for a period in excess of 72 hours shall be prima facie evidence that the person charged intended to violate the order at the time of taking.



CREDIT(S)


Added by Laws 1969, c. 81. Amended by Laws 1979, c. 760, § 5; Laws 1979 (2nd Sess.), c. 1316, § 47; Laws 1981, c. 63, § 1; Laws 1981, c. 179, § 14; Laws 1983, c. 563, § 1; Laws 1993, c. 539, § 1234, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-321


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-321. Failing to pay minors for doing certain work


Whenever any person, having a contract with any corporation, company or person for the manufacture or change of any raw material by the piece or pound, shall employ any minor to assist in the work upon the faith of and by color of such contract, with intent to cheat and defraud such minor, and, having secured the contract price, shall willfully fail to pay the minor when he shall have performed his part of the contract work, whether done by the day or by the job, the person so offending shall be guilty of a Class 3 misdemeanor.



CREDIT(S)


Amended by Laws 1993, c. 539, § 224, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-321.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 39. Protection of Minors

§ 14-321.1. Prohibit baby sitting service by sex offender or in the home of a sex offender


(a) For purposes of this section the term “baby sitting service” means providing, for profit, supervision or care for a child under the age of 13 years who is unrelated to the provider by blood, marriage, or adoption, for more than two hours per day while the child's parents or guardian are not on the premises.


(b) Notwithstanding any other provision of law, no person who is an adult may provide or offer to provide a baby sitting service in any of the following circumstances:


(1) The baby sitting service is offered in a home and a resident of the home is a sex offender who is registered in accordance with Article 27A of Chapter 14 of the General Statutes.


(2) A provider of care for the baby sitting service is a sex offender who is registered in accordance with Article 27A of Chapter 14 of the General Statutes.


(c) A violation of this section that is a first offense is a Class 1 misdemeanor. A violation of this section that is a second or subsequent offense is a Class H felony.



CREDIT(S)


Added by S.L. 2005-416, § 4, eff. Dec. 1, 2005.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. Ch. 14, Subch. XI, Art. 40, Refs & Annos


 

West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-322


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family (Refs & Annos)

§ 14-322. Abandonment and failure to support spouse and children


(a) For purposes of this Article:


(1) “Supporting spouse” means a spouse, whether husband or wife, upon whom the other spouse is actually substantially dependent or from whom such other spouse is substantially in need of maintenance and support.


(2) “Dependent spouse” means a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.


(b) Any supporting spouse who shall willfully abandon a dependent spouse without providing that spouse with adequate support shall be guilty of a Class 1 or 2 misdemeanor and upon conviction shall be punished according to subsection (f).


(c) Any supporting spouse who, while living with a dependent spouse, shall willfully neglect to provide adequate support for that dependent spouse shall be guilty of a misdemeanor and upon conviction shall be punished according to subsection (f).


(d) Any parent who shall willfully neglect or refuse to provide adequate support for that parent's child, whether natural or adopted, and whether or not the parent abandons the child, shall be guilty of a misdemeanor and upon conviction shall be punished according to subsection (f). Willful neglect or refusal to provide adequate support of a child shall constitute a continuing offense and shall not be barred by any statute of limitations until the youngest living child of the parent shall reach the age of 18 years.


(e) Upon conviction for an offense under this section, the court may make such order as will best provide for the support, as far as may be necessary, of the abandoned spouse or child, or both, from the property or labor of the defendant. If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S. 50-13.4(c). For child support orders initially entered on or after January 1, 1994, the immediate income withholding provisions of G.S. 110-136.5(c1) shall apply.


(f) A first offense under this section is a Class 2 misdemeanor. A second or subsequent offense is a Class 1 misdemeanor.



CREDIT(S)


Amended by Laws 1949, c. 810; Laws 1957, c. 369; Laws 1969, c. 1045, § 1; Laws 1981, c. 683, § 1; Laws 1989, c. 529, § 4; Laws 1993, c. 517, § 3, eff. Jan. 1, 1994; Laws 1993, c. 539, §§ 225, 226, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-322.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family (Refs & Annos)

§ 14-322.1. Abandonment of child or children for six months


Any man or woman who, without just cause or provocation, willfully abandons his or her child or children for six months and who willfully fails or refuses to provide adequate means of support for his or her child or children during the six months' period, and who attempts to conceal his or her whereabouts from his or her child or children with the intent of escaping his lawful obligation for the support of said child or children, shall be punished as a Class I felon.



CREDIT(S)


Added by Laws 1963, c. 1227. Amended by Laws 1979, c. 760, § 5; Laws 1979 (2nd Ex. Sess.), c. 1316, § 47; Laws 1981, c. 63, § 1; Laws 1981, c. 179, § 14; Laws 1983, c. 653, § 2.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-322.2


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family (Refs & Annos)

§ 14-322.2. Repealed by Laws 1979, c. 838, § 28



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-322.3


Effective: December 1, 2012


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family (Refs & Annos)

§ 14-322.3. Abandonment of an infant under seven days of age


When a parent abandons an infant less than seven days of age by voluntarily delivering the infant as provided in G.S. 7B-500(b) or G.S. 7B-500(d) and does not express an intent to return for the infant, that parent shall not be prosecuted under G.S. 14-322, 14-322.1, or 14-43.14.



CREDIT(S)


Added by S.L. 2001-291, § 7, eff. July 19, 2001. Amended by S.L. 2012-153, § 4, eff. Dec. 1, 2012.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-323


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family (Refs & Annos)

§§ 14-323 to 14-325. Repealed by Laws 1981, c. 683, § 3



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-325


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family (Refs & Annos)

§§ 14-323 to 14-325. Repealed by Laws 1981, c. 683, § 3



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-325.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family (Refs & Annos)

§ 14-325.1. When offense of failure to support child deemed committed in State


The offense of willful neglect or refusal of a parent to support and maintain a child, and the offense of willful neglect or refusal to support and maintain one's illegitimate child, shall be deemed to have been committed in the State of North Carolina whenever the child is living in North Carolina at the time of such willful neglect or refusal to support and maintain such child.



CREDIT(S)


Added by Laws 1953, c. 677. Amended by Laws 1981, c. 683, § 2.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-326


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family (Refs & Annos)

§ 14-326. Repealed by Laws 1981, c. 683, § 3



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.



N.C.G.S.A. § 14-326.1


Effective:[See Text Amendments]


West's North Carolina General Statutes Annotated Currentness

Chapter 14. Criminal Law

Subchapter XI. General Police Regulations

Article 40. Protection of the Family (Refs & Annos)

§ 14-326.1. Parents; failure to support


If any person being of full age, and having sufficient income after reasonably providing for his or her own immediate family shall, without reasonable cause, neglect to maintain and support his or her parent or parents, if such parent or parents be sick or not able to work and have not sufficient means or ability to maintain or support themselves, such person shall be deemed guilty of a Class 2 misdemeanor; upon conviction of a second or subsequent offense such person shall be guilty of a Class 1 misdemeanor.


If there be more than one person bound under the provisions of the next preceding paragraph to support the same parent or parents, they shall share equitably in the discharge of such duty.



CREDIT(S)


Added by Laws 1955, c. 1099. Amended by Laws 1969, c. 1045, § 3; Laws 1993, c. 539, § 227, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.



The statutes and Constitution are current through S.L. 2013-55 of the 2013 Regular Session of the General Assembly.


Chapter 639. Offenses Against the Family

Tags:42 NH (0.4%)

N.H. Rev. Stat. § 639:1


Effective:[See Text Amendments]


Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)

Chapter 639. Offenses Against the Family

 639:1 Bigamy.


A person is guilty of a class B felony if, having a spouse and knowing that he is not legally eligible to marry, he marries another.



Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services



N.H. Rev. Stat. § 639:2


Effective: January 1, 2009


Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)

Chapter 639. Offenses Against the Family

 639:2 Incest.


I. A person is guilty of a class B felony if he or she marries or engages in sexual penetration as defined in RSA 632-A:1, V, or lives together with, under the representation of being married, a person 18 years or older whom he or she knows to be his or her ancestor, descendant, brother, or sister, of the whole or half blood, or an uncle, aunt, nephew, or niece; provided, however, that no person under the age of 18 shall be liable under this section if the other party is at least 3 years older at the time of the act. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption.


II. In cases of alleged incest where the victim is under the age of 18 when the alleged offense occurred, the statute of limitations shall run pursuant to RSA 625:8, III(d).


III. Notwithstanding the provisions of paragraph I, a person convicted of incest where the victim is under the age of 18 shall be sentenced to a maximum sentence which is not to exceed 20 years and a minimum which is not to exceed    1/

 
2 the maximum. Notwithstanding the provisions of this paragraph, no person under 18 years of age shall be subject to any minimum sentence of imprisonment for a conviction of incest under this section.

Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services



N.H. Rev. Stat. § 639:3


Effective:[See Text Amendments]


Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)

Chapter 639. Offenses Against the Family

 639:3 Endangering Welfare of Child or Incompetent.


I. A person is guilty of endangering the welfare of a child or incompetent if he knowingly endangers the welfare of a child under 18 years of age or of an incompetent person by purposely violating a duty of care, protection or support he owes to such child or incompetent, or by inducing such child or incompetent to engage in conduct that endangers his health or safety.


II. In the prosecution of any person under this section, the tattooing or branding by any person of a child under the age of 18 constitutes endangering the welfare of such child.


III. In the prosecution of any person under this section, the solicitation by any person of a child under the age of 16 to engage in sexual activity as defined by RSA 649-A:2, III for the purpose of creating a visual representation as defined in RSA 649-A:2, IV, or to engage in sexual penetration as defined by RSA 632-A:1, V, constitutes endangering the welfare of such child.


IV. A person who pursuant to the tenets of a recognized religion fails to conform to an otherwise existing duty of care or protection is not guilty of an offense under this section.


V. A person who endangers the welfare of a child or incompetent by violating paragraph III of this section is guilty of a class B felony. All other violations of this section are misdemeanors.


VI. No person acting in accordance with the provisions of RSA 132-A shall be guilty of an offense under this section.



Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services



N.H. Rev. Stat. § 639:4


Effective:[See Text Amendments]


Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)

Chapter 639. Offenses Against the Family

 639:4 Non-Support.


I. A person is guilty of non-support if such person knowingly fails to provide support which such person is legally obliged to provide and which such person can provide to a spouse, child or other dependent. The fine, if any, shall be paid or applied in whole or in part to the support of such spouse, child or other dependent as the court may direct.


II. In this section, non-support shall be:


(a) A class B felony if the arrearage of support has remained unpaid for a cumulative period of more than one year;


(b) A class B felony if the amount of the arrearage is more than $10,000;


(c) A class B felony if the obligor has been previously convicted of non-support under this section or if the obligor has been convicted of a similar criminal nonsupport offense in another state and the arrearage of support in this state has remained unpaid for a cumulative period of more than one year; or


(d) A class A misdemeanor in all other cases.



Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services



N.H. Rev. Stat. § 639:5


Effective:[See Text Amendments]


Revised Statutes Annotated of the State of New Hampshire Currentness

Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)

Chapter 639. Offenses Against the Family

 639:5 Concealing Death of a Newborn.


A person is guilty of a class B felony if he knowingly conceals the corpse of a newborn child.



Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services



Chapter 201. Crimes Against Public Decency and Good Morals

Tags:35 NV (0.9%)

N.R.S. T. 15, Ch. 201, Refs & Annos


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals

Contributory Delinquency and Neglect of Children



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.090


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Contributory Delinquency and Neglect of Children (Refs & Annos)

 201.090. “Neglected child,” “delinquent child” and “child in need of supervision” defined


As used in NRS 201.100 and 201.110, unless the context otherwise requires, a “neglected child,” “delinquent child” or “child in need of supervision” means any person less than 18 years of age:


1. Who is found begging, receiving or gathering alms, or who is found in any street, road or public place for the purpose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing.


2. Who has no parent or guardian, who has no parent or guardian willing to exercise or capable of exercising proper parental control, or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control.


3. Who is destitute, or who is not provided with the necessities of life by his or her parents, and who has no other means of obtaining such necessities.


4. Whose home is an unfit place for the child, by reason of neglect, cruelty or depravity of either of his or her parents, or of his or her guardians or other person in whose custody or care the child is.


5. Who is found living in any house of ill fame, or with any disreputable person.


6. Who is found wandering and either has no home, no settled place of abode, no visible means of subsistence or no proper guardianship.


7. Who frequents the company of criminals, vagrants or prostitutes, or persons so reputed, or who is in any house of prostitution or assignation.


8. Who unlawfully visits a saloon where any spirituous, vinous or malt liquors are sold, bartered, exchanged or given away.


9. Who habitually uses intoxicating liquors or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician.


10. Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his or her parents, guardian or custodian, or who is beyond the control of such person.


11. Who is a habitual truant from school.


12. Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life.


13. Who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct.


14. Who violates any law of this State or any ordinance of any town, city or county of this State defining crime.


Any child who is a runaway, unmanageable or a habitual truant is a child in need of supervision as that term is used in title 5 of NRS, and is not a delinquent child.


CREDIT(S)


Amended by Laws 1973, p. 1350; Laws 2003, c. 206, § 309, eff. Jan. 1, 2004.


Formerly section 1 of chapter 165 of Laws 1909 [part]; Laws 1911, p. 382; Laws 1921, p. 21; Laws 1955, p. 152.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.100


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Contributory Delinquency and Neglect of Children (Refs & Annos)

 201.100. How offense may be termed


When the charge against any person under NRS 201.090, 201.100 and 201.110 concerns the neglect of a child or children, or the problems of a child in need of supervision, the offense, for convenience, may be termed “contributory neglect,” and when it concerns the delinquency of a child or children, for convenience it may be termed “contributory delinquency.”


CREDIT(S)


Amended by Laws 1973, p. 1351.


Formerly section 1 of chapter 165 of Laws 1909 [part]; Laws 1911, p. 382; Laws 1921, p. 21; Laws 1955, p. 152.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.110


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Contributory Delinquency and Neglect of Children (Refs & Annos)

 201.110. Definition; penalties; exception


1. Except as otherwise provided in this section, any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 to become a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090, 201.100 and 201.110 or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of 18 to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090, is guilty of contributory neglect or contributory delinquency. Contributory neglect or contributory delinquency is a misdemeanor.


2. A person does not commit a violation of subsection 1 by virtue of the sole fact that the person delivers or induces the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.


CREDIT(S)


Amended by Laws 1967, p. 474; Laws 1973, p. 1351; Laws 2001, c. 276, § 15, eff. May 31, 2001.


Formerly section 1 of chapter 165 of Laws 1909 [part]; Laws 1911, p. 382; Laws 1921, p. 21; Laws 1955, p. 152.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).


Chapter 205. Crimes Against Property

Tags:35 NV (0.9%)

N.R.S. 205.870


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 205. Crimes Against Property (Refs & Annos)

Obtaining Child Care with Intent to Defraud

 205.870. Definitions


As used in NRS 205.880 and 205.890, unless the context otherwise requires:


1. “Care” includes board, laundry, lodging, teaching, incidental materials and supplies, necessary articles of apparel or clothing and necessary medical, nursing or hospital service for which a child care establishment is liable.


2. “Child care establishment” includes any children's home, day nursery, kindergarten, nursery school or other similar establishment however designated, maintained or operated for the care of children for compensation or hire.


CREDIT(S)


Added by Laws 1987, p. 1302.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 205.880


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 205. Crimes Against Property (Refs & Annos)

Obtaining Child Care with Intent to Defraud

 205.880. Obtaining care for child in child care establishment with intent to defraud keeper or proprietor; penalty; exception


1. Any person who obtains care for any child in any child care establishment with intent to defraud the keeper or proprietor of that establishment is guilty of a misdemeanor.


2. This section does not apply where there has been an agreement in writing for delay in payment for a period exceeding 10 days.


CREDIT(S)


Added by Laws 1987, p. 1302.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 205.890


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 205. Crimes Against Property (Refs & Annos)

Obtaining Child Care with Intent to Defraud

 205.890. Prima facie evidence of intent to defraud


The obtaining of care for a child in a child care establishment by means of any false pretense or representation, knowingly made, or the refusal or willful neglect to pay for that care, or the giving in payment for that care of any negotiable paper on which payment is refused, or the removal of a child from such an establishment without paying or offering to pay for the child's care, or the surreptitious removal or attempt to remove a child from that establishment, is prima facie evidence of intent to defraud the keeper or proprietor of that establishment.


CREDIT(S)


Added by Laws 1987, p. 1302.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).


Article 10. Marital and Familial Offenses

Tags:36 NM (0.7%)

N. M. S. A. 1978, § 30-10-1


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 10. Marital and Familial Offenses

§ 30-10-1. Bigamy


Bigamy consists of knowingly entering into a marriage by or with a person who has previously contracted one or more marriages which have not been dissolved by death, divorce or annulment. Both parties may be principals.


Whoever commits bigamy is guilty of a fourth degree felony.


CREDIT(S)


L. 1963, Ch. 303, § 10-1.


Formerly 1953 Comp., § 40A-10-1.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-10-2


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 10. Marital and Familial Offenses

§ 30-10-2. Repealed by L. 2001, Ch. 32, § 1


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-10-3


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 10. Marital and Familial Offenses

§ 30-10-3. Incest


Incest consists of knowingly intermarrying or having sexual intercourse with persons within the following degrees of consanguinity: parents and children including grandparents and grandchildren of every degree, brothers and sisters of the half as well as of the whole blood, uncles and nieces, aunts and nephews.


Whoever commits incest is guilty of a third degree felony.


CREDIT(S)


L. 1963, Ch. 303, § 10-3.


Formerly 1953 Comp., § 40A-10-3.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)


Article 5. Abortion

Tags:36 NM (0.7%)

West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 5. Abortion (Refs & Annos)

§ 30-5-1. Definitions


As used in this article;


A. “pregnancy” means the implantation of an embryo in the uterus;


B. “accredited hospital” means one licensed by the health and social services department [public health division of the department of health];


C. “justified medical termination” means the intentional ending of the pregnancy of a woman at the request of said woman or if said woman is under the age of eighteen years, then at the request of said woman and her then living parent or guardian, by a physician licensed by the state of New Mexico using acceptable medical procedures in an accredited hospital upon written certification by the members of a special hospital board that:


(1) the continuation of the pregnancy, in their opinion, is likely to result in the death of the woman or the grave impairment of the physical or mental health of the woman; or


(2) the child probably will have a grave physical or mental defect; or


(3) the pregnancy resulted from rape, as defined in Sections 40A-9-2 through 40A-9-4 NMSA 1953. Under this paragraph, to justify a medical termination of the pregnancy, the woman must present to the special hospital board an affidavit that she has been raped and that the rape has been or will be reported to an appropriate law enforcement official; or


(4) the pregnancy resulted from incest;


D. “special hospital board” means a committee of two licensed physicians or their appointed alternates who are members of the medical staff at the accredited hospital where the proposed justified medical termination would be performed, and who meet for the purpose of determining the question of medical justification in an individual case, and maintain a written record of the proceedings and deliberations of such board.


CREDIT(S)


L. 1969, Ch. 67, § 1.


Formerly 1953 Comp., § 40A-5-1.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-5-2


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 5. Abortion (Refs & Annos)

§ 30-5-2. Persons and institutions exempt


This article does not require a hospital to admit any patient for the purposes of performing an abortion, nor is any hospital required to create a special hospital board. A person who is a member of, or associated with, the staff of a hospital, or any employee of a hospital, in which a justified medical termination has been authorized and who objects to the justified medical termination on moral or religious grounds shall not be required to participate in medical procedures which will result in the termination of pregnancy, and the refusal of any such person to participate shall not form the basis of any disciplinary or other recriminatory action against such person.


CREDIT(S)


L. 1969, Ch. 67, § 2.


Formerly 1953 Comp., § 40A-5-2.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-5-3


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 5. Abortion (Refs & Annos)

§ 30-5-3. Criminal abortion


Criminal abortion consists of administering to any pregnant woman any medicine, drug or other substance, or using any method or means whereby an untimely termination of her pregnancy is produced, or attempted to be produced, with the intent to destroy the fetus, and the termination is not a justified medical termination.


Whoever commits criminal abortion is guilty of a fourth degree felony. Whoever commits criminal abortion which results in the death of the woman is guilty of a second degree felony.


CREDIT(S)


L. 1969, Ch. 67, § 3.


Formerly 1953 Comp., § 40A-5-3.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-5A-1


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 5A. Partial-Birth Abortion Ban

§ 30-5A-1. Short title


This act may be cited as the “Partial-Birth Abortion Ban Act”.


CREDIT(S)


L. 2000, Ch. 55, § 1.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-5A-2


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 5A. Partial-Birth Abortion Ban

§ 30-5A-2. Definitions


As used in the Partial-Birth Abortion Ban Act:


A. “abortion” means the intentional termination of the pregnancy of a female by a person who knows the female is pregnant;


B. “fetus” means the biological offspring of human parents;


C. “partial-birth abortion” means a procedure in which any person, including a physician or other health care professional, intentionally extracts an independently viable fetus from the uterus into the vagina and mechanically extracts the cranial contents of the fetus in order to induce death; and


D. “physician” means a person licensed to practice in the state as a licensed physician pursuant to the Medical Practice Act [FN1] or an osteopathic physician licensed pursuant to Chapter 61, Article 10 NMSA 1978.


CREDIT(S)


L. 2000, Ch. 55, § 2.


[FN1] NMSA 1978, § 61-6-1 et seq.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-5A-3


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 5A. Partial-Birth Abortion Ban

§ 30-5A-3. Prohibition of partial-birth abortions


No person shall perform a partial-birth abortion except a physician who has determined that in his opinion the partial-birth abortion is necessary to save the life of a pregnant female or prevent great bodily harm to a pregnant female:


A. because her life is endangered or she is at risk of great bodily harm due to a physical disorder, illness or injury, including a condition caused by or arising from the pregnancy; and


B. no other medical procedure would suffice for the purpose of saving her life or preventing great bodily harm to her.


CREDIT(S)


L. 2000, Ch. 55, § 3.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-5A-4


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 5A. Partial-Birth Abortion Ban

§ 30-5A-4. Civil remedies


A. Except as provided in Subsection B of this section, the following persons may bring a civil action to obtain relief pursuant to this section against a person who has violated the provisions of Section 3 of the Partial-Birth Abortion Ban Act:


(1) the person on whom a partial-birth abortion was performed;


(2) the biological father of the fetus that was the subject of the partial-birth abortion; and


(3) the parents of the person on whom the partial-birth abortion was performed if that person had not reached the age of majority at the time of the abortion.


B. The persons named as having a right of action in Subsection A of this section are barred from bringing a civil action pursuant to this section if:


(1) the pregnancy of the person on whom the partial-birth abortion was performed resulted from criminal conduct of the person seeking to bring the action; or


(2) the partial-birth abortion was consented to by the person seeking to bring the action.


C. A person authorized to bring a civil action pursuant to this section may recover compensatory damages for loss caused by violation of Section 3 of the Partial-Birth Abortion Ban Act.


CREDIT(S)


L. 2000, Ch. 55, § 4.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-5A-5


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 5A. Partial-Birth Abortion Ban

§ 30-5A-5. Criminal penalty; exception


A. Except as provided in Subsections B, C, D and E of this section, a person who violates Section 3 of the Partial-Birth Abortion Ban Act is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.


B. The provisions of the Partial-Birth Abortion Ban Act shall apply only to the exact procedure specified in that act.


C. The provisions of the Partial-Birth Abortion Ban Act are not intended to criminalize any other method of terminating a woman's pregnancy.


D. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject a woman, upon whom the procedure specified in that act is performed, to criminal culpability as an accomplice, aider, abettor, solicitor or conspirator.


E. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject any person to criminal culpability pursuant to laws governing attempt, solicitation or conspiracy to commit a crime.


CREDIT(S)


L. 2000, Ch. 55, § 5.


SEVERABILITY


<Section 6 of L. 2000, Ch. 55 provides:>


<“SEVERABILITY--SECTION 3 NOT SEVERABLE.-->


<“A. Except for Section 3 of the Partial-Birth Abortion Ban Act, if any part or application of that act is held invalid, the remainder or its application to other situations or persons shall not be affected.>


<“B. If any part or application of Section 3 of the Partial-Birth Abortion Ban Act is held invalid, the remainder of that act or its application to other situations or persons shall be likewise invalid. Section 3 of that act is not severable.”>


<Section 3 of L. 2000, Ch. 55, the Partial-Birth Abortion Ban Act, was enacted as § 30-5A-3 NMSA 1978.>


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, Ch. 30, Art. 6, Refs & Annos


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 6. Crimes Against Children and Dependents


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-6-1


Effective: June 19, 2009


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 6. Crimes Against Children and Dependents (Refs & Annos)

§ 30-6-1. Abandonment or abuse of a child


A. As used in this section:


(1) “child” means a person who is less than eighteen years of age;


(2) “neglect” means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them; and


(3) “negligently” refers to criminal negligence and means that a person knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.


B. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect. A person who commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case the person is guilty of a second degree felony.


C. A parent, guardian or custodian who leaves an infant less than ninety days old in compliance with the Safe Haven for Infants Act shall not be prosecuted for abandonment of a child.


D. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:


(1) placed in a situation that may endanger the child's life or health;


(2) tortured, cruelly confined or cruelly punished; or


(3) exposed to the inclemency of the weather.


E. A person who commits abuse of a child that does not result in the child's death or great bodily harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony. If the abuse results in great bodily harm to the child, the person is guilty of a first degree felony.


F. A person who commits negligent abuse of a child that results in the death of the child is guilty of a first degree felony.


G. A person who commits intentional abuse of a child twelve to eighteen years of age that results in the death of the child is guilty of a first degree felony.


H. A person who commits intentional abuse of a child less than twelve years of age that results in the death of the child is guilty of a first degree felony resulting in the death of a child.


I. Evidence that demonstrates that a child has been knowingly, intentionally or negligently allowed to enter or remain in a motor vehicle, building or any other premises that contains chemicals and equipment used or intended for use in the manufacture of a controlled substance shall be deemed prima facie evidence of abuse of the child.


J. Evidence that demonstrates that a child has been knowingly and intentionally exposed to the use of methamphetamine shall be deemed prima facie evidence of abuse of the child.


K. A person who leaves an infant less than ninety days old at a hospital may be prosecuted for abuse of the infant for actions of the person occurring before the infant was left at the hospital.


CREDIT(S)


L. 1973, Ch. 360, § 10; L. 1977, Ch. 131, § 1; L. 1978, Ch. 103, § 1; L. 1984, Ch. 77, § 1; L. 1984, Ch. 92, § 5; L. 1989, Ch. 351, § 1; L. 1997, Ch. 163, § 1, eff. July 1, 1997; L. 2001, Ch. 31, § 9, eff. March 14, 2001; L. 2001, Ch. 132, § 9, eff. April 2, 2001; L. 2004, Ch. 10, § 1, eff. July 1, 2004; L. 2004, Ch. 11, § 1, eff. July 1, 2004; L. 2005, Ch. 59, § 1, eff. June 17, 2005; L. 2009, Ch. 259, § 1, eff. June 19, 2009.


Formerly 1953 Comp., § 40A-6-1.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-6-2


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 6. Crimes Against Children and Dependents (Refs & Annos)

§ 30-6-2. Abandonment of dependent


Abandonment of dependent consists of a person having the ability and means to provide for his spouse or minor child's support and abandoning or failing to provide for the support of such dependent.


Whoever commits abandonment of dependent is guilty of a fourth degree felony.


CREDIT(S)


L. 1963, Ch. 303, § 6-2; L. 1969, Ch. 182, § 4; L. 1973, Ch. 241, § 1; L. 1995, Ch. 123, § 1, eff. July 1, 1995.


Formerly 1953 Comp., § 40A-6-2.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-6-3


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 6. Crimes Against Children and Dependents (Refs & Annos)

§ 30-6-3. Contributing to delinquency of minor


Contributing to the delinquency of a minor consists of any person committing any act or omitting the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any person under the age of eighteen years.


Whoever commits contributing to the delinquency of a minor is guilty of a fourth degree felony.


CREDIT(S)


L. 1963, Ch. 303, § 6-3; L. 1990, Ch. 19, § 1.


Formerly 1953 Comp., § 40A-6-3.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)



N. M. S. A. 1978, § 30-6-4


Effective:[See Text Amendments]


West's New Mexico Statutes Annotated Currentness

Chapter 30. Criminal Offenses

Article 6. Crimes Against Children and Dependents (Refs & Annos)

§ 30-6-4. Obstruction of reporting or investigation of child abuse or neglect


Obstruction of reporting or investigation of child abuse or neglect consists of:


A. knowingly inhibiting, preventing, obstructing or intimidating another from reporting, pursuant to Section 32-1-15 NMSA 1978, child abuse or neglect, including child sexual abuse; or


B. knowingly obstructing, delaying, interfering with or denying access to a law enforcement officer or child protective services social worker in the investigation of a report of child abuse or sexual abuse.


Whoever commits obstruction of reporting or investigation of child abuse or neglect is guilty of a misdemeanor.


CREDIT(S)


L. 1989, Ch. 287, § 1.


Current through all 2012 legislation, and Chs. 2, 3, 4, 13, 50, 52, 54, 72, 74, 87, 109, 114, 117, 119, 154, 173-176, and 186 of the First Regular Session of the 51st Legislature (2013)


Chapter 201. Crimes Against Public Decency and Good Morals

Tags:35 NV (0.9%)

N.R.S. 201.160


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor

 201.160. Bigamy: Definition; penalty


1. Bigamy consists in the having of two wives or two husbands at one time, knowing that the former husband or wife is still alive.


2. If a married person marries any other person while the former husband or wife is alive, the person so offending is guilty of a category D felony and shall be punished as provided in NRS 193.130.


3. It is not necessary to prove either of the marriages by the register and certificate thereof, or other record evidence, but those marriages may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage has taken place without this State, cohabitation in this State after the second marriage constitutes the commission of the crime of bigamy.


4. This section does not extend:


(a) To a person whose husband or wife has been continually absent from that person for the space of 5 years before the second marriage, if he or she did not know the husband or wife to be living within that time.


(b) To a person who is, at the time of the second marriage, divorced by lawful authority from the bonds of the former marriage, or to a person where the former marriage has been by lawful authority declared void.


CREDIT(S)


Amended by Laws 1967, p. 475; Laws 1979, p. 1428; Laws 1995, p. 1197.


Formerly C&P (1911), § 191; RL (1912), § 6456; NCL (1929), § 10138.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.170


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor

 201.170. Marrying person already married; penalty


If a person, being unmarried, knowingly marries the husband or wife of another, that person is guilty of a category D felony and shall be punished as provided in NRS 193.130.


CREDIT(S)


Amended by Laws 1967, p. 475; Laws 1979, p. 1429; Laws 1995, p. 1198.


Formerly C&P (1911), § 192; RL (1912), § 6457; NCL (1929), § 10139.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.180


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor

 201.180. Incest: Definition; penalty


Persons being within the degree of consanguinity within which marriages are declared by law to be incestuous and void who intermarry with each other or who commit fornication or adultery with each other shall be punished for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $10,000.


CREDIT(S)


Amended by Laws 1979, p. 1429; Laws 1995, p. 1198; Laws 2005, c. 507, § 31, eff. July 1, 2005.


Formerly C&P (1911), § 193; RL (1912), § 6458; NCL (1929), § 10140.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.190


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor

 201.190. Commission of certain sexual acts in public: Definition; penalty


Except as otherwise provided in NRS 200.366 and 201.230, a person of full age who commits anal intercourse, cunnilingus or fellatio in public is guilty of a category D felony and shall be punished as provided in NRS 193.130.


CREDIT(S)


Amended by Laws 1963, p. 62; Laws 1967, p. 475; Laws 1973, pp. 95, 254; Laws 1977, pp. 866, 1632; Laws 1993, p. 515; Laws 1995, p. 1198.


Formerly C&P (1911), § 194; Laws 1951, p. 524.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.195


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor

 201.195. Solicitation of minor to engage in acts constituting crime against nature; penalties


1. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:


(a) If the minor actually engaged in such acts as a result and:


(1) The minor was less than 14 years of age, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.


(2) The minor was 14 years of age or older, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served.


(b) If the minor did not engage in such acts:


(1) For the first offense, is guilty of a gross misdemeanor.


(2) For any subsequent offense, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served.


2. As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.


CREDIT(S)


Added by Laws 1979, p. 662. Amended by Laws 1989, p. 1511; Laws 1991, p. 1007; Laws 1993, p. 515; Laws 1995, p. 1198; Laws 1997, pp. 1721, 2500, 3187; Laws 1999, pp. 470, 472; Laws 2005, c. 507, § 32, eff. July 1, 2005.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).


Chapter 5. Offenses Affecting Children

Tags:31 MS (1.0%)

Miss. Code Ann. § 97-5-1


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-1. Abandoning child under six; punishment



If the father or mother of any child under the age of six years, or any other person having the lawful custody of such child, or to whom such child shall have been confided, shall expose such child in any highway, street, field, house, outhouse, or elsewhere, with intent wholly to abandon it, such person shall, upon conviction, be punished by imprisonment in the penitentiary not more than seven years, or in the county jail not more than one year.




The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-3


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-3. Deserting, neglecting or refusing to support child under eighteen



Any parent who shall desert or wilfully neglect or refuse to provide for the support and maintenance of his or her child or children, including the natural parent of an illegitimate child or children wherein paternity has been established by law or when the natural parent has acknowledged paternity in writing, while said child or children are under the age of eighteen (18) years shall be guilty of a felony and, on conviction thereof, shall be punished for a first offense by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by commitment to the custody of the Department of Corrections not more than five (5) years, or both; and for a second or subsequent offense, by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by commitment to the custody of the Department of Corrections not less than two (2) years nor more than five (5) years, or both, in the discretion of the court.




CREDIT(S)


Laws 1962, Ch. 311, § 1; Laws 1995, Ch. 533, § 1, eff. July 1, 1995.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-5


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-5. Enticing child under fourteen; punishment



Every person who shall maliciously, willfully, or fraudulently lead, take, carry away, decoy or entice away, any child under the age of fourteen (14) years, with intent to detain or conceal such child from its parents, guardian, or other person having lawful charge of such child, or for the purpose of prostitution, concubinage, or marriage, shall, on conviction, be imprisoned in the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years, or fined not more than Ten Thousand Dollars ($10,000.00), or both. Investigation and prosecution of a defendant under this section does not preclude prosecution of the defendant for a violation of other applicable criminal laws, including, but not limited to, the Mississippi Human Trafficking Act, Sections 97-3-54 et seq.




CREDIT(S)


Amended by Laws 2013, H.B. No. 673, § 14, eff. July 1, 2013.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-7


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-7. Enticing child under eighteen; punishment



Any person who shall persuade, entice or decoy away from its father or mother with whom it resides any child under the age of eighteen (18) years, being unmarried, for the purpose of employing such child without the consent of its parents, or one of them, shall upon conviction be punished by a fine of not more than One Thousand Dollars ($1,000. 00) or imprisoned in the county jail not more than one (1) year, or both. Investigation and prosecution of a defendant under this section does not preclude prosecution of the defendant for a violation of other applicable criminal laws, including, but not limited to, the Mississippi Human Trafficking Act, Sections 97-3-54 et seq.




CREDIT(S)


Laws 1980, Ch. 357, § 1, eff. from and after passage (approved April 23, 1980). Amended by Laws 2013, H.B. No. 673, § 15, eff. July 1, 2013.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-9


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-9. Abandoning refrigerators without removing latch



If any person shall have on his premises, or shall suffer to be or remain upon his premises, any abandoned chest, icebox, refrigerator, or any other box-type container not in active use, any door to which has a latch or lock which automatically fastens upon the closing of such container's door, and which cannot be readily opened from the inside, he shall remove the latch or lock, or otherwise render it inoperative, and on failure to so do shall be guilty of a misdemeanor.




CREDIT(S)


Laws 1954, Ch. 233, § 1; Laws 1966, Ch. 356, § 1, eff. from and after passage (approved April 20, 1966).



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-11


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-11. Poolrooms and billiard halls



No person under the age of eighteen (18) years shall be allowed to enter and remain in any poolroom or billiard hall except that municipalities shall have the discretion to establish a lower minimum age. However, no person under the age of eighteen (18) years shall be allowed to enter and remain in any poolroom or billiard hall in which beer is sold or consumed. No owner or manager of any poolroom or billiard hall, and no agent or employee of any such owner or manager, shall permit or allow any person under the age of eighteen (18) years to enter and remain in any such poolroom or billiard hall except when a municipality has established a lower minimum age, and provided that in such municipality beer is neither sold nor consumed in such poolroom or billiard hall. Any manager or owner of any poolroom or billiard hall, and any agent or employee of such owner or manager, shall for each offense, upon conviction, be fined not more than one hundred dollars ($100.00).



For the purposes of this section, a poolroom or billiard hall shall not be deemed to include a place of amusement, either for profit or otherwise, wherein the operation of pool and billiard tables is not the main attraction held out to the public, or the primary amusement engaged in by the participants and wherein less than fifteen percent (15%) of the gross revenue derived directly from the operation of such amusement or recreation center within the same room or immediately connecting and adjacent rooms shall be derived directly or indirectly from the operation of such pool or billiard tables and further, all nonprofit corporations, associations and organizations, and educational and religious institutions, shall not be considered as operating poolrooms or billiard halls for the purposes of this section.



CREDIT(S)


Laws 1968, Ch. 354, § 1; Laws 1972, Ch. 353, § 1; Laws 1977, Ch. 316, § 1, eff. from and after passage (approved February 23, 1977).



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-13


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-13 to 97-5-19. Repealed by Laws 1979, Ch. 475, § 4, eff. July 1, 1979



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-19


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-13 to 97-5-19. Repealed by Laws 1979, Ch. 475, § 4, eff. July 1, 1979



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-21


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-21. Repealed by Laws 1998, Ch. 549, § 7, eff. July 1, 1998



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-23


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-23. Fondling child; punishment



(1) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child under the age of sixteen (16) years, with or without the child's consent, or a mentally defective, mentally incapacitated or physically helpless person as defined in Section 97-3-97, shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court.



(2) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child younger than himself or herself and under the age of eighteen (18) years who is not such person's spouse, with or without the child's consent, when the person occupies a position of trust or authority over the child shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court. A person in a position of trust or authority over a child includes without limitation a child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.



(3) Upon a second conviction for an offense under this section, the person so convicted shall be punished by commitment to the State Department of Corrections for a term not to exceed twenty (20) years, however, upon conviction and sentencing, the offender shall serve at least one-half (   1/

 
2 ) of the sentence so imposed.

CREDIT(S)


Laws 1958, Ch. 276, § 1; Laws 1980, Ch. 387, § 1; Laws 1985, Ch. 389, § 1; Laws 1993, Ch. 512, § 4; Laws 1995, Ch. 487, § 1; Laws 1998, Ch. 549, § 5, eff. July 1, 1998.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-24


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-24. Sexual involvement of school employee with student, reporting requirement



If any person eighteen (18) years or older who is employed by any public school district or private school in this state is accused of fondling or having any type of sexual involvement with any child under the age of eighteen (18) years who is enrolled in such school, the principal of such school and the superintendent of such school district shall timely notify the district attorney with jurisdiction where the school is located of such accusation, the Mississippi Department of Education and the Department of Human Services, provided that such accusation is reported to the principal and to the school superintendent and that there is a reasonable basis to believe that such accusation is true. Any superintendent, or his designee, who fails to make a report required by this section shall be subject to the penalties provided in Section 37-11-35. Any superintendent, principal, teacher or other school personnel participating in the making of a required report pursuant to this section or participating in any judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person reporting in good faith shall be immune from any civil liability that might otherwise be incurred or imposed.




CREDIT(S)


Laws 1994, Ch. 595, § 11, eff. July 1, 1994. Amended by Laws 2011, Ch. 514, § 2, eff. from and after passage (approved April 26, 2011).



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-25


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-25. Repealed by Laws 1997, Ch. 578, § 16, eff. February 1, 1998



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-27


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-27. Disseminating sexual material to children; computer luring



(1) Any person who intentionally and knowingly disseminates sexually oriented material to any person under eighteen (18) years of age shall be guilty of a misdemeanor and, upon conviction, shall be fined for each offense not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than one (1) year in the county jail, or be punished by both such fine and imprisonment. A person disseminates sexually oriented material within the meaning of this section if he:



(a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any sexually oriented writing, picture, record or other representation or embodiment that is sexually oriented; or



(b) Presents or directs a sexually oriented play, dance or other performance or participates directly in that portion thereof which makes it sexually oriented; or



(c) Exhibits, presents, rents, sells, delivers or provides, or offers or agrees to exhibit, present, rent or to provide any sexually oriented still or motion picture, film, filmstrip or projection slide, or sound recording, sound tape or sound track or any matter or material of whatever form which is a representation, embodiment, performance or publication that is sexually oriented.



(2) For purposes of this section, any material is sexually oriented if the material contains representations or descriptions, actual or simulated, of masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.



(3)(a) A person is guilty of computer luring when:



(i) Knowing the character and content of any communication of sexually oriented material, he intentionally uses any computer communication system allowing the input, output, examination or transfer of computer data or computer programs from one (1) computer to another, to initiate or engage in such communication with a person under the age of eighteen (18); and



(ii) By means of such communication he importunes, invites or induces a person under the age of eighteen (18) years to engage in sexual intercourse, deviant sexual intercourse or sexual contact with him, or to engage in a sexual performance, obscene sexual performance or sexual conduct for his benefit.



(b) A person who engages in the conduct proscribed by this subsection (3) is presumed to do so with knowledge of the character and content of the material.



(c) In any prosecution for computer luring, it shall be a defense that:



(i) The defendant made a reasonable effort to ascertain the true age of the minor and was unable to do so as a result of actions taken by the minor; or



(ii) The defendant has taken, in good faith, reasonable, effective and appropriate actions under the circumstances to restrict or prevent access by minors to the materials prohibited, which may involve any appropriate measures to restrict minors from access to such communications, including any method which is feasible under available technology; or



(iii) The defendant has restricted access to such materials by requiring use of a verified credit card, debit account, adult access code or adult personal identification number; or



(iv) The defendant has in good faith established a mechanism such that the labeling, segregation or other mechanism enables such material to be automatically blocked or screened by software or other capabilities reasonably available to responsible adults wishing to effect such blocking or screening and the defendant has not otherwise solicited minors not subject to such screening or blocking capabilities to access that material or to circumvent any such screening or blocking.



(d) In any prosecution for computer luring:



(i) No person shall be held to have violated this subsection (3) solely for providing access or connection to or from a facility, system, or network not under that person's control, including transmission, downloading, intermediate storage, access software or other related capabilities that are incidental to providing such access or connection that do not include the creation of the content of the communication.



(ii) No employer shall be held liable for the actions of an employee or agent unless the employee's or agent's conduct is within the scope of his employment or agency or the employer, having knowledge of such conduct, authorizes or ratifies such conduct, or recklessly disregards such conduct.



(iii) The limitations provided by this paragraph (d) shall not be applicable to a person who is a conspirator with an entity actively involved in the creation or knowing distribution of communications that violate such provisions, or who knowingly advertises the availability of such communications, nor to a person who provides access or connection to a facility, system or network engaged in the violation of such provisions that is owned or controlled by such person.



(e) Computer luring is a felony, and any person convicted thereof shall be punished by commitment to the custody of the Department of Corrections for a term not to exceed three (3) years and by a fine not to exceed Ten Thousand Dollars ($10,000.00).



(4) Investigation and prosecution of a defendant under this section does not preclude prosecution of the defendant for a violation of other applicable criminal laws, including, but not limited to, the Mississippi Human Trafficking Act, Section 97-3-54 et seq.



CREDIT(S)


Laws 1979, Ch. 475, § 1, eff. July 1, 1979; Laws 2002, Ch. 319, § 1, eff. July 1, 2002. Amended by Laws 2013, H.B. No. 673, § 16, eff. July 1, 2013.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-29


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-29. Publicly displaying sexually oriented materials



(1) Any person who intentionally and knowingly places sexually oriented materials upon public display, or who knowingly and intentionally fails to take prompt action to remove such a display from property in his possession after learning of its existence shall be guilty of a misdemeanor and upon conviction shall be fined for each offense not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than one (1) year in the county jail, or be punished by both such fine and imprisonment.



(2) For purposes of this section any material is sexually oriented if the material consists of representations or descriptions of actual or simulated masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.



(3) A person places sexually oriented material upon public display within the meaning of this section if he places the material on or in a billboard, viewing screen, theater stage or marquee, newsstand, display rack, window, showcase, display case or other similar place, including a viewing screen in a vehicle, so that sexually oriented material is easily visible from a public street, public road or sidewalk or from areas of public businesses in which minors are normally business invitees.



CREDIT(S)


Laws 1979, Ch. 475, § 2, eff. July 1, 1979; Laws 2005, Ch. 491, § 4, eff. July 1, 2005.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-31


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-31. Definitions for sections 97-5-33 to 97-5-37



As used in Sections 97-5-33 through 97-5-37, the following words and phrases shall have the meanings given to them in this section:



(a) “Child” means any individual who has not attained the age of eighteen (18) years.



(b) “Sexually explicit conduct” means actual or simulated:



(i) Oral genital contact, oral anal contact, or sexual intercourse as defined in Section 97-3-65, whether between persons of the same or opposite sex;



(ii) Bestiality;



(iii) Masturbation;



(iv) Sadistic or masochistic abuse;



(v) Lascivious exhibition of the genitals or pubic area of any person; or



(vi) Fondling or other erotic touching of the genitals, pubic area, buttocks, anus or breast.



(c) “Producing” means producing, directing, manufacturing, issuing, publishing or advertising.



(d) “Visual depiction” includes, without limitation, developed or undeveloped film and video tape or other visual unaltered reproductions by computer.



(e) “Computer” has the meaning given in Title 18, United States Code, Section 1030.



(f) “Simulated” means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.



CREDIT(S)


Laws 1979, Ch. 479, § 1; Laws 1995, Ch. 484, § 1, eff. July 1, 1995; Laws 2003, Ch. 562, § 1, eff. July 1, 2003. Amended by Laws 2013, H.B. No. 673, § 17, eff. July 1, 2013.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-33


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-33. Depicting child engaging in sexual conduct



(1) No person shall, by any means including computer, cause, solicit or knowingly permit any child to engage in sexually explicit conduct or in the simulation of sexually explicit conduct for the purpose of producing any visual depiction of such conduct.



(2) No person shall, by any means including computer, photograph, film, video tape or otherwise depict or record a child engaging in sexually explicit conduct or in the simulation of sexually explicit conduct.



(3) No person shall, by any means including computer, knowingly send, transport, transmit, ship, mail or receive any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.



(4) No person shall, by any means including computer, receive with intent to distribute, distribute for sale, sell or attempt to sell in any manner any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.



(5) No person shall, by any means including computer, knowingly possess or knowingly access with intent to view any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.



(6) No person shall, by any means including computer, knowingly entice, induce, persuade, seduce, solicit, advise, coerce, or order a child to meet with the defendant or any other person for the purpose of engaging in sexually explicit conduct.



(7) No person shall by any means, including computer, knowingly entice, induce, persuade, seduce, solicit, advise, coerce or order a child to produce any visual depiction of adult sexual conduct or any sexually explicit conduct.



(8) The fact that an undercover operative or law enforcement officer posed as a child or was involved in any other manner in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.



(9) For purposes of determining jurisdiction, the offense is committed in this state if all or part of the conduct described in this section occurs in the State of Mississippi or if the transmission that constitutes the offense either originates in this state or is received in this state.



CREDIT(S)


Laws 1979, Ch. 479, § 2; Laws 1988, Ch. 558, § 1; Laws 1995, Ch. 484, § 2, eff. July 1, 1995; Laws 2003, Ch. 562, § 2, eff. July 1, 2003; Laws 2005, Ch. 467, § 1, eff. July 1, 2005; Laws 2005, Ch. 491, § 1, eff. July 1, 2005. Amended by Laws 2007, Ch. 376, § 1, eff. July 1, 2007; Laws 2013, S.B. No. 2197, § 1, eff. July 1, 2013.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-35


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-35. Depicting child engaging in sexual conduct, punishment



Any person who violates any provision of Section 97-5-33 shall be guilty of a felony and upon conviction shall be fined not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00) and shall be imprisoned for not less than five (5) years nor more than forty (40) years. Any person convicted of a second or subsequent violation of Section 97-5-33 shall be fined not less than One Hundred Thousand Dollars ($100,000.00) nor more than One Million Dollars ($1,000,000.00) and shall be confined in the custody of the Department of Corrections for life or such lesser term as the court may determine, but not less than twenty (20) years.




CREDIT(S)


Laws 1979, Ch. 479, § 3; Laws 1995, Ch. 484, § 3, eff. July 1, 1995; Laws 2003, Ch. 562, § 3, eff. July 1, 2003; Laws 2005, Ch. 467, § 2, eff. July 1, 2005; Laws 2005, Ch. 491, § 2, eff. July 1, 2005.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-37


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-37. Relation to other statutes



The provisions of sections 97-5-31 to 97-5-37 are supplemental to any statute relating to child abuse or neglect, obscenity, enticement of children or contributing to delinquency of a minor and acquittal or conviction pursuant to any other statute shall not be a bar to prosecution under sections 97-5-31 to 97-5-37. Acquittal or conviction under sections 97-5-31 to 97-5-37 shall not be a bar to prosecution and conviction under other statutes defining crimes or misdemeanors, nor to any civil or administrative remedy otherwise available.




CREDIT(S)


Laws 1979, Ch. 479, § 4, eff. July 1, 1979.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-39


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-39. Child neglect, delinquency or abuse



(1)(a) Except as otherwise provided in this section, any parent, guardian or other person who intentionally, knowingly or recklessly commits any act or omits the performance of any duty, which act or omission contributes to or tends to contribute to the neglect or delinquency of any child or which act or omission results in the abuse of any child, as defined in Section 43-21-105(m) of the Youth Court Law, or who knowingly aids any child in escaping or absenting himself from the guardianship or custody of any person, agency or institution, or knowingly harbors or conceals, or aids in harboring or concealing, any child who has absented himself without permission from the guardianship or custody of any person, agency or institution to which the child shall have been committed by the youth court shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment not to exceed one (1) year in jail, or by both such fine and imprisonment.



(b) For the purpose of this section, a child is a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services, or who is married, is not considered a child for the purposes of this statute.



(c) If a child commits one (1) of the proscribed acts in subsection (2)(a), (b) or (c) of this section upon another child, then original jurisdiction of all such offenses shall be in youth court.



(d) If the child's deprivation of necessary clothing, shelter, health care or supervision appropriate to the child's age results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment in custody of the Department of Corrections for not more than five (5) years or to payment of a fine of not more than Five Thousand Dollars ($5,000.00), or both.



(e) A parent, legal guardian or other person who knowingly permits the continuing physical or sexual abuse of a child is guilty of neglect of a child and may be sentenced to imprisonment in the custody of the Department of Corrections for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.



(2) Any person shall be guilty of felonious child abuse in the following circumstances:



(a) Whether bodily harm results or not, if the person shall intentionally, knowingly or recklessly:



(i) Burn any child;



(ii) Physically torture any child;



(iii) Strangle, choke, smother or in any way interfere with any child's breathing;



(iv) Poison a child;



(v) Starve a child of nourishments needed to sustain life or growth;



(vi) Use any type of deadly weapon upon any child;



(b) If some bodily harm to any child actually occurs, and if the person shall intentionally, knowingly, or recklessly:



(i) Throw, kick, bite, or cut any child;



(ii) Strike a child under the age of fourteen (14) about the face or head with a closed fist;



(iii) Strike a child under the age of five (5) in the face or head;



(iv) Kick, bite, cut or strike a child's genitals; circumcision of a male child is not a violation under this subparagraph (iv);



(c) If serious bodily harm to any child actually occurs, and if the person shall intentionally, knowingly or recklessly:



(i) Strike any child on the face or head;



(ii) Disfigure or scar any child;



(iii) Whip, strike, or otherwise abuse any child;



(d) Any person, upon conviction under paragraph (a) or (c) of this subsection, shall be sentenced by the court to imprisonment in the custody of the Department of Corrections for a term of not less than five (5) years and up to life, as determined by the court. Any person, upon conviction under paragraph (b) of this subsection shall be sentenced by the court to imprisonment in the custody of the Department of Corrections for a term of not less than two (2) years nor more than ten (10) years, as determined by the court. For any second or subsequent conviction under this subsection (2), the person shall be sentenced to imprisonment for life.



(e) For the purposes of this subsection (2), “bodily harm” means any bodily injury to a child and includes, but is not limited to, bruising, bleeding, lacerations, soft tissue swelling, and external or internal swelling of any body organ.



(f) For the purposes of this subsection (2), “serious bodily harm” means any serious bodily injury to a child and includes, but is not limited to, the fracture of a bone, permanent disfigurement, permanent scarring, or any internal bleeding or internal trauma to any organ, any brain damage, any injury to the eye or ear of a child or other vital organ, and impairment of any bodily function.



(g) Nothing contained in paragraph (c) of this subsection shall preclude a parent or guardian from disciplining a child of that parent or guardian, or shall preclude a person in loco parentis to a child from disciplining that child, if done in a reasonable manner, and reasonable corporal punishment or reasonable discipline as to that parent or guardian's child or child to whom a person stands in loco parentis shall be a defense to any violation charged under paragraph (c) of this subsection.



(h) Reasonable discipline and reasonable corporal punishment shall not be a defense to acts described in paragraphs (a) and (b) of this subsection or if a child suffers serious bodily harm as a result of any act prohibited under paragraph (c) of this subsection.



(3) Nothing contained in this section shall prevent proceedings against the parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.



(4)(a) A parent, legal guardian or caretaker who endangers a child's person or health by knowingly causing or permitting the child to be present where any person is selling, manufacturing or possessing immediate precursors or chemical substances with intent to manufacture, sell or possess a controlled substance as prohibited under Section 41-29-139 or 41-29-313, is guilty of child endangerment and may be sentenced to imprisonment for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.



(b) If the endangerment results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment for not more than twenty (20) years or to payment of a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.



(5) Nothing contained in this section shall prevent proceedings against the parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.



(6) After consultation with the Department of Human Services, a regional mental health center or an appropriate professional person, a judge may suspend imposition or execution of a sentence provided in subsections (1) and (2) of this section and in lieu thereof require treatment over a specified period of time at any approved public or private treatment facility. A person may be eligible for treatment in lieu of criminal penalties no more than one (1) time.



(7) In any proceeding resulting from a report made pursuant to Section 43-21-353 of the Youth Court Law, the testimony of the physician making the report regarding the child's injuries or condition or cause thereof shall not be excluded on the ground that the physician's testimony violates the physician-patient privilege or similar privilege or rule against disclosure. The physician's report shall not be considered as evidence unless introduced as an exhibit to his testimony.



(8) Any criminal prosecution arising from a violation of this section shall be tried in the circuit, county, justice or municipal court having jurisdiction; provided, however, that nothing herein shall abridge or dilute the contempt powers of the youth court.



CREDIT(S)


Laws 1979, Ch. 506, § 75; Laws 1980, Ch. 550, § 28; Laws 1986, Ch. 383, § 1; Laws 1989, Ch. 566, § 3, eff. from and after passage (approved April 21, 1989); Laws 2005, Ch. 467, § 3, eff. July 1, 2005; Laws 2005, Ch. 491, § 3, eff. July 1, 2005. Amended by Laws 2013, H.B. No. 1259, § 1, eff. July 1, 2013.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-40


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-40. Knowingly condoning child abuse; punishment



(1) Any parent, guardian, custodian, stepparent or any other person who lives in the household with a child, who knowingly condones an incident of felonious child abuse of that child, which consists of one or more violations of (a)subsection (2) of Section 97-5-39 or (b) felonious sexual battery of that child, which consists of one or more violations of Section 97-3-95 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both.



(2) A person shall not be considered to have condoned child abuse merely because such person does not report an act of child abuse.



(3) The provisions of this section shall be in addition to any other criminal law.



CREDIT(S)


Laws 1989, Ch. 566, § 1; Laws 1992, Ch. 557, § 1, eff. July 1, 1992.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-41


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-41. Carnal knowledge of certain children



(1) Any person who shall have carnal knowledge of his or her unmarried stepchild or adopted child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, upon conviction, shall be punished by imprisonment in the penitentiary for a term not exceeding ten (10) years.



(2) Any person who shall have carnal knowledge of an unmarried child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, with whose parent he or she is cohabiting or living together as husband and wife, upon conviction, shall be punished by imprisonment in the penitentiary for a term not exceeding ten (10) years.



CREDIT(S)


Laws 1984, Ch. 390, § 1; Laws 1985, Ch. 389, § 5, eff. July 1, 1985.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-42


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-42. Protection of victims of felony parental child sexual abuse; local registry; penalties; visitation



(1)(a) For purposes of this section, a conviction of felony parental child sexual abuse shall include any nolo contendere plea, guilty plea or conviction at trial to any offense enumerated in Section 93-15-103(3)(g) or any other statute of the State of Mississippi whereby a parent may be penalized as a felon on account of sexual abuse of his or her own child; and shall include any conviction by plea or trial in any other state of the United States to an offense whereby a parent may be penalized as a felon for sexual abuse of his or her own child under the laws of that state, or which would be so penalized for such conduct had the act or acts been committed in the State of Mississippi.



(b) A certified copy of the court order or judgment evidencing such a conviction shall be accepted by any public office with responsibilities pursuant to this section and by any court in the State of Mississippi, as conclusive evidence of the conviction.



(2)(a) No person who has been convicted of felony parental child sexual abuse shall contact or attempt to contact the victim child without the prior express written permission of the child's then legal custodian, who may be the other parent, a guardian, person in loco parentis or person with legal or physical custody of a child.



(b) No person who has been convicted of felony parental child sexual abuse shall harass, threaten, intimidate or by any other means menace the victim child or any legal custodian of the child, who may be the other parent, a guardian, person in loco parentis or person with legal or physical custody of a child.



(c) Any person who believes that a person who has been convicted of felony parental child sexual abuse may violate the provisions of subsection (2)(a) or (2)(b) hereof may register with the sheriff and any municipal law enforcement agency of the child's county and municipality of residence, setting forth the factual basis for that belief which shall include a certified copy of the court order or judgment evidencing the conviction of the child sexual abuse felon. The sheriff's office of each county and all municipal law enforcement agencies shall maintain a separate and distinct register for the purpose of recording the data required herein, and shall advise the reporting party of how emergency contact can be made with that office at any time with respect to a threatened violation of subsection (2)(a) or (2)(b) hereof. Immediate response with police protection shall be provided to any emergency contact made pursuant to this section, which police protection shall be continued in such reasonable manner as to deter future violations and protect the child and any person with legal custody of the child.



(d) Any person who has been convicted of felony parental child sexual abuse who violates subsection (2)(a) hereof shall, upon conviction, be punished by imprisonment in the county jail for not more than one (1) year. Any person who has been convicted of felony parental child sexual abuse who violates subsection (2)(b) hereof shall, upon conviction, be punished by imprisonment in the state penitentiary for not more than five (5) years.



(3) No person who has been convicted of felony parental child sexual abuse shall be entitled to have parental or other visitation rights as to that child who was the victim, unless he or she files a petition in the chancery court of the county in which the child resides, reciting the conviction, and joining as parties defendant any other parent, guardian, person standing in loco parentis or having legal or physical custody of the child. A guardian ad litem shall be appointed to represent the child at petitioner's expense. The court shall appoint a qualified psychologist or psychiatrist to conduct an independent examination of the petitioner to determine whether contact with that person poses a physical or emotional risk to the child, and report to the court. Such examination shall be at petitioner's expense. The court shall require any such petitioner to deposit with the court sufficient funds to pay expenses chargeable to a petitioner hereunder, the amount of such deposit to be within the discretion of the chancellor. Any defendant and the child through his or her guardian ad litem shall be entitled to a full evidentiary hearing on the petition. In no event shall a child be required to testify in court or by deposition, or be subjected to any psychological examination, without the express consent of the child through his or her guardian ad litem. Such guardian ad litem shall consult with the child's legal guardian or custodians before consenting to such testimony or examination. At any hearing there is a rebuttable presumption that contact with the child poses a physical and emotional risk to the child. That presumption may be rebutted and visitation or contact allowed on such terms and conditions that the chancery court shall set only upon specific written findings by the court that:



(a) Contact between the child and the offending parent is appropriate and poses minimal risk to the child;



(b) If the child has received counseling, that the child's counselor believes such contact is in the child's best interest;



(c) The offending parent has successfully engaged in treatment for sex offenders or is engaged in such treatment and making progress; and



(d) The offending parent's treatment provider believes contact with the child is appropriate and poses minimal risk to the child. If the court, in its discretion, allows visitation or contact it may impose such conditions to the visitation or contact which it finds reasonable, including supervision of contact or visitation by a neutral and independent adult with a detailed plan for supervision of any such contact or visitation.



CREDIT(S)


Added by Laws 2000, Ch. 403, § 1, eff. July 1, 2000.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-43


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-43 to 97-5-47. Repealed by Laws 1997, Ch. 578, § 16, eff. February 1, 1998



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-45


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-43 to 97-5-47. Repealed by Laws 1997, Ch. 578, § 16, eff. February 1, 1998



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-47


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-43 to 97-5-47. Repealed by Laws 1997, Ch. 578, § 16, eff. February 1, 1998



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-49


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-49. Adult hosts of minors obtaining alcoholic beverages; definitions; offense



(1) As used in this section:



(a) “Adult” means a person over the age of twenty-one (21) years.



(b) “Alcoholic beverage” has the meaning as defined in Section 67-1-5.



(c) “Beer” has the meaning as defined in Section 67-3-3.



(d) “Light wine” means wine containing five percent (5%) or less of alcohol by weight.



(e) “Minor” means a person under the age of twenty-one (21) years.



(f) “Party” means a gathering or event at which a group of two (2) or more persons assembles for a social occasion or activity at a private residence or a private premises.



(g) “Private premises” means privately owned land, including any appurtenances or improvements on the land.



(h) “Private residence” means the place where a person actually lives or has his or her home.



(i) “Wine” has the meaning as defined in Section 67-1-5.



(2) No adult who owns or leases a private residence or private premises shall knowingly allow a party to take place or continue at the residence or premises if a minor at the party obtains, possesses or consumes any alcoholic beverage, light wine or beer if the adult knows that the minor has obtained, possesses or is consuming alcoholic beverages, light wine or beer.



(3) This section shall not apply to legally protected religious activities or gatherings of family members or to any of the exemptions set forth in Section 67-3-54.



(4) Each incident in violation of subsection (2) of this section or any part of subsection (2) constitutes a separate offense.



(5) Any person who violates subsection (2) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than ninety (90) days, or by both the fine and imprisonment, in the discretion of the court.



CREDIT(S)


Added by Laws 2011, Ch. 435, § 1, eff. July 1, 2011; Laws 2011, Ch. 472, § 1, eff. July 1, 2011.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.



Miss. Code Ann. § 97-5-51


West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-51. Mississippi Child Protection Act of 2012



(1) Definitions. For the purposes of this section:



(a) “Sex crime against a minor” means any offense under at least one (1) of the following statutes when committed by an adult against a minor who is under the age of sixteen (16):



(i) Section 97-3-65 relating to rape;



(ii) Section 97-3-71 relating to rape and assault with intent to ravish;



(iii) Section 97-3-95 relating to sexual battery;



(iv) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;



(v) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;



(vi) Section 97-5-33 relating to exploitation of children;



(vii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;



(viii) Section 43-47-18 relating to sexual abuse of a vulnerable person;



(ix) Section 97-1-7 relating to the attempt to commit any of the offenses listed in this subsection.



(b) “Mandatory reporter” means any of the following individuals performing their occupational duties: health care practitioner, clergy member, teaching or child care provider, law enforcement officer, or commercial image processor.



(c) “Health care practitioner” means any individual who provides health care services, including a physician, surgeon, physical therapist, psychiatrist, psychologist, medical resident, medical intern, hospital staff member, licensed nurse, midwife and emergency medical technician or paramedic.



(d) “Clergy member” means any priest, rabbi or duly ordained deacon or minister.



(e) “Teaching or child care provider” means anyone who provides training or supervision of a minor under the age of sixteen (16), including a teacher, teacher's aide, principal or staff member of a public or private school, social worker, probation officer, foster home parent, group home or other child care institutional staff member, personnel of residential home facilities, a licensed or unlicensed day care provider.



(f) “Commercial image processor” means any person who, for compensation: (i) develops exposed photographic film into negatives, slides or prints; (ii) makes prints from negatives or slides; or (iii) processes or stores digital media or images from any digital process, including, but not limited to, website applications, photography, live streaming of video, posting, creation of power points or any other means of intellectual property communication or media including conversion or manipulation of still shots or video into a digital show stored on a photography site or a media storage site.



(g) “Caretaker” means any person legally obligated to provide or secure adequate care for a minor under the age of sixteen (16), including a parent, guardian, tutor, legal custodian or foster home parent.



(2)(a) Mandatory reporter requirement. A mandatory reporter shall make a report if it would be reasonable for the mandatory reporter to suspect that a sex crime against a minor has occurred.



(b) Failure to file a mandatory report shall be punished as provided in this section.



(c) Reports made under this section and the identity of the mandatory reporter are confidential except when the court determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor. The identity of the reporting party shall not be disclosed to anyone other than law enforcement or prosecutors except under court order; violation of this requirement is a misdemeanor. Reports made under this section are for the purpose of criminal investigation and prosecution only and information from these reports is not a public record. Disclosure of any information by the prosecutor shall conform to the Mississippi Uniform Rules of Circuit and County Court Procedure.



(d) Any mandatory reporter who makes a required report under this section or participates in a judicial proceeding resulting from a mandatory report shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.



(3)(a) Mandatory reporting procedure. A report required under subsection (2) must be made immediately to the law enforcement agency in whose jurisdiction the reporter believes the sex crime against the minor occurred. Except as otherwise provided in this subsection (3), a mandatory reporter may not delegate to any other person the responsibility to report, but shall make the report personally.



(i) The reporting requirement under this subsection (3) is satisfied if a mandatory reporter in good faith reports a suspected sex crime against a minor to the Department of Human Services under Section 43-21-353.



(ii) The reporting requirement under this subsection (3) is satisfied if a mandatory reporter reports a suspected sex crime against a minor by following a reporting procedure that is imposed:



1. By state agency rule as part of licensure of any person or entity holding a state license to provide services that include the treatment or education of abused or neglected children; or



2. By statute.



(b) Contents of the report. The report shall identify, to the extent known to the reporter, the following:



(i) The name and address of the minor victim;



(ii) The name and address of the minor's caretaker;



(iii) Any other pertinent information known to the reporter.



(4) A law enforcement officer who receives a mandated report under this section shall file an affidavit against the offender on behalf of the State of Mississippi if there is probable cause to believe that the offender has committed a sex crime against a minor.



(5) Collection of forensic samples. (a)(i) When an abortion is performed on a minor who is less than fourteen (14) years of age at the time of the abortion procedure, fetal tissue extracted during the abortion shall be collected in accordance with rules and regulations adopted pursuant to this section if it would be reasonable to suspect that the pregnancy being terminated is the result of a sex crime against a minor.



(ii) When a minor who is under sixteen (16) years of age gives birth to an infant, umbilical cord blood shall be collected, if possible, in accordance with rules and regulations adopted pursuant to this section if it would be reasonable to suspect that the minor's pregnancy resulted from a sex crime against a minor.



(iii) It shall be reasonable to suspect that a sex crime against a minor has occurred if the mother of an infant was less than sixteen (16) years of age at the time of conception and at least one (1) of the following conditions also applies:



1. The mother of the infant will not identify the father of the infant;



2. The mother of the infant lists the father of the infant as unknown;



3. The person the mother identifies as the father of the infant disputes his fatherhood;



4. The person the mother identifies as the father of the infant is twenty-one (21) years of age or older; or



5. The person the mother identifies as the father is deceased.



(b) The State Medical Examiner shall adopt rules and regulations consistent with Section 99-49-1 that prescribe:



(i) The amount and type of fetal tissue or umbilical cord blood to be collected pursuant to this section;



(ii) Procedures for the proper preservation of the tissue or blood for the purpose of DNA testing and examination;



(iii) Procedures for documenting the chain of custody of such tissue or blood for use as evidence;



(iv) Procedures for proper disposal of fetal tissue or umbilical cord blood collected pursuant to this section;



(v) A uniform reporting instrument mandated to be utilized, which shall include the complete residence address and name of the parent or legal guardian of the minor who is the subject of the report required under this subsection (5); and



(vi) Procedures for communication with law enforcement agencies regarding evidence and information obtained pursuant to this section.



(6) Penalties. (a) A person who is convicted of a first offense under this section shall be guilty of a misdemeanor and fined not more than Five Hundred Dollars ($500.00).



(b) A person who is convicted of a second offense under this section shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), or imprisoned for not more than thirty (30) days, or both.



(c) A person who is convicted of a third or subsequent offense under this section shall be guilty of a misdemeanor and fined not more than Five Thousand Dollars ($5,000.00), or imprisoned for not more than one (1) year, or both.



(7) A health care practitioner or health care facility shall be immune from any penalty, civil or criminal, for good-faith compliance with any rules and regulations adopted pursuant to this section.



CREDIT(S)


Added by Laws 2012, Ch. 519, § 1, eff. July 1, 2012. Amended by Laws 2013, H.B. No. 151, § 1, eff. July 1, 2013.



The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.


Chapter 202. Crimes Against Public Health and Safety

Tags:35 NV (0.9%)

N.R.S. 202.870


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)

Reporting of Certain Offenses Against Children

 202.870. Definitions


As used in NRS 202.870 to 202.894, inclusive, unless the context otherwise requires, the words and terms defined in NRS 202.873 and 202.876 have the meanings ascribed to them in those sections.


CREDIT(S)


Added by Laws 1999, p. 3521.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 202.873


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)

Reporting of Certain Offenses Against Children

 202.873. “Law enforcement agency” defined


“Law enforcement agency” means:


1. The Office of the Attorney General or the office of a district attorney within this State and any attorney, investigator, special investigator or employee who is acting in his or her professional or occupational capacity for such an office; or


2. Any other law enforcement agency within this State and any peace officer or employee who is acting in his or her professional or occupational capacity for such an agency.


CREDIT(S)


Added by Laws 1999, p. 3521.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 202.876


Effective: May 6, 2009


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)

Reporting of Certain Offenses Against Children

 202.876. “Violent or sexual offense” defined


“Violent or sexual offense” means any act that, if prosecuted in this State, would constitute any of the following offenses:


1. Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.


2. Mayhem pursuant to NRS 200.280.


3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive.


4. Sexual assault pursuant to NRS 200.366.


5. Robbery pursuant to NRS 200.380.


6. Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.


7. Battery with intent to commit a crime pursuant to NRS 200.400.


8. Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.


9. False imprisonment pursuant to NRS 200.460 if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.


10. Assault with a deadly weapon pursuant to NRS 200.471.


11. Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 or 200.485.


12. An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720.


13. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.


14. Intentional transmission of the human immunodeficiency virus pursuant to NRS 201.205.


15. Open or gross lewdness pursuant to NRS 201.210.


16. Lewdness with a child pursuant to NRS 201.230.


17. An offense involving pandering or prostitution in violation of NRS 201.300, 201.320 or 201.340.


18. Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.


19. An attempt, conspiracy or solicitation to commit an offense listed in subsections 1 to 18, inclusive.


CREDIT(S)


Added by Laws 1999, p. 3521. Amended by Laws 2009, c. 42, § 6, eff. May 6, 2009.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 202.879


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)

Reporting of Certain Offenses Against Children

 202.879. “Reasonable cause to believe” and “as soon as reasonably practicable” defined; authorized manner of making report and communicating information


For the purposes of NRS 202.870 to 202.894, inclusive, a person:


1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.


2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.


3. May make a report by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the information.


CREDIT(S)


Added by Laws 1999, p. 3522.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 202.882


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)

Reporting of Certain Offenses Against Children

 202.882. Duty to report violent or sexual offense against child 12 years of age or younger; penalty for failure to report; contents of report


1. Except as otherwise provided in NRS 202.885 and 202.888, a person who knows or has reasonable cause to believe that another person has committed a violent or sexual offense against a child who is 12 years of age or younger shall:


(a) Report the commission of the violent or sexual offense against the child to a law enforcement agency; and


(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the other person has committed the violent or sexual offense against the child.


2. A person who knowingly and willfully violates the provisions of subsection 1 is guilty of a misdemeanor.


3. A report made pursuant to this section must include, without limitation:


(a) If known, the name of the child and the name of the person who committed the violent or sexual offense against the child;


(b) The location where the violent or sexual offense was committed; and


(c) The facts and circumstances which support the person's belief that the violent or sexual offense was committed.


CREDIT(S)


Added by Laws 1999, p. 3523.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 202.885


Effective: October 1, 2007


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)

Reporting of Certain Offenses Against Children

 202.885. Limitation on prosecution or conviction for failure to report


1. A person may not be prosecuted or convicted pursuant to NRS 202.882 unless a court in this State or any other jurisdiction has entered a judgment of conviction against a culpable actor for:


(a) The violent or sexual offense against the child; or


(b) Any other offense arising out of the same facts as the violent or sexual offense against the child.


2. For any violation of NRS 202.882, an indictment must be found or an information or complaint must be filed within 1 year after the date on which:


(a) A court in this State or any other jurisdiction has entered a judgment of conviction against a culpable actor as provided in subsection 1; or


(b) The violation is discovered,


whichever occurs later.


3. For the purposes of this section:


(a) A court in “any other jurisdiction” includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.


(b) “Convicted” and “conviction” mean a judgment based upon:


(1) A plea of guilty, guilty but mentally ill or nolo contendere;


(2) A finding of guilty or guilty but mentally ill by a jury or a court sitting without a jury;


(3) An adjudication of delinquency or finding of guilty or guilty but mentally ill by a court having jurisdiction over juveniles; or


(4) Any other admission or finding of guilty or guilty but mentally ill in a criminal action or a proceeding in a court having jurisdiction over juveniles.


(c) A court “enters” a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:


(1) The court has imposed a sentence, a penalty or other sanction for the conviction; or


(2) The person has exercised any right to appeal the conviction.


(d) “Culpable actor” means a person who:


(1) Causes or perpetrates an unlawful act;


(2) Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate an unlawful act; or


(3) Is a principal in any degree, accessory before or after the fact, accomplice or conspirator to an unlawful act.


CREDIT(S)


Added by Laws 1999, p. 3523. Amended by Laws 2003, c. 284, § 40, eff. July 1, 2003; Laws 2007, c. 327, § 55.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 202.888


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)

Reporting of Certain Offenses Against Children

 202.888. Persons exempt from duty to report


The provisions of NRS 202.882 do not apply to a person who:


1. Is less than 16 years of age;


2. Is, by blood or marriage, the spouse, brother, sister, parent, grandparent, child or grandchild of:


(a) The child who is the victim of the violent or sexual offense; or


(b) The person who committed the violent or sexual offense against the child;


3. Suffers from a mental or physical impairment or disability that, in light of all the surrounding facts and circumstances, would make it impracticable for the person to report the commission of the violent or sexual offense against the child to a law enforcement agency;


4. Knows or has reasonable cause to believe that reporting the violent or sexual offense against the child to a law enforcement agency would place the person or any other person who is related to him or her by blood or marriage or who resides in the same household as he or she resides, whether or not the other person is related to him or her by blood or marriage, in imminent danger of suffering substantial bodily harm;


5. Became aware of the violent or sexual offense against the child through a communication or proceeding that is protected by a privilege set forth in chapter 49 of NRS; or


6. Is acting in his or her professional or occupational capacity and is required to report the abuse or neglect of a child pursuant to NRS 432B.220.


CREDIT(S)


Added by Laws 1999, p. 3524.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 202.891


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)

Reporting of Certain Offenses Against Children

 202.891. Immunity from civil or criminal liability; presumption that report was made in good faith


1. If a person who is required to make a report pursuant to NRS 202.882 makes such a report in good faith and in accordance with that section, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.


2. If a person is not required to make a report pursuant to NRS 202.882 and the person makes such a report to a law enforcement agency in good faith, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.


3. For the purposes of this section, if a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to NRS 202.882, the person is presumed to have made the report in good faith unless the person is being prosecuted for a criminal violation, including, without limitation, a violation of the provisions of NRS 207.280.


CREDIT(S)


Added by Laws 1999, p. 3524.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 202.894


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)

Reporting of Certain Offenses Against Children

 202.894. Report deemed report of abuse or neglect of child made pursuant to NRS 432B.220


If a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to NRS 202.882, and the violent or sexual offense against the child would constitute abuse or neglect of a child, as defined in NRS 432B.020, the report made by the person shall be deemed to be a report of the abuse or neglect of the child that has been made pursuant to NRS 432B.220 and:


1. The appropriate agencies shall act upon the report pursuant to chapter 432B of NRS; and


2. The report may be used in the same manner as other reports that are made pursuant to NRS 432B.220.


CREDIT(S)


Added by Laws 1999, p. 3525.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).


Chapter 201. Crimes Against Public Decency and Good Morals

Tags:35 NV (0.9%)

N.R.S. 201.120


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Abortions; Concealing Birth

 201.120. Abortion: Definition; penalty


A person who:


1. Prescribes, supplies or administers to a woman, whether pregnant or not, or advises or causes her to take any medicine, drug or substance; or


2. Uses or causes to be used, any instrument or other means,


to terminate a pregnancy, unless done pursuant to the provisions of NRS 442.250, or by a woman upon herself upon the advice of a physician acting pursuant to the provisions of NRS 442.250, is guilty of abortion which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.


CREDIT(S)


Amended by Laws 1967, p. 475; Laws 1973, p. 1639; Laws 1979, p. 1428; Laws 1995, p. 1197.


Formerly C&P (1911), § 182, RL (1912), § 6447; NCL (1929), § 10129.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.130


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Abortions; Concealing Birth

 201.130. Selling drugs to produce miscarriage; penalty


Every person who shall manufacture, sell or give away any instrument, drug, medicine or other substance, knowing or intending that the same may be unlawfully used in procuring the miscarriage of a woman, shall be guilty of a gross misdemeanor.


CREDIT(S)


Formerly C&P (1911), § 183; RL (1912), § 6448; NCL (1929), § 10130.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.140


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Abortions; Concealing Birth

 201.140. Evidence


In any prosecution for abortion, attempting abortion, or selling drugs unlawfully, no person shall be excused from testifying as a witness on the ground that the testimony would tend to incriminate him or her, but such testimony shall not be used against the person testifying in any criminal prosecution except for perjury in giving such testimony.


CREDIT(S)


Formerly C&P (1911), § 184; RL (1912), § 6449; NCL (1929), § 10131.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.150


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Abortions; Concealing Birth

 201.150. Concealing birth; penalty


Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross misdemeanor.


CREDIT(S)


Formerly C&P (1911), § 185; RL (1912), § 6450; NCL (1929), § 10132.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).


Chapter 201. Crimes Against Public Decency and Good Morals

Tags:35 NV (0.9%)

N.R.S. T. 15, Ch. 201, Refs & Annos


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals

Paternity Fraud



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.085


Effective: October 1, 2007


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Paternity Fraud (Refs & Annos)

 201.085. Definition; penalty


1. A person is guilty of paternity fraud if the person:


(a) Is ordered by a court to submit, or agrees to submit, to a test for genetic identification to determine the paternity of a child and knowingly assists, aids, abets, solicits or conspires with another person to have someone other than himself submit to the test for the purpose of preventing a determination that he is the father of the child;


(b) Submits to a test for genetic identification to determine the paternity of a child in place of the person who has been ordered to submit, or who has agreed to submit, to a test for genetic identification to determine the paternity of a child for the purpose of preventing a determination that the person for whom he is taking the test is the father of the child; or


(c) Knowingly assists, aids, abets, solicits or conspires with another person:


(1) To commit a violation of paragraph (a) or (b); or


(2) To render inaccurate the results of a test for genetic identification to determine the paternity of a child.


2. A person who violates this section is guilty of a gross misdemeanor.


CREDIT(S)


Added by Laws 2007, c. 277, § 1.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).


Chapter 200. Crimes Against the Person

Tags:35 NV (0.9%)

N.R.S. 200.508


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse and Neglect of Children

 200.508. Abuse, neglect or endangerment of child: Penalties; definitions


1. A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:


(a) If substantial bodily or mental harm results to the child:


(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or


(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or


(b) If substantial bodily or mental harm does not result to the child:


(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or


(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years,


unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.


2. A person who is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:


(a) If substantial bodily or mental harm results to the child:


(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or


(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or


(b) If substantial bodily or mental harm does not result to the child:


(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a gross misdemeanor; or


(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130,


unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.


3. A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that the person delivers or allows the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.


4. As used in this section:


(a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.


(b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.


(c) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.


(d) “Physical injury” means:


(1) Permanent or temporary disfigurement; or


(2) Impairment of any bodily function or organ of the body.


(e) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior.


CREDIT(S)


Added by Laws 1971, p. 772. Amended by Laws 1975, p. 1141; Laws 1977, pp. 738, 1629; Laws 1985, p. 1399; Laws 1989, pp. 866, 1510, 1512; Laws 1995, p. 1193; Laws 1997, pp. 850, 1720; Laws 1999, pp. 470, 472; Laws 2001, c. 276, § 14, eff. May 31, 2001; Laws 2001, c. 258, § 1, eff. Oct. 1, 2001; Laws 2003, c. 2, § 23, eff. March 5, 2003.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5081


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse and Neglect of Children

 200.5081. District attorney may refer person suspected of violating NRS 200.508 for treatment or counseling


1. A district attorney may, if the circumstances indicate that treatment or counseling is needed, refer a person who is suspected of violating a provision of NRS 200.508 to an appropriate public or private agency for treatment or counseling. The district attorney shall obtain the consent of the agency to which the district attorney intends to refer the person before doing so.


2. Nothing in this section limits the discretion of the district attorney to undertake prosecution of a person who has been referred for treatment or counseling pursuant to subsection 1.


CREDIT(S)


Added by Laws 1981, p. 1228.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5083


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse and Neglect of Children

 200.5083. Mutilation of genitalia of female child: Penalties; definitions


1. A person who willfully:


(a) Mutilates, or aids, abets, encourages or participates in the mutilation of the genitalia of a female child; or


(b) Removes a female child from this State for the purpose of mutilating the genitalia of the child,


is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.


2. It is not a defense that:


(a) The person engaging in the conduct prohibited by subsection 1 believes that the conduct is necessary or appropriate as a matter of custom, ritual or standard practice; or


(b) The child, the parent or legal guardian of the child, or another person legally responsible for the child has consented to the conduct prohibited by subsection 1.


3. As used in this section:


(a) “Child” means a person who is under 18 years of age.


(b) “Mutilates the genitalia of a female child” means the removal or infibulation in whole or in part of the clitoris, vulva, labia major or labia minor for nonmedical purposes.


CREDIT(S)


Added by Laws 1997, p. 678.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5085


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse and Neglect of Children

 200.5085. Use of nonmedical remedial treatment


A child is not abused or neglected, nor is the child’s health or welfare harmed or threatened for the sole reason that his or her parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this State in lieu of medical treatment.


CREDIT(S)


Added by Laws 1979, p. 437.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. T. 15, Ch. 200, Refs & Annos


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5091


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.5091. Policy of State


It is the policy of this State to provide for the cooperation of law enforcement officials, courts of competent jurisdiction and all appropriate state agencies providing human services in identifying the abuse, neglect, exploitation and isolation of older persons and vulnerable persons through the complete reporting of abuse, neglect, exploitation and isolation of older persons and vulnerable persons.


CREDIT(S)


Added by Laws 1981, p. 1334. Amended by Laws 1997, p. 1348; Laws 2005, c. 324, § 3.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5092


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.5092. Definitions


As used in NRS 200.5091 to 200.50995, inclusive, unless the context otherwise requires:


1. “Abuse” means willful and unjustified:


(a) Infliction of pain, injury or mental anguish on an older person or a vulnerable person; or


(b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person.


2. “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:


(a) Obtain control, through deception, intimidation or undue influence, over the older person's or vulnerable person's money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or


(b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.


As used in this subsection, “undue influence” does not include the normal influence that one member of a family has over another.


3. “Isolation” means willfully, maliciously and intentionally preventing an older person or a vulnerable person from having contact with another person by:


(a) Intentionally preventing the older person or vulnerable person from receiving visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or vulnerable person or a person who telephones the older person or vulnerable person that the older person or vulnerable person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person or vulnerable person and intended to prevent the older person or vulnerable person from having contact with the visitor; or


(b) Physically restraining the older person or vulnerable person to prevent the older person or vulnerable person from meeting with a person who comes to visit the older person or vulnerable person.


The term does not include an act intended to protect the property or physical or mental welfare of the older person or vulnerable person or an act performed pursuant to the instructions of a physician of the older person or vulnerable person.


4. “Neglect” means the failure of:


(a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his or her care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person; or


(b) An older person or a vulnerable person to provide for his or her own needs because of inability to do so.


5. “Older person” means a person who is 60 years of age or older.


6. “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation and isolation of older persons. The services may include investigation, evaluation, counseling, arrangement and referral for other services and assistance.


7. “Vulnerable person” means a person 18 years of age or older who:


(a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or


(b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.


CREDIT(S)


Added by Laws 1981, p. 1334. Amended by Laws 1983, pp. 1359, 1652; Laws 1995, p. 2250; Laws 1997, p. 1348; Laws 1999, p. 3517; Laws 2003, c. 78, § 1, eff. Oct. 1, 2003; Laws 2005, c. 324, § 4.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.50925


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.50925. “Reasonable cause to believe” and “as soon as reasonably practicable” defined


For the purposes of NRS 200.5091 to 200.50995, inclusive, a person:


1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.


2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.


CREDIT(S)


Added by Laws 1999, p. 3517.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5093


Effective: January 1, 2012


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.5093. Report of abuse, neglect, exploitation or isolation of older person; voluntary and mandatory reports; investigation; penalty


1. Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:


(a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:


(1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;


(2) A police department or sheriff's office;


(3) The county's office for protective services, if one exists in the county where the suspected action occurred; or


(4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and


(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.


2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.


3. Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.


4. A report must be made pursuant to subsection 1 by the following persons:


(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, advanced emergency medical technician, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.


(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.


(c) A coroner.


(d) Every person who maintains or is employed by an agency to provide personal care services in the home.


(e) Every person who maintains or is employed by an agency to provide nursing in the home.


(f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 427A.0291.


(g) Any employee of the Department of Health and Human Services.


(h) Any employee of a law enforcement agency or a county's office for protective services or an adult or juvenile probation officer.


(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.


(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.


(k) Every social worker.


(l) Any person who owns or is employed by a funeral home or mortuary.


5. A report may be made by any other person.


6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.


7. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:


(a) Aging and Disability Services Division;


(b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and


(c) Unit for the Investigation and Prosecution of Crimes.


8. If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging and Disability Services Division of the Department of Health and Human Services or the county's office for protective services may provide protective services to the older person if the older person is able and willing to accept them.


9. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.


10. As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.


CREDIT(S)


Added by Laws 1981, p. 1334. Amended by Laws 1983, p. 1653; Laws 1985, p. 1491; Laws 1987, pp. 2130, 2218; Laws 1989, p. 904; Laws 1991, p. 135; Laws 1993, p. 2226; Laws 1995, p. 2250; Laws 1997, pp. 108, 2608, 2610, pp. 2637, 2639; Laws 1999, pp. 137, 2242, pp. 2245, 2248, 3518; Laws 2001, c. 10, § 93, eff. April 2, 2001; Laws 2001, c. 152, § 50; Laws 2003, c. 173, § 42, eff. Oct. 1, 2003; Laws 2005, c. 324, § 5; Laws 2005, c. 458, § 14, eff. July 1, 2005; Laws 2007, c. 305, § 30, eff. June 2, 2007; Laws 2007, c. 224, § 19, eff. July 1, 2007; Laws 2007, c. 515, § 72, eff. July 1, 2007; Laws 2007, c. 413, § 86, eff. Jan. 1, 2008; Laws 2009, c. 428, § 6, eff. July 1, 2009; Laws 2009, c. 437, § 1; Laws 2009, c. 494, § 81, eff. July 1, 2010; Laws 2011, c. 252, § 27, eff. Jan. 1, 2012; Laws 2011, c. 273, § 52, eff. Jan. 1, 2012.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.50935


Effective: January 1, 2012


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.50935. Report of abuse, neglect, exploitation or isolation of vulnerable person; voluntary and mandatory reports; investigation; penalty


1. Any person who is described in subsection 3 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited or isolated shall:


(a) Report the abuse, neglect, exploitation or isolation of the vulnerable person to a law enforcement agency; and


(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited or isolated.


2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.


3. A report must be made pursuant to subsection 1 by the following persons:


(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, advanced emergency medical technician, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited or isolated.


(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of a vulnerable person by a member of the staff of the hospital.


(c) A coroner.


(d) Every person who maintains or is employed by an agency to provide nursing in the home.


(e) Any employee of the Department of Health and Human Services.


(f) Any employee of a law enforcement agency or an adult or juvenile probation officer.


(g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.


(h) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.


(i) Every social worker.


(j) Any person who owns or is employed by a funeral home or mortuary.


4. A report may be made by any other person.


5. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.


6. A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.


7. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.


CREDIT(S)


Added by Laws 2005, c. 324, § 2. Amended by Laws 2007, c. 515, § 73, eff. July 1, 2007; Laws 2007, c. 413, § 87, eff. Jan. 1, 2008; Laws 2009, c. 494, § 82, eff. July 1, 2010; Laws 2011, c. 252, § 28, eff. Jan. 1, 2012; Laws 2011, c. 273, § 53, eff. Jan. 1, 2012.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5094


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.5094. Reports: Manner of making; contents


1. A person may make a report pursuant to NRS 200.5093 or 200.50935 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.


2. The report must contain the following information, when possible:


(a) The name and address of the older person or vulnerable person;


(b) The name and address of the person responsible for his or her care, if there is one;


(c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited or isolated the older person or vulnerable person;


(d) The nature and extent of the abuse, neglect, exploitation or isolation of the older person or vulnerable person;


(e) Any evidence of previous injuries; and


(f) The basis of the reporter's belief that the older person or vulnerable person has been abused, neglected, exploited or isolated.


CREDIT(S)


Added by Laws 1981, p. 1335. Amended by Laws 1983, p. 1654; Laws 1997, p. 1351; Laws 1999, p. 3520; Laws 2005, c. 324, § 6.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5095


Effective: January 1, 2012


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.5095. Reports and records confidential; permissible or required disclosure; penalty


1. Reports made pursuant to NRS 200.5093, 200.50935 and 200.5094, and records and investigations relating to those reports, are confidential.


2. A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation or isolation of older persons or vulnerable persons, except:


(a) Pursuant to a criminal prosecution;


(b) Pursuant to NRS 200.50982; or


(c) To persons or agencies enumerated in subsection 3,


is guilty of a misdemeanor.


3. Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person or a vulnerable person is available only to:


(a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited or isolated;


(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;


(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation or isolation of the older person or vulnerable person;


(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;


(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;


(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;


(g) Any comparable authorized person or agency in another jurisdiction;


(h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation or isolation;


(i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation or isolation; or


(j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited or isolated, if that person is not legally incompetent.


4. If the person who is reported to have abused, neglected, exploited or isolated an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, codified in ch. 640E the information contained in the report must be submitted to the board that issued the license.


CREDIT(S)


Added by Laws 1981, p. 1335. Amended by Laws 1983, p. 1654; Laws 1995, p. 2252; Laws 1997, p. 1351; Laws 2003, c. 173, § 43, eff. Oct. 1, 2003; Laws 2005, c. 324, § 7; Laws 2011, c. 252, § 29, eff. Jan. 1, 2012; Laws 2011, c. 273, § 54, eff. Jan. 1, 2012.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.50955


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.50955. Law enforcement agency: Required to act promptly in obtaining certain warrants


A law enforcement agency shall promptly seek to obtain a warrant for the arrest of any person the agency has probable cause to believe is criminally responsible for the abuse, neglect, exploitation or isolation of an older person or a vulnerable person.


CREDIT(S)


Added by Laws 1997, p. 1348. Amended by Laws 2005, c. 324, § 8.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5096


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.5096. Immunity from civil or criminal liability for reporting, investigating or submitting information


Immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, in good faith:


1. Participates in the making of a report;


2. Causes or conducts an investigation of alleged abuse, neglect, exploitation or isolation of an older person or a vulnerable person; or


3. Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.


CREDIT(S)


Added by Laws 1981, p. 1336. Amended by Laws 1995, p. 2253; Laws 1997, p. 1352; Laws 2005, c. 324, § 9.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5097


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.5097. Admissibility of evidence


In any proceeding resulting from a report made or action taken pursuant to NRS 200.5091 to 200.50995, inclusive, or in any other proceeding, the report or its contents or any other fact related thereto or to the condition of the older person or vulnerable person who is the subject of the report may not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.


CREDIT(S)


Added by Laws 1981, p. 1336. Amended by Laws 2005, c. 324, § 10.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5098


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.5098. Duties of Aging and Disability Services Division of Department of Health and Human Services regarding older persons; organization and operation of teams for provision of assistance


1. The Aging and Disability Services Division of the Department of Health and Human Services shall:


(a) Identify and record demographic information on the older person who is alleged to have been abused, neglected, exploited or isolated and the person who is alleged to be responsible for such abuse, neglect, exploitation or isolation.


(b) Obtain information from programs for preventing abuse of older persons, analyze and compare the programs, and make recommendations to assist the organizers of the programs in achieving the most efficient and effective service possible.


(c) Publicize the provisions of NRS 200.5091 to 200.50995, inclusive.


2. The Administrator of the Aging and Disability Services Division of the Department may organize one or more teams to assist in strategic assessment and planning of protective services, issues regarding the delivery of service, programs or individual plans for preventing, identifying, remedying or treating abuse, neglect, exploitation or isolation of older persons. Members of the team serve at the invitation of the Administrator and must be experienced in preventing, identifying, remedying or treating abuse, neglect, exploitation or isolation of older persons. The team may include representatives of other organizations concerned with education, law enforcement or physical or mental health.


3. The team may receive otherwise confidential information and records pertaining to older persons to assist in assessing and planning. The confidentiality of any information or records received must be maintained under the terms or conditions required by law. The content of any discussion regarding information or records received by the team pursuant to this subsection is not subject to discovery and a member of the team shall not testify regarding any discussion which occurred during the meeting. Any information disclosed in violation of this subsection is inadmissible in all judicial proceedings.


CREDIT(S)


Added by Laws 1981, p. 1335. Amended by Laws 1983, p. 1655; Laws 1991, p. 134; Laws 1997, p. 1352.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.50982


Effective: May 22, 2007


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.50982. Disclosure of information concerning reports and investigations to other agencies or legal representative of older person or vulnerable person ; disclosure of information concerning suspect in investigation of abuse, neglect, exploitation or isolation of older person


1. The provisions of NRS 200.5091 to 200.50995, inclusive, do not prohibit an agency which is investigating a report of abuse, neglect, exploitation or isolation, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person or a vulnerable person to other federal, state or local agencies or the legal representatives of the older person or vulnerable person on whose behalf the investigation is being conducted if:


(a) The agency making the disclosure determines that the disclosure is in the best interest of the older person or vulnerable person; and


(b) Proper safeguards are taken to ensure the confidentiality of the information.


2. If the Aging and Disability Services Division of the Department of Health and Human Services is investigating a report of abuse, neglect, exploitation or isolation of an older person, a law enforcement agency shall, upon request of the Aging and Disability Services Division, provide information relating to any suspect in the investigation as soon as possible. The information must include, when possible:


(a) The records of criminal history of the suspect;


(b) Whether or not the suspect resides with or near the older person; and


(c) A summary of any events, incidents or arrests which have occurred at the residence of the suspect or the older person within the past 90 days and which involve physical violence or concerns related to public safety or the health or safety of the older person.


CREDIT(S)


Added by Laws 1995, p. 2249. Amended by Laws 1997, p. 1353; Laws 2005, c. 324, § 11; Laws 2007, c. 101, § 2, eff. May 22, 2007.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.50984


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.50984. Inspection of records pertaining to older person on whose behalf investigation is conducted


1. Notwithstanding any other statute to the contrary, the local office of the Aging and Disability Services Division of the Department of Health and Human Services and a county's office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that person's medical and financial records.


2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the Aging and Disability Services Division or the county's office for protective services shall obtain the consent of the older person before inspecting those records. If the Aging and Disability Services Division or the county's office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his or her consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the Aging and Disability Services Division or the county's office for protective services shall obtain the consent of the guardian before inspecting those records. If the Aging and Disability Services Division or the county's office for protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.


CREDIT(S)


Added by Laws 1995, p. 2249. Amended by Laws 1997, pp. 1353, 2611, 2641; Laws 1999, pp. 139, 2242, pp. 2247, 2248, 3521; Laws 2001, c. 10, § 93, eff. April 2, 2001.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.50986


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.50986. Petition for removal of guardian of older person


The local office of the Aging and Disability Services Division of the Department of Health and Human Services or the county's office for protective services may petition a court in accordance with NRS 159.185, 159.1853 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the Aging and Disability Services Division or the county's office of protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person in violation of NRS 200.5091 to 200.50995, inclusive.


CREDIT(S)


Added by Laws 1995, p. 2250. Amended by Laws 1997, pp. 1354, 2612, 2641; Laws 1999, pp. 139, 2242, pp. 2248, 3521; Laws 2001, c. 10, §§ 93 and 135, eff. April 2, 2001; Laws 2003, c. 322, § 118, eff. Oct. 1, 2003.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.5099


Effective: October 1, 2011


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.5099. Penalties


1. Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:


(a) For the first offense, of a gross misdemeanor; or


(b) For any subsequent offense or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.


2. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who:


(a) Neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering;


(b) Permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering; or


(c) Permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect,


is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.


3. Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished, if the value of any money, assets and property obtained or used:


(a) Is less than $650, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;


(b) Is at least $650 but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or


(c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,


unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.


4. If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.


5. Any person who isolates an older person or a vulnerable person is guilty:


(a) For the first offense, of a gross misdemeanor; or


(b) For any subsequent offense, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.


6. A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.


7. A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.


8. In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.


9. As used in this section:


(a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.


(b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.


(c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.


CREDIT(S)


Added by Laws 1981, p. 1336. Amended by Laws 1983, pp. 1652, 1655; Laws 1985, p. 249; Laws 1995, pp. 1194, 2253; Laws 1997, pp. 110, 1354; Laws 2003, c. 422, § 2, eff. Oct. 1, 2003; Laws 2005, c. 324, § 12; Laws 2011, c. 41, § 4.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 200.50995


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 200. Crimes Against the Person (Refs & Annos)

Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)

 200.50995. Penalties for conspiracy


A person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person as prohibited by NRS 200.5099 shall be punished:


1. For the first offense, for a gross misdemeanor.


2. For the second and all subsequent offenses, for a category C felony as provided in NRS 193.130.


Each person found guilty of such a conspiracy is jointly and severally liable for the restitution ordered by the court pursuant to NRS 200.5099 with each other person found guilty of the conspiracy.


CREDIT(S)


Added by Laws 1997, p. 1347. Amended by Laws 2003, c. 422, § 3, eff. Oct. 1, 2003; Laws 2005, c. 324, § 13.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).


Chapter 201. Crimes Against Public Decency and Good Morals

Tags:35 NV (0.9%)

N.R.S. T. 15, Ch. 201, Refs & Annos


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals

Nonsupport of Spouse, Former Spouse or Child



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.015


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.015. “Minor child” defined


For the purposes of NRS 201.015 to 201.080, inclusive, “minor child” means a person who has not reached the age of majority as provided in NRS 129.010 and has not been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive.


CREDIT(S)


Added by Laws 1965, p. 1440. Amended by Laws 1987, p. 1282; Laws 1999, p. 3568.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.020


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.020. Penalties; jurisdiction


1. Except as otherwise provided in subsection 2, a person who knowingly fails to provide for the support of his or her:


(a) Spouse or former spouse;


(b) Minor child; or


(c) Child who upon arriving at the age of majority is unable to provide support for himself or herself because of infirmity, incompetency or other legal disability that was contracted before the child reached the age of majority,


as ordered by a court, is guilty of a misdemeanor.


2. A person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130 if:


(a) The person’s arrearages for nonpayment of the child support or spousal support ordered by a court total $10,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support; or


(b) It is a second or subsequent violation of subsection 1 or an offense committed in another jurisdiction that, if committed in this State, would be a violation of subsection 1, and the person’s arrearages for nonpayment of the child support or spousal support ordered by a court total $5,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support.


3. A prosecution for a violation of subsection 1 may be brought in a court of competent jurisdiction in any county in which:


(a) A court has issued a valid order for the defendant to pay child support or spousal support;


(b) The defendant resides;


(c) The custodial parent or custodian of the child for whom the defendant owes child support resides;


(d) The spouse or former spouse to whom the defendant owes spousal support resides; or


(e) The child for whom the defendant owes child support resides.


CREDIT(S)


Amended by Laws 1965, p. 1440; Laws 1967, p. 474; Laws 1969, p. 271; Laws 1979, p. 1284; Laws 1983, p. 1878; Laws 1995, p. 1196; Laws 1999, pp. 1208, 3568; Laws 2001, c. 10, § 137, eff. April 2, 2001.


Formerly section 1 of chapter 170 of Laws 1923; NCL (1929), § 10516.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.025


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.025. Repealed


CREDIT(S)


Repealed by Laws 1999, c. 638, § 7.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.030


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.030. Institution of proceedings: Verified complaint


Proceedings under NRS 201.015 to 201.080, inclusive, may be instituted upon complaint made under oath or affirmation by the spouse or child or children, or by any other person, including the district attorney, against any person guilty of an offense named in NRS 201.020.


CREDIT(S)


Amended by Laws 1969, p. 589; Laws 1985, p. 64; Laws 1999, p. 3570.


Formerly section 2 of chapter 170 of Laws 1923; NCL (1929), § 10517.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.040


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.040, 201.050. Repealed


CREDIT(S)


Repealed by Laws 1999, c. 638, § 7.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.050


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.040, 201.050. Repealed


CREDIT(S)


Repealed by Laws 1999, c. 638, § 7.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.051


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.051. Affirmative defense: Notice of intent to claim; notice of rebuttal witnesses; notice of provisions of section


1. Except as otherwise provided in this section, in a prosecution for a violation of NRS 201.020, the defendant may claim as an affirmative defense that he or she was unable to provide the child support or spousal support ordered by a court.


2. In addition to the written notice required by NRS 174.234, a defendant who intends to offer the affirmative defense described in subsection 1 shall, not less than 20 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of his or her intent to claim the affirmative defense. The written notice must include:


(a) The specific affirmative defense that the defendant is asserting; and


(b) The name and last known address of each witness by whom the defendant proposes to establish the affirmative defense.


3. Not later than 10 days after receiving the written notice set forth in subsection 2 or at such other time as the court directs, the prosecuting attorney shall file and serve upon the defendant a written notice that includes the name and last known address of each witness the prosecuting attorney proposes to offer in rebuttal at trial to discredit the affirmative defense claimed by the defendant.


4. Each party has a continuing duty to file and serve upon the opposing party any change in the last known address of any witness that the party proposes to offer to establish or discredit the affirmative defense described in subsection 1.


5. Each party has a continuing duty to disclose promptly the names and last known addresses of any additional witnesses which come to the attention of that party and which that party proposes to offer to establish or discredit the affirmative defense described in subsection 1.


6. If the defendant or prosecuting attorney fails to comply with the requirements set forth in this section, in addition to any sanctions or protective orders otherwise provided in chapter 174 of NRS, the court may grant a continuance to permit the opposing party time to prepare.


7. A prosecuting attorney shall provide notice of the requirements of this section to a defendant when a complaint is served upon the defendant for a violation of NRS 201.020.


8. For the purposes of this section, a defendant is not “unable to provide the child support or spousal support ordered by a court” if, during the period that the defendant was obligated to provide and failed to provide child support or spousal support, the defendant was:


(a) Voluntarily unemployed or underemployed without good cause or to avoid payment of child support or spousal support, including, without limitation, not using reasonable diligence to secure sufficient employment; or


(b) Unable to pay the child support or spousal support ordered by a court because of excessive spending, indebtedness or other legal obligation, unless the spending, indebtedness or other legal obligation was not within the control of the defendant.


CREDIT(S)


Added by Laws 1999, p. 3567.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.060


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.060. Repealed


CREDIT(S)


Repealed by Laws 1999, c. 638, § 7.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.070


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.070. Evidence; husband and wife competent witnesses


1. No other or greater evidence is required to prove the marriage of the husband and wife, or that the defendant is the father or mother of the child or children, than is required to prove such facts in a civil action.


2. In no prosecution under NRS 201.015 to 201.080, inclusive, does any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife are competent witnesses to testify against each other to any and all relevant matters, including the fact of the marriage and the parentage of any child or children, but neither may be compelled to give evidence incriminating himself or herself.


3. Proof of the failure of the defendant to provide for the support of the spouse, child or children, is prima facie evidence that such failure was knowing.


CREDIT(S)


Amended by Laws 1985, p. 64; Laws 1999, p. 3570.


Formerly section 6 of chapter 170 of Laws 1923; NCL (1929), § 10521.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).



N.R.S. 201.080


Effective:[See Text Amendments]


West's Nevada Revised Statutes Annotated Currentness

Title 15. Crimes and Punishments (Chapters 193-207)

Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)

Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)

 201.080. Uniformity of interpretation


NRS 201.015 to 201.080, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.


CREDIT(S)


Formerly section 7 of chapter 170 of Laws 1923; NCL (1929), § 10522.



Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).


21-5414. Domestic battery

Tags:33 KS (0.9%)

K.S.A. 21-5414

Formerly cited as K.S.A. 21-3412a


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 54. Crimes Against Persons

21-5414. Domestic battery


(a) Domestic battery is:


(1) Knowingly or recklessly causing bodily harm by a family or household member against a family or household member; or


(2) knowingly causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner.


(b) Domestic battery is:


(1) Except as provided in subsection (b)(2) or (b)(3), a class B person misdemeanor and the offender shall be sentenced to not less than 48 consecutive hours nor more than six months' imprisonment and fined not less than $200, nor more than $500 or in the court's discretion the court may enter an order which requires the offender to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program;


(2) except as provided in subsection (b)(3), a class A person misdemeanor, if, within five years immediately preceding commission of the crime, an offender is convicted of domestic battery a second time and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $500 nor more than $1,000. The five days imprisonment mandated by this paragraph may be served in a work release program only after such offender has served 48 consecutive hours imprisonment, provided such work release program requires such offender to return to confinement at the end of each day in the work release program. The offender shall serve at least five consecutive days imprisonment before the offender is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court or department of corrections; and


(3) a person felony, if, within five years immediately preceding commission of the crime, an offender is convicted of domestic battery a third or subsequent time, and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $7,500. The offender convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the offender has served at least 90 days imprisonment. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court or department of corrections. If the offender does not undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, the offender shall serve not less than 180 days nor more than one year's imprisonment. The 90 days imprisonment mandated by this paragraph may be served in a work release program only after such offender has served 48 consecutive hours imprisonment, provided such work release program requires such offender to return to confinement at the end of each day in the work release program.


(c) As used in this section:


(1) “Family or household member” means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. “Family or household member” also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and


(2) for the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section:


(A) “Conviction” includes being convicted of a violation of K.S.A. 21-3412a, prior to its repeal, this section or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;


(B) “conviction” includes being convicted of a violation of a law of another state, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;


(C) only convictions occurring in the immediately preceding five years including prior to July 1, 2001, shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offender, whichever is applicable; and


(D) it is irrelevant whether an offense occurred before or after conviction for a previous offense.


(d) A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section or an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits only twice during any five-year period.


CREDIT(S)


Laws 2010, ch. 136, § 49, eff. July 1, 2011; Laws 2011, ch. 30, § 20, eff. July 1, 2011; Laws 2012, ch. 162, § 15, eff. May 31, 2012.



Current through 2012 regular session.



21-5419. Application of certain crimes to an unborn child

Tags:33 KS (0.9%)

K.S.A. 21-5419

Formerly cited as K.S.A. 21-3452


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 54. Crimes Against Persons

21-5419. Application of certain crimes to an unborn child


(a) As used in this section:


(1) “Abortion” means an abortion as defined by K.S.A. 65-6701, and amendments thereto; and


(2) “unborn child” means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.


(b) This section shall not apply to:


(1) Any act committed by the mother of the unborn child;


(2) any medical procedure, including abortion, performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian; or


(3) the lawful dispensation or administration of lawfully prescribed medication.


(c) As used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405, 21-5406 and subsections (a) and (b) of 21-5413, and amendments thereto, “person” and “human being” also mean an unborn child.


(d) This section shall be known as Alexa's law.


CREDIT(S)


Laws 2010, ch. 136, § 54, eff. July 1, 2011.



Current through 2012 regular session.


Article 56. Crimes Affecting Family Relationships and Children

Tags:33 KS (0.9%)

K.S.A. 21-5601

Formerly cited as K.S.A. 21-3608; 21-3608a


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 56. Crimes Affecting Family Relationships and Children

21-5601. Endangering a child; aggravated endangering a child


(a) Endangering a child is knowingly and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health may be endangered.


(b) Aggravated endangering a child is:


(1) Recklessly causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health is endangered;


(2) causing or permitting such child to be in an environment where the person knows or reasonably should know that any person is distributing, possessing with intent to distribute, manufacturing or attempting to manufacture any methamphetamine, or analog thereof, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto; or


(3) causing or permitting such child to be in an environment where the person knows or reasonably should know that drug paraphernalia or volatile, toxic or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture any methamphetamine, or analog thereof, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto.


(c)(1) Endangering a child is a class A person misdemeanor.


(2) Aggravated endangering a child is a severity level 9, person felony. The sentence for a violation of aggravated endangering a child shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.


(d) Nothing in subsection (a) shall be construed to mean a child is endangered for the sole reason the child's parent or guardian, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.


(e) As used in this section:


(1) “Manufacture” means the same as in K.S.A. 21-5701, and amendments thereto; and


(2) “drug paraphernalia” means the same as in K.S.A. 21-5701, and amendments thereto.


CREDIT(S)


Laws 2010, ch. 136, § 78, eff. July 1, 2011; Laws 2011, ch. 30, § 34, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-5602

Formerly cited as K.S.A. 21-3609


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 56. Crimes Affecting Family Relationships and Children

21-5602. Abuse of a child


(a) Abuse of a child is knowingly:


(1) Torturing or cruelly beating any child under the age of 18 years;


(2) shaking any child under the age of 18 years which results in great bodily harm to the child; or


(3) inflicting cruel and inhuman corporal punishment upon any child under the age of 18 years.


(b) Abuse of a child is a severity level 5, person felony.


(c) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any form of battery or homicide.


CREDIT(S)


Laws 2010, ch. 136, § 79, eff. July 1, 2011; Laws 2011, ch. 30, § 285, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-5603

Formerly cited as K.S.A. 21-3612


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 56. Crimes Affecting Family Relationships and Children

21-5603. Contributing to a child's misconduct or deprivation


(a) Contributing to a child's misconduct or deprivation is:


(1) Knowingly causing or encouraging a child under 18 years of age to become or remain a child in need of care as defined by the revised Kansas code for care of children;


(2) knowingly causing or encouraging a child under 18 years of age to commit a traffic infraction or an act which, if committed by an adult, would be a misdemeanor or to violate the provisions of K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and amendments thereto;


(3) failure to reveal, upon inquiry by a uniformed or properly identified law enforcement officer engaged in the performance of such officer's duty, any information one has regarding a runaway, with intent to aid the runaway in avoiding detection or apprehension;


(4) sheltering or concealing a runaway with intent to aid the runaway in avoiding detection or apprehension by law enforcement officers;


(5) knowingly causing or encouraging a child under 18 years of age to commit an act which, if committed by an adult, would be a felony; or


(6) knowingly causing or encouraging a child to violate the terms or conditions of the child's probation or conditional release pursuant to subsection (a)(1) of K.S.A. 38-2361, and amendments thereto.


(b) Contributing to a child's misconduct or deprivation as defined in:


(1) Subsection (a)(5) is a severity level 7, person felony;


(2) subsection (a)(4) is a severity level 8, person felony;


(3) subsection (a)(1), (a)(2), (a)(3) or (a)(6) is a class A nonperson misdemeanor.


(c) A person may be found guilty of contributing to a child's misconduct or deprivation even though no prosecution of the child whose misconduct or deprivation the defendant caused or encouraged has been commenced pursuant to the revised Kansas code for care of children, revised Kansas juvenile justice code or Kansas criminal code.


(d) As used in this section, “runaway” means a child under 18 years of age who is voluntarily absent from:


(1) The child's home without the consent of the child's parent or other custodian; or


(2) a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person's designee.


CREDIT(S)


Laws 2010, ch. 136, § 80, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-5604

Formerly cited as K.S.A. 21-3602; 21-3603


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 56. Crimes Affecting Family Relationships and Children

21-5604. Incest; aggravated incest


(a) Incest is marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as defined in K.S.A. 21-5501, and amendments thereto, with a person who is 18 or more years of age and who is known to the offender to be related to the offender as any of the following biological relatives: Parent, child, grandparent of any degree, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.


(b) Aggravated incest is:


(1) Marriage to a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece; or


(2) engaging in the following acts with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece:


(A) Otherwise lawful sexual intercourse or sodomy as defined by K.S.A. 21-5501, and amendments thereto; or


(B) any lewd fondling, as described in subsection (a)(1) of K.S.A. 21-5506, and amendments thereto.


(c)(1) Incest is a severity level l0, person felony.


(2) Aggravated incest as defined in:


(A) Subsection (b)(2)(A) is a:


(i) Severity level 5, person felony, except as provided in subsection (c)(2)(A)(ii); and


(ii) severity level 3, person felony if the victim is the offender's biological, step or adoptive child; and


(B) subsection (b)(1) or (b)(2)(B) is a severity level 7, person felony.


CREDIT(S)


Laws 2010, ch. 136, § 81, eff. July 1, 2011; Laws 2012, ch. 150, § 6, eff. July 1, 2012.



Current through 2012 regular session.



K.S.A. 21-5605

Formerly cited as K.S.A. 21-3604; 21-3604a


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 56. Crimes Affecting Family Relationships and Children

21-5605. Abandonment of a child; aggravated abandonment of a child


(a) Abandonment of a child is leaving a child under the age of 16 years, in a place where such child may suffer because of neglect by the parent, guardian or other person to whom the care and custody of such child shall have been entrusted, when done with intent to abandon such child.


(b) Aggravated abandonment of a child is abandonment of a child, as defined in subsection (a), which results in great bodily harm.


(c)(1) Abandonment of a child is a severity level 8, person felony.


(2) Aggravated abandonment of a child is a severity level 5, person felony.


(d) No parent or other person having lawful custody of an infant shall be prosecuted for a violation of subsection (a), if such parent or person surrenders custody of an infant in the manner provided by K.S.A. 38-2282, and amendments thereto, and if such infant has not suffered bodily harm.


(e) A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any form of battery or homicide.


CREDIT(S)


Laws 2010, ch. 136, § 82, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-5606

Formerly cited as K.S.A. 21-3605


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 56. Crimes Affecting Family Relationships and Children

21-5606. Criminal nonsupport


(a) Criminal nonsupport is:


(1) A parent's failure, neglect or refusal without lawful excuse to provide for the support and maintenance of the parent's child in necessitous circumstances; or


(2) a person's failure, without just cause, to provide for the support of such person's spouse in necessitous circumstances.


(b) Criminal nonsupport is a severity level 10, nonperson felony.


(c) As used in this section, “child” means a child under the age of 18 years and includes an adopted child or a child born out of wedlock whose parentage has been judicially determined or has been acknowledged in writing by the person to be charged with the support of such child.


(d)(1) At any time before the trial, upon petition and notice, the court may enter such temporary order as may seem just providing for support of such child or spouse, and may punish for violation of such order as for contempt.


(2) At any stage of the proceeding, instead of or in addition to imposing the penalty provided, the court, in its discretion and having regard for the circumstances and the financial ability or earning capacity of the defendant, may enter an order which shall be subject to change by the court, as circumstances may require, directing the defendant to pay a certain sum periodically, for a term not exceeding the period during which the obligation to support shall continue, to the spouse, if applicable, the guardian, conservator or custodian of such child or spouse or to an organization or individual approved by the court as trustee. The court shall also have the power to release the defendant on probation for the period so fixed, upon the defendant's entering into a recognizance, with or without surety, in such sum as the court may order and approve. The condition of the recognizance shall be such that if the defendant makes a personal appearance in court whenever ordered to do so and further complies with the terms of such order of support, or of any subsequent modification thereof, then such recognizance shall be void; otherwise the recognizance shall be of full force and effect.


(3) If the court is satisfied by due proof that, at any time during the period while the obligation to support continues, the defendant has violated the terms of such order, the court may forthwith proceed with the trial of the defendant under the original charge, or sentence the defendant under the original conviction, or enforce the suspended sentence as the case may be.


(4) In no prosecution under this section shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife shall be competent witnesses to testify against each other to any and all relevant matters, including the parentage of such child.


(e) Failure by a spouse to use resources or income, or both, allowed to the spouse under section 303 of the federal medicare catastrophic coverage act of 1988 or under K.S.A. 39-785 through 39-790, and amendments thereto, as applicable, to provide medical support for the other spouse shall not constitute a violation of subsection (a)(2) so long as the other spouse is receiving medical assistance as defined by K.S.A. 39-702, and amendments thereto.


CREDIT(S)


Laws 2010, ch. 136, § 83, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-5607

Formerly cited as K.S.A. 21-3610; 21-3610b


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 56. Crimes Affecting Family Relationships and Children

21-5607. Furnishing alcoholic liquor or cereal malt beverage to a minor; furnishing alcoholic beverage to a minor for illicit purposes


(a) Furnishing alcoholic liquor or cereal malt beverage to a minor is recklessly, directly or indirectly, buying for or distributing any alcoholic liquor or cereal malt beverage to any minor.


(b) Furnishing alcoholic beverages to a minor for illicit purposes is, directly or indirectly, buying for or distributing alcoholic liquor or cereal malt beverage to a child under 18 years of age with the intent to commit against such child, or to encourage or induce such child to commit or participate in, any act defined as a crime in K.S.A. 21-5501 through 21-5513, and amendments thereto, or in K.S.A. 21-5604, and amendments thereto.


(c)(1) Furnishing alcoholic liquor or cereal malt beverage to a minor is a class B person misdemeanor, for which the minimum fine is $200.


(2) Furnishing alcoholic beverages to a minor for illicit purposes is a severity level 9, person felony.


(d) As used in this section, terms mean the same as in K.S.A. 41-102, 41-2601 and 41-2701, and amendments thereto.


(e) This section shall not apply to wine intended for use and used by any church or religious organization for sacramental purposes.


(f) It shall be a defense to a prosecution under subsection (a) if:


(1) The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit, or an employee thereof;


(2) the defendant sold the alcoholic liquor or cereal malt beverage to the minor with reasonable cause to believe that the minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage; and


(3) to purchase the alcoholic liquor or cereal malt beverage, the person exhibited to the defendant a driver's license, Kansas nondriver's identification card or other official or apparently official document, that reasonably appears to contain a photograph of the minor and purporting to establish that such minor was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt beverage.


(g) Subsection (a) shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent's child or such guardian's ward when such furnishing is permitted and supervised by the child’s or ward's parent or legal guardian.


CREDIT(S)


Laws 2010, ch. 136, § 84, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-5608

Formerly cited as K.S.A. 21-3610c


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 56. Crimes Affecting Family Relationships and Children

21-5608. Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage


(a) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is recklessly permitting a person's residence or any land, building, structure or room owned, occupied or procured by such person to be used by an invitee of such person or an invitee of such person's child or ward, in a manner that results in the unlawful possession or consumption therein of alcoholic liquor or cereal malt beverages by a minor.


(b) Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a class A person misdemeanor, for which the minimum fine is $1,000. If the court sentences the offender to perform community or public service work as a condition of probation, as described in subsection (b)(10) of K.S.A. 21-6607, and amendments thereto, the court shall consider ordering the offender to serve the community or public service at an alcohol treatment facility.


(c) As used in this section, terms mean the same as in K.S.A. 41-102, and amendments thereto.


(d) The provisions of this section shall not be deemed to create any civil liability for any lodging establishment, as defined in K.S.A. 36-501, and amendments thereto.


CREDIT(S)


Laws 2010, ch. 136, § 85, eff. July 1, 2011.



Current through 2012 regular session.



K.S.A. 21-5609

Formerly cited as K.S.A. 21-3601


West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 56. Crimes Affecting Family Relationships and Children

21-5609. Bigamy


(a) Bigamy is any of the following:


(1) Marriage within this state by any person who has another spouse living at the time of such marriage;


(2) marriage within this state by an unmarried person to a person known to such unmarried person to be the spouse of some other person; or


(3) cohabitation within this state after marriage in another state or country under circumstances described in subsection (a)(1) or (a)(2).


(b) Bigamy is a severity level 10, nonperson felony.


(c) It shall be a defense to a charge of bigamy that the accused reasonably believed the prior marriage had been dissolved by death, divorce or annulment.


CREDIT(S)


Laws 2010, ch. 136, § 86, eff. July 1, 2011.



Current through 2012 regular session.


Chapter 752. Crimes and Offenses

Tags:09 MI (3.2%)

M.C.L.A. 752.1061


Effective:[See Text Amendments]


Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Michigan Children's Protection Registry Act (Refs & Annos)

752.1061. Short title; legislative intent



Sec. 1. (1) This act shall be known and may be cited as the “Michigan children's protection registry act”.



(2) The intent of this act is to provide safeguards to prevent certain messages regarding tobacco, alcohol, pornography, gambling, illegal drugs, and other illegal products from reaching the minor children of this state.



CREDIT(S)


P.A.2004, No. 241, § 1, Imd. Eff. July 21, 2004. Amended by P.A.2005, No. 298, Imd. Eff. Dec. 21, 2005.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 752.1062


Effective:[See Text Amendments]


Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Michigan Children's Protection Registry Act (Refs & Annos)

752.1062. Definitions



Sec. 2. As used in this act:



(a) “Contact point” means any electronic identification to which messages can be sent, including any of the following:



(i) An instant message identity.



(ii) A wireless telephone, a personal digital assistant, a pager number, or any other similar wireless communication device.



(iii) A facsimile number.



(iv) An electronic mail address.



(v) Other electronic addresses subject to rules promulgated under this act by the department.



(b) “Department” means the department of labor and economic growth.



(c) “Internet domain name” means a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet authorities, comprising a series of character strings separated by periods, with the rightmost string specifying the top of the hierarchy.



(d) “Minor” means an individual under the age of 18 years.



(e) “Person” means an individual, corporation, association, partnership, or any other legal entity.



(f) “Registry” means the child protection registry created under section 3. [FN1]



CREDIT(S)


P.A.2004, No. 241, § 2, Imd. Eff. July 21, 2004.



[FN1] M.C.L.A. § 752.1063.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 752.1063


Effective:[See Text Amendments]


Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Michigan Children's Protection Registry Act (Refs & Annos)

752.1063. Establishment and operation of child protection registry; registration of contact points with department; duration of registration; verification of compliance with registry; access to mechanism for sending messages to contact points; fees



Sec. 3. (1) The department shall establish and operate, or contract with a qualified third party to establish and operate, the child protection registry. The department or a third party administrator shall establish procedures, to the extent possible, to prevent the use or disclosure of protected contact points as required under section 6. [FN1] If the department elects to contract with a third party, the department shall give due consideration to any person located in this state.



(2) A parent, guardian, individual, or an entity under subsection (4) who is responsible for a contact point to which a minor may have access may register that contact point with the department under rules promulgated by the department under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department shall establish procedures to ensure that a registrant meets the requirements of this subsection.



(3) A registration under this section shall be for not more than 3 years. If the contact point is established for a specific minor, the registration expires the year the minor turns 18 years of age. A registration can be revoked or renewed by the registrant upon notification to the department.



(4) Schools and other institutions or entities primarily serving minor children may register 1 or more contact points with the department. An entity under this subsection may make 1 registration for all contact points of the entity, and the registration may include the entity's internet domain name under rules promulgated by the department under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.



(5) No fee or charge shall be assessed or incurred by a person registering a contact point under this act.



(6) The department shall establish a mechanism for senders to verify compliance with the registry.



(7) A person desiring to send a message described in section 5 [FN2] shall pay the department a fee for access to the mechanism required under subsection (6). The fee required under this subsection shall be set by the department. The fee shall not exceed 3 cents and shall be based on the number of contact points checked against the registry for each time a contact point is checked. The mechanism to verify compliance under subsection (6) and the fee required under this subsection shall be established under rules promulgated by the department under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.



(8) The fees collected under this act shall be credited to the following:



(a) Eighty-five percent of the fees to the fund created under section 4. [FN3]



(b) Not less than 15% of the fees to the attorney general to cover the costs of investigating, enforcing, and defending this act and section 5a of 1979 PA 53, MCL 752.795a. The department may reimburse the attorney general from the fund created under section 4 for any costs incurred under this subdivision that exceed the fees credited under this subdivision.



(9) The registry shall be fully operational not later than July 1, 2005.



CREDIT(S)


P.A.2004, No. 241, § 3, Imd. Eff. July 21, 2004. Amended by P.A.2005, No. 206, Imd. Eff. Nov. 14, 2005.



[FN1] M.C.L.A. § 752.1066.



[FN2] M.C.L.A. § 752.1065.



[FN3] M.C.L.A. § 752.1064.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 752.1064


Effective:[See Text Amendments]


Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Michigan Children's Protection Registry Act (Refs & Annos)

752.1064. Children's protection registry fund



Sec. 4. (1) The children's protection registry fund is created as a separate fund in the state treasury and administered by the department. Money shall be deposited into the fund as required by section 3(8)(a). [FN1]



(2) The department shall expend money from the fund only for the purposes of administering this act and for the investigation, enforcement, and defense of this act and section 5a of 1979 PA 53, MCL 752.795a.



(3) All money, including interest and earnings, in the fund at the end of the fiscal year shall remain in the fund and not revert to the general fund.



CREDIT(S)


P.A.2004, No. 241, § 4, Imd. Eff. July 21, 2004.



[FN1] M.C.L.A. § 752.1063.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 752.1065


Effective:[See Text Amendments]


Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Michigan Children's Protection Registry Act (Refs & Annos)

752.1065. Sending, etc., messages to registered contact points; audits of security of registry



Sec. 5. (1) Except as otherwise provided under this section, a person shall not send, cause to be sent, or conspire with a third party to send a message to a contact point that has been registered for more than 30 calendar days with the department if the primary purpose of the message is to, directly or indirectly, advertise or otherwise link to a message that advertises a product or service that a minor is prohibited by law from purchasing, viewing, possessing, participating in, or otherwise receiving.



(2) A person desiring to send a message described in subsection (1) shall use the mechanism created under section 3(6) [FN1] to ensure compliance with this act.



(3) The consent of a minor or third party to receive the message is not a defense to a violation of this section.



(4) A person does not violate this act because the person is an intermediary between the sender and recipient in the transmission of an electronic message that violates this act or unknowingly provides transmission of electronic messages over the person's computer network or facilities that violate this act.



(5) The sending of a message described in subsection (1) is prohibited only if it is otherwise a crime for the minor to purchase, view, possess, participate in, or otherwise receive the product or service.



(6) The sending of a message described in subsection (1) is not prohibited if prior to sending the message the sender has obtained from an age-verified adult an affirmative statement of consent to receive the message at an adult designated contact point. To comply with this subsection, the sender shall do all of the following:



(a) Verify that the person making the affirmative statement is of legal age by inspecting in a face-to-face transaction a valid government-issued photo identification with proof of age.



(b) Obtain a written record stating that the recipient has consented to receive the type of messages described in subsection (1). The consent form required under this subdivision shall be signed by the recipient. The sender shall retain the consent form required under this subdivision and make it available for verification as may be required under subdivision (d).



(c) All messages allowed under this subsection shall include notice to the recipient that he or she may rescind their consent and provide an opportunity for the recipient to opt out of receiving any future messages.



(d) Notify the department that the sender intends to send messages as allowed under this subsection. The department may implement procedures to verify that the sender is in compliance with this subsection.



(7) Within 90 days of the effective date of the amendatory act that added this subsection, [FN2] the department, or the vendor providing registry services for the department, shall conduct a third-party audit to certify the security of the registry. Follow-up third-party security audits on the registry systems shall be conducted at least annually. If the third-party security audit determines that the registry does not meet or exceed the industry standard for high security systems, then the registry shall be suspended until the security systems are determined to meet this standard.



CREDIT(S)


P.A.2004, No. 241, § 5, Imd. Eff. July 21, 2004. Amended by P.A.2005, No. 298, Imd. Eff. Dec. 21, 2005.



[FN1] M.C.L.A. § 752.1063.



[FN2] P.A.2005, No. 298, Imd. Eff. Dec. 21, 2005.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 752.1066


Effective:[See Text Amendments]


Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Michigan Children's Protection Registry Act (Refs & Annos)

752.1066. Release or provision of access to contacts points or other information; sale or use of registry; accessing or attempting to access registry; application of freedom of information act



Sec. 6. (1) A person shall not release to another person information concerning persons or provide access to contact points or other information contained on the registry except as provided by this act.



(2) A person shall not sell or use the registry for any reason other than to meet the requirements of this act.



(3) A person shall not access or attempt to access the registry except as provided by this act.



(4) The registry created under this act is not subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.



CREDIT(S)


P.A.2004, No. 241, § 6, Imd. Eff. July 21, 2004.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 752.1067


Effective:[See Text Amendments]


Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Michigan Children's Protection Registry Act (Refs & Annos)

752.1067. Criminal penalties for violations of act



Sec. 7. A violation of this act is a computer crime and a violation of section 5a of 1979 PA 53, MCL 752.795a, subject to the penalties provided for under sections 6a and 6b of 1979 PA 53, MCL 752.796a and 752.796b.




CREDIT(S)


P.A.2004, No. 241, § 7, Imd. Eff. July 21, 2004.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 752.1068


Effective:[See Text Amendments]


Michigan Compiled Laws Annotated Currentness

Chapter 752. Crimes and Offenses (Refs & Annos)

Michigan Children's Protection Registry Act (Refs & Annos)

752.1068. Civil actions for violations of act



Sec. 8. (1) A civil action based on the computer crime established under this act may be brought by an authorized individual or the registrant of the contact point on behalf of a minor who has received a message in violation of this act.



(2) A civil action based on the computer crime established under this act may be brought by a person through whose facilities the message was transmitted in violation of this act.



(3) A civil action based on the computer crime established under this act may be brought by the attorney general against a person who has violated this act.



(4) In each action brought under this section, the prevailing party may be awarded reasonable attorney fees if the action is found by the court to be frivolous.



(5) A person bringing an action under this section may recover 1 of the following:



(a) Actual damages, including reasonable attorney fees.



(b) In lieu of actual damages, recover the lesser of the following:



(i) $5,000.00 per each message received by a recipient or transmitted.



(ii) $250,000.00 for each day that the violation occurs.



(6) If the attorney general has reason to believe that a person has violated this act, the attorney general may investigate the business transactions of that person. The attorney general may require that person to appear, at a reasonable time and place, to give information under oath and to produce such documents and evidence necessary to determine whether the person is in compliance with the requirements of this act.



(7) Any civil penalties collected by the attorney general under this section shall be credited to the attorney general for the costs of investigating, enforcing, and defending this act and section 5a of 1979 PA 53, MCL 752.795a.



(8) This section takes effect July 1, 2005.



CREDIT(S)


P.A.2004, No. 241, § 8, Eff. July 1, 2005.



The statutes are current through P.A.2013, No. 36, of the 2013 Regular Session, 97th Legislature.


ARTICLE 230.  OFFENSES AGAINST THE FAMILY.

Tags:Model Penal Code

ARTICLE 230.  OFFENSES AGAINST THE FAMILY.

Section 230.1.  Bigamy and Polygamy.


(1)  Bigamy.  A married person is guilty of bigamy, a misdemeanor, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage: 

(a)  the actor believes that the prior spouse is dead; or 

(b)  the actor and the prior spouse have been living apart for five consecutive years throughout which the prior spouse was not known by the actor to be alive; or 

(c)  a Court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid; or 

(d)  the actor reasonably believes that he is legally eligible to remarry. 

(2)  Polygamy.  A person is guilty of polygamy, a felony of the third degree, if he marries or cohabits with more than one spouse at a time in purported exercise of the right of plural marriage.  The offense is a continuing one until all cohabitation and claim of marriage with more than one spouse terminates.  This section does not apply to parties to a polygamous marriage, lawful in the country of which they are residents or nationals, while they are in transit through or temporarily visiting this State. 

(3)  Other Party to Bigamous or Polygamous Marriage.  A person is guilty of bigamy or polygamy, as the case may be, if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy or polygamy.

Section 230.2.  Incest.

A person is guilty of incest, a felony of the third degree, if he knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood [or an uncle, aunt, nephew or niece of the whole blood].  "Cohabit" means to live together under the representation or appearance of being married.  The relationships referred to herein include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.

Section 230.3.  Abortion.

(1)  Unjustified Abortion.  A person who purposely and unjustifiably terminates the pregnancy of another otherwise than by a live birth commits a felony of the third degree or, where the pregnancy has continued beyond the twenty‑sixth week, a felony of the second degree.           

(2)  Justifiable Abortion.  A licensed physician is justified in terminating a pregnancy if he believes there is substantial risk that continuance of the pregnancy would gravely impair the physical or mental health of the mother or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape,incest, or other felonious intercourse.  All illicit intercourse with a girl below the age of 16 shall be deemed felonious for purposes of this subsection.  Justifiable abortions shall be performed only in a licensed hospital except in case of emergency when hospital facilities are unavailable.  [Additional exceptions from the requirement of hospitalization may be incorporated here to take account of situations in sparsely settled areas where hospitals are not generally accessible.] 


(3)  Physicians' Certificates; Presumption from Non‑Compliance.  No abortion shall be performed unless two physicians, one of whom may be the person performing the abortion, shall have certified in writing the circumstances which they believe to justify the abortion.  Such certificate shall be submitted before the abortion to the hospital where it is to be performed and, in the case of abortion following felonious intercourse, to the prosecuting attorney or the police.  Failure to comply with any of the requirements of this Subsection gives rise to a presumption that the abortion was unjustified. 

(4)  Self‑Abortion.  A woman whose pregnancy has continued beyond the twenty‑sixth week commits a felony of the third degree if she purposely terminates her own pregnancy otherwise than by a live birth, or if she uses instruments, drugs or violence upon herself for that purpose.  Except as justified under Subsection (2), a person who induces or knowingly aids a woman to use instruments, drugs or violence upon herself for the purpose of terminating her pregnancy otherwise than by a live birth commits a felony of the third degree whether or not the pregnancy has continued beyond the twenty‑sixth week. 

(5)  Pretended Abortion.  A person commits a felony of the third degree if, representing that it is his purpose to perform an abortion, he does an act adapted to cause abortion in a pregnant woman although the woman is in fact not pregnant, or the actor does not believe she is.  A person charged with unjustified abortion under Subsection (1) or an attempt to commit that offense may be convicted thereof upon proof of conduct prohibited by this Subsection. 

(6)  Distribution of Abortifacients.  A person who sells, offers to sell, possesses with intent to sell, advertises, or displays for sale anything specially designed to terminate a pregnancy, or held out by the actor as useful for that purpose, commits a misdemeanor, unless: 

(a)  the sale, offer or display is to a physician or druggist or to an intermediary in a chain of distribution to physicians or druggists; or 

(b)  the sale is made upon prescription or order of a physician; or 

(c)  the possession is with intent to sell as authorized in paragraphs (a) and (b); or 

(d)  the advertising is addressed to persons named in paragraph (a) and confined to trade or professional channels not likely to reach the general public. 

(7)  Section Inapplicable to Prevention of Pregnancy.  Nothing in this Section shall be deemed applicable to the prescription, administration or distribution of drugs or other substances for avoiding pregnancy, whether by preventing implantation of a fertilized ovum or by any other method that operates before, at or immediately after fertilization.

Section 230.4.  Endangering Welfare of Children.

A parent, guardian, or other person supervising the welfare of a child under 18 commits a misdemeanor if he knowingly endangers the child's welfare by violating a duty of care, protection or support.

Section 230.5.  Persistent Non‑Support.

A person commits a misdemeanor if he persistently fails to provide support which he can provide and which he knows he is legally obliged to provide to a spouse, child or other dependent.


Chapter 28. Crimes and Punishments

Tags:37 NE (0.6%)


Neb.Rev.St. § 28-323

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-323. Domestic assault; penalties


(1) A person commits the offense of domestic assault in the third degree if he or she:


(a) Intentionally and knowingly causes bodily injury to his or her intimate partner;


(b) Threatens an intimate partner with imminent bodily injury; or


(c) Threatens an intimate partner in a menacing manner.


(2) A person commits the offense of domestic assault in the second degree if he or she intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument.


(3) A person commits the offense of domestic assault in the first degree if he or she intentionally and knowingly causes serious bodily injury to his or her intimate partner.


(4) Violation of subdivision (1)(a) or (b) of this section is a Class I misdemeanor, except that for any subsequent violation of subdivision (1)(a) or (b) of this section, any person so offending is guilty of a Class IV felony.


(5) Violation of subdivision (1)(c) of this section is a Class I misdemeanor.


(6) Violation of subsection (2) of this section is a Class IIIA felony, except that for any second or subsequent violation of such subsection, any person so offending is guilty of a Class III felony.


(7) Violation of subsection (3) of this section is a Class III felony, except that for any second or subsequent violation under such subsection, any person so offending is guilty of a Class II felony.


(8) For purposes of this section, intimate partner means a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a dating relationship. For purposes of this subsection, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context.


CREDIT(S)


Laws 2004, LB 613, § 5; Laws 2010, LB 507, § 2, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)


Chapter 28. Crimes and Punishments

Tags:37 NE (0.6%)

Neb.Rev.St. § 28-372

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-372. Report of abuse; required; contents; notification; toll-free number established


(1) When any physician, psychologist, physician assistant, nurse, nursing assistant, other medical, developmental disability, or mental health professional, law enforcement personnel, caregiver or employee of a caregiver, operator or employee of a sheltered workshop, owner, operator, or employee of any facility licensed by the department, or human services professional or paraprofessional not including a member of the clergy has reasonable cause to believe that a vulnerable adult has been subjected to abuse, neglect, or exploitation or observes such adult being subjected to conditions or circumstances which reasonably would result in abuse, neglect, or exploitation, he or she shall report the incident or cause a report to be made to the appropriate law enforcement agency or to the department. Any other person may report abuse, neglect, or exploitation if such person has reasonable cause to believe that a vulnerable adult has been subjected to abuse, neglect, or exploitation or observes such adult being subjected to conditions or circumstances which reasonably would result in abuse, neglect, or exploitation.


(2) Such report may be made by telephone, with the caller giving his or her name and address, and, if requested by the department, shall be followed by a written report within forty-eight hours. To the extent available the report shall contain: (a) The name, address, and age of the vulnerable adult; (b) the address of the caregiver or caregivers of the vulnerable adult; (c) the nature and extent of the alleged abuse, neglect, or exploitation or the conditions and circumstances which would reasonably be expected to result in such abuse, neglect, or exploitation; (d) any evidence of previous abuse, neglect, or exploitation, including the nature and extent of the abuse, neglect, or exploitation; and (e) any other information which in the opinion of the person making the report may be helpful in establishing the cause of the alleged abuse, neglect, or exploitation and the identity of the perpetrator or perpetrators.


(3) Any law enforcement agency receiving a report of abuse, neglect, or exploitation shall notify the department no later than the next working day by telephone or mail.


(4) A report of abuse, neglect, or exploitation made to the department which was not previously made to or by a law enforcement agency shall be communicated to the appropriate law enforcement agency by the department no later than the next working day by telephone or mail.


(5) The department shall establish a statewide toll-free number to be used by any person any hour of the day or night and any day of the week to make reports of abuse, neglect, or exploitation.


CREDIT(S)


Laws 1988, LB 463, § 25; Laws 1996, LB 1044, § 66; Laws 2006, LB 994, § 52; Laws 2007, LB 296, § 32; Laws 2012, LB 1051, § 10, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)



Chapter 28. Crimes and Punishments

Tags:37 NE (0.6%)

Neb.Rev.St. § 28-325

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-325. Abortion; declaration of purpose


The Legislature hereby finds and declares:


(1) That the following provisions were motivated by the legislative intrusion of the United States Supreme Court by virtue of its decision removing the protection afforded the unborn. Sections 28-325 to 28-345 are in no way to be construed as legislatively encouraging abortions at any stage of unborn human development, but are rather an expression of the will of the people of the State of Nebraska and the members of the Legislature to provide protection for the life of the unborn child whenever possible;


(2) That the members of the Legislature expressly deplore the destruction of the unborn human lives which has and will occur in Nebraska as a consequence of the United States Supreme Court's decision on abortion of January 22, 1973;


(3) That it is in the interest of the people of the State of Nebraska that every precaution be taken to insure the protection of every viable unborn child being aborted, and every precaution be taken to provide life-supportive procedures to insure the unborn child its continued life after its abortion;


(4) That currently this state is prevented from providing adequate legal remedies to protect the life, health, and welfare of pregnant women and unborn human life;


(5) That it is in the interest of the people of the State of Nebraska to maintain accurate statistical data to aid in providing proper maternal health regulations and education;


(6) That the existing standard of care for preabortion screening and counseling is not always adequate to protect the health needs of women;


(7) That clarifying the minimum standard of care for preabortion screening and counseling in statute is a practical means of protecting the well-being of women and may better ensure that abortion doctors are sufficiently aware of each patient's risk profile so they may give each patient a well-informed medical opinion regarding her unique case; and


(8) That providing right to redress against nonphysicians who perform illegal abortions or encourage self-abortions is an important means of protecting women's health.


CREDIT(S)


Laws 1977, LB 38, § 40; Laws 1997, LB 23, § 1; Laws 2010, LB 594, § 2, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-326

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-326. Terms, defined


For purposes of sections 28-325 to 28-345, unless the context otherwise requires:


(1) Abortion means the use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child, and which causes the premature termination of the pregnancy;


(2) Complications associated with abortion means any adverse physical, psychological, or emotional reaction that is reported in a peer-reviewed journal to be statistically associated with abortion such that there is less than a five percent probability (P < .05) that the result is due to chance;


(3) Conception means the fecundation of the ovum by the spermatozoa;


(4) Emergency situation means that condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial impairment of a major bodily function;


(5) Hospital means those institutions licensed by the Department of Health and Human Services pursuant to the Health Care Facility Licensure Act;


(6) Negligible risk means a risk that a reasonable person would consider to be immaterial to a decision to undergo an elective medical procedure;


(7) Partial-birth abortion means an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery. For purposes of this subdivision, the term partially delivers vaginally a living unborn child before killing the unborn child means deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that the person performing such procedure knows will kill the unborn child and does kill the unborn child;


(8) Physician means any person licensed to practice medicine in this state as provided in the Uniform Credentialing Act;


(9) Pregnant means that condition of a woman who has unborn human life within her as the result of conception;


(10) Probable gestational age of the unborn child means what will with reasonable probability, in the judgment of the physician, be the gestational age of the unborn child at the time the abortion is planned to be performed;


(11) Risk factor associated with abortion means any factor, including any physical, psychological, emotional, demographic, or situational factor, for which there is a statistical association with one or more complications associated with abortion such that there is less than a five percent probability (P < .05) that such statistical association is due to chance. Such information on risk factors shall have been published in any peer-reviewed journals indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any journal included in the Thomson Reuters Scientific Master Journal List not less than twelve months prior to the day preabortion screening was provided;


(12) Self-induced abortion means any abortion or menstrual extraction attempted or completed by a pregnant woman on her own body;


(13) Ultrasound means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor an unborn child;


(14) Viability means that stage of human development when the unborn child is potentially able to live more than merely momentarily outside the womb of the mother by natural or artificial means; and


(15) Woman means any female human being whether or not she has reached the age of majority.


CREDIT(S)


Laws 1977. LB 38, § 41; Laws 1979, LB 316, § 1; Laws 1984, LB 695, § 1; Laws 1986, LB 663, § 1; Laws 1993, LB 110, § 1; Laws 1996, LB 1044, § 59; Laws 1997, LB 23, § 2; Laws 2000, LB 819, § 64; Laws 2007, LB 296, § 27; Laws 2009, LB 675, § 1, eff. Aug. 30, 2009; Laws 2010, LB 594, § 3, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327. Abortion; voluntary and informed consent required; exception


No abortion shall be performed except with the voluntary and informed consent of the woman upon whom the abortion is to be performed. Except in the case of an emergency situation, consent to an abortion is voluntary and informed only if:


(1) The woman is told the following by the physician who is to perform the abortion, by the referring physician, or by a physician assistant or registered nurse licensed under the Uniform Credentialing Act who is an agent of either physician, at least twenty-four hours before the abortion:


(a) The particular medical risks associated with the particular abortion procedure to be employed including, when medically accurate, the risks of infection, hemorrhage, perforated uterus, danger to subsequent pregnancies, and infertility;


(b) The probable gestational age of the unborn child at the time the abortion is to be performed;


(c) The medical risks associated with carrying her child to term; and


(d) That she cannot be forced or required by anyone to have an abortion and is free to withhold or withdraw her consent for an abortion.


The person providing the information specified in this subdivision to the person upon whom the abortion is to be performed shall be deemed qualified to so advise and provide such information only if, at a minimum, he or she has had training in each of the following subjects: Sexual and reproductive health; abortion technology; contraceptive technology; short-term counseling skills; community resources and referral; and informed consent. The physician or the physician's agent may provide this information by telephone without conducting a physical examination or tests of the patient, in which case the information required to be supplied may be based on facts supplied by the patient and whatever other relevant information is reasonably available to the physician or the physician's agent;


(2) The woman is informed by telephone or in person, by the physician who is to perform the abortion, by the referring physician, or by an agent of either physician, at least twenty-four hours before the abortion:


(a) The name of the physician who will perform the abortion;


(b) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;


(c) That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion;


(d) That she has the right to review the printed materials described in section 28-327.01. The physician or his or her agent shall orally inform the woman that the materials have been provided by the Department of Health and Human Services and that they describe the unborn child and list agencies which offer alternatives to abortion. If the woman chooses to review the materials, they shall either be given to her at least twenty-four hours before the abortion or mailed to her at least seventy-two hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee. The physician and his or her agent may disassociate themselves from the materials and may comment or refrain from commenting on them as they choose; and


(e) That she has the right to request a comprehensive list, compiled by the Department of Health and Human Services, of health care providers, facilities, and clinics that offer to have ultrasounds performed by a person at least as qualified as a registered nurse licensed under the Uniform Credentialing Act, including and specifying those that offer to perform such ultrasounds free of charge. The list shall be arranged geographically and shall include the name, address, hours of operation, and telephone number of each entity. If requested by the woman, the physician who is to perform the abortion, the referring physician, or his or her agent shall provide such a list as compiled by the department;


(3) If an ultrasound is used prior to the performance of an abortion, the physician who is to perform the abortion, the referring physician, or a physician assistant or registered nurse licensed under the Uniform Credentialing Act who is an agent of either physician, or any qualified agent of either physician, shall:


(a) Perform an ultrasound of the woman's unborn child of a quality consistent with standard medical practice in the community at least one hour prior to the performance of the abortion;


(b) Simultaneously display the ultrasound images so that the woman may choose to view the ultrasound images or not view the ultrasound images. The woman shall be informed that the ultrasound images will be displayed so that she is able to view them. Nothing in this subdivision shall be construed to require the woman to view the displayed ultrasound images; and


(c) If the woman requests information about the displayed ultrasound image, her questions shall be answered. If she requests a detailed, simultaneous, medical description of the ultrasound image, one shall be provided that includes the dimensions of the unborn child, the presence of cardiac activity, if present and viewable, and the presence of external members and internal organs, if present and viewable;


(4) At least one hour prior to the performance of an abortion, a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker licensed under the Uniform Credentialing Act has:


(a) Evaluated the pregnant woman to identify if the pregnant woman had the perception of feeling pressured or coerced into seeking or consenting to an abortion;


(b) Evaluated the pregnant woman to identify the presence of any risk factors associated with abortion;


(c) Informed the pregnant woman and the physician who is to perform the abortion of the results of the evaluation in writing. The written evaluation shall include, at a minimum, a checklist identifying both the positive and negative results of the evaluation for each risk factor associated with abortion and both the licensed person's written certification and the woman's written certification that the pregnant woman was informed of the risk factors associated with abortion as discussed; and


(d) Retained a copy of the written evaluation results in the pregnant woman's permanent record;


(5) If any risk factors associated with abortion were identified, the pregnant woman was informed of the following in such manner and detail that a reasonable person would consider material to a decision of undergoing an elective medical procedure:


(a) Each complication associated with each identified risk factor; and


(b) Any quantifiable risk rates whenever such relevant data exists;


(6) The physician performing the abortion has formed a reasonable medical judgment, documented in the permanent record, that:


(a) The preponderance of statistically validated medical studies demonstrates that the physical, psychological, and familial risks associated with abortion for patients with risk factors similar to the patient's risk factors are negligible risks;


(b) Continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant woman greater than if the pregnancy were terminated by induced abortion; or


(c) Continuance of the pregnancy would involve less risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated by an induced abortion;


(7) The woman certifies in writing, prior to the abortion, that:


(a) The information described in subdivisions (1) and (2)(a), (b), and (c) of this section has been furnished her;


(b) She has been informed of her right to review the information referred to in subdivision (2)(d) of this section; and


(c) The requirements of subdivision (3) of this section have been performed if an ultrasound is performed prior to the performance of the abortion; and


(8) Prior to the performance of the abortion, the physician who is to perform the abortion or his or her agent receives a copy of the written certification prescribed by subdivision (7) of this section. The physician or his or her agent shall retain a copy of the signed certification form in the woman's medical record.


CREDIT(S)


Laws 1977, LB 38, § 42; Laws 1979, LB 316, § 2; Laws 1984, LB 695, § 2; Laws 1993, LB 110, § 2; Laws 1996, LB 1044, § 60; Laws 2009, LB 675, § 2, eff. Aug. 30, 2009; Laws 2010, LB 594, § 4, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.01

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.01. Department of Health and Human Services; printed materials; duties; availability; Internet web site information


(1) The Department of Health and Human Services shall cause to be published the following easily comprehensible printed materials:


(a) Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies and agencies and services for prevention of unintended pregnancies, which materials shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers and addresses in which such agencies may be contacted or printed materials including a toll-free, twenty-four-hour-a-day telephone number which may be called to orally obtain such a list and description of agencies in the locality of the caller and of the services they offer;


(b) Materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a woman can be known to be pregnant to full term, including pictures or drawings representing the development of unborn children at the two-week gestational increments, and any relevant information on the possibility of the unborn child's survival. Any such pictures or drawings shall contain the dimensions of the unborn child and shall be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The materials shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion, the medical risks commonly associated with abortion, and the medical risks commonly associated with carrying a child to term; and


(c) A comprehensive list of health care providers, facilities, and clinics that offer to have ultrasounds performed by a person at least as qualified as a registered nurse licensed under the Uniform Credentialing Act, including and specifying those that offer to perform such ultrasounds free of charge. The list shall be arranged geographically and shall include the name, address, hours of operation, and telephone number of each entity.


(2) The printed materials shall be printed in a typeface large enough to be clearly legible.


(3) The printed materials required under this section shall be available from the department upon the request by any person, facility, or hospital for an amount equal to the cost incurred by the department to publish the materials.


(4) The Department of Health and Human Services shall make available on its Internet web site a printable publication of geographically indexed materials designed to inform the woman of public and private agencies with services available to assist a woman with mental health concerns, following a risk factor evaluation. Such services shall include, but not be limited to, outpatient and crisis intervention services and crisis hotlines. The materials shall include a comprehensive list of the agencies available, a description of the services offered, and a description of the manner in which such agencies may be contacted, including addresses and telephone numbers of such agencies, as well as a toll-free, twenty-four-hour-a-day telephone number to be provided by the department which may be called to orally obtain the names of the agencies and the services they provide in the locality of the woman. The department shall update the publication as necessary.


CREDIT(S)


Laws 1993, LB 110, § 3; Laws 1996, LB 1044, § 61; Laws 2009, LB 675, § 3, eff. Aug. 30, 2009; Laws 2010, LB 594, § 12, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.02

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.02. Abortion; emergency situation; physician; duties


When an emergency situation compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting his or her judgment that an abortion is necessary to avert her death or to avert substantial impairment of a major bodily function.


CREDIT(S)


Laws 1993, LB 110, § 4.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.03

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.03. Civil liability; limitation


No civil liability for failure to comply with subdivision (2)(d) of section 28-327 or that portion of subdivision (7) of such section requiring a written certification that the woman has been informed of her right to review the information referred to in subdivision (2)(d) of such section may be imposed unless the Department of Health and Human Services has published and made available the printed materials at the time the physician or his or her agent is required to inform the woman of her right to review them.


CREDIT(S)


Laws 1993, LB 110, § 5; Laws 1996, LB 1044, § 62; Laws 2009, LB 675, § 4, eff. Aug. 30, 2009; Laws 2010, LB 594, § 13, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.04

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.04. Civil cause of action; authorized; evidence of professional negligence; attorney's fee


Any person upon whom an abortion has been performed or attempted in violation of section 28-327 or the parent or guardian of a minor upon whom an abortion has been performed or attempted in violation of such section shall have a right to maintain a civil cause of action against the person who performed the abortion or attempted to perform the abortion. A violation of subdivision (1), (2), (3), (7), or (8) of section 28-327 shall be prima facie evidence of professional negligence. The written certifications prescribed by subdivisions (4) and (7) of section 28-327 signed by the person upon whom an abortion has been performed or attempted shall constitute and create a rebuttable presumption of full compliance with all provisions of section 28-327 in favor of the physician who performed or attempted to perform the abortion, the referring physician, or the agent of either physician. The written certification shall be admissible as evidence in the cause of action for professional negligence or in any criminal action. If judgment is rendered in favor of the plaintiff in any such action, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.


CREDIT(S)


Laws 1993, LB 110, § 6; Laws 2009, LB 675, § 5, eff. Aug. 30, 2009; Laws 2010, LB 594, § 14, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.05

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.05. Civil action; anonymity of woman; procedures


In every civil action brought pursuant to section 28-327.04, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion by a party or on its own motion, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone given standing under section 28-327.04 who brings a civil action under such section shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.


CREDIT(S)


Laws 1993, LB 110, § 7.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.06

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.06. Waiver of evaluations and notices; void and unenforceable


Any waiver of the evaluations and notices provided for in subdivision (4) of section 28-327 is void and unenforceable.


CREDIT(S)


Laws 2010, LB 594, § 5, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.07

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.07. Damages


In addition to whatever remedies are available under the common or statutory laws of this state, the intentional, knowing, or negligent failure to comply with the requirements of section 28-327 shall provide a basis for the following damages:


(1) The award of reasonable costs and attorney's fees; and


(2) A recovery for the pregnant woman for the wrongful death of her unborn child under section 30-809 upon proving by a preponderance of evidence that the physician knew or should have known that the pregnant woman's consent was either not fully informed or not fully voluntary pursuant to section 28-327.


CREDIT(S)


Laws 2010, LB 594, § 6, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.08

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.08. Action for civil remedies


Any action for civil remedies based on a failure to comply with the requirements of section 28-327 shall be commenced in accordance with section 25-222 or 44-2828.


CREDIT(S)


Laws 2010, LB 594, § 7, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.09

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.09. Minor; burden of proof


If a physician performed an abortion on a pregnant woman who is a minor without providing the information required in section 28-327 to the pregnant woman's parent or legal guardian, then the physician bears the burden of proving that the pregnant woman was capable of independently evaluating the information given to her.


CREDIT(S)


Laws 2010, LB 594, § 8, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.10

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.10. Time requirement


Except in the case of an emergency situation, if a pregnant woman is provided with the information required by section 28-327 less than twenty-four hours before her scheduled abortion, the physician shall bear the burden of proving that the pregnant woman had sufficient reflection time, given her age, maturity, emotional state, and mental capacity, to comprehend and consider such information.


CREDIT(S)


Laws 2010, LB 594, § 9, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.11

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.11. Civil action; rebuttable presumption; noneconomic damages; expert witness; physician deemed transacting business; affirmative defense; additional remedies


In a civil action involving section 28-327, the following shall apply:


(1) In determining the liability of the physician and the validity of the consent of a pregnant woman, the failure to comply with the requirements of section 28-327 shall create a rebuttable presumption that the pregnant woman would not have undergone the recommended abortion had section 28-327 been complied with by the physician;


(2) The absence of physical injury shall not preclude an award of noneconomic damages including pain, suffering, inconvenience, mental suffering, emotional distress, psychological trauma, loss of society or companionship, loss of consortium, injury to reputation, or humiliation associated with the abortion;


(3) The fact that a physician does not perform elective abortions or has not performed elective abortions in the past shall not automatically disqualify such physician from being an expert witness. A licensed obstetrician or family practitioner who regularly assists pregnant women in resolving medical matters related to pregnancy may be qualified to testify as an expert on the screening, counseling, management, and treatment of pregnancies;


(4) Any physician advertising services in this state shall be deemed to be transacting business in this state pursuant to section 25-536 and shall be subject to the provisions of section 28-327;


(5) It shall be an affirmative defense to an allegation of inadequate disclosure under the requirements of section 28-327 that the defendant omitted the contested information because statistically validated surveys of the general population of women of reproductive age, conducted within the three years before or after the contested abortion, demonstrate that less than five percent of women would consider the contested information to be relevant to an abortion decision; and


(6) In addition to the other remedies available under the common or statutory law of this state, a woman or her survivors shall have a cause of action for reckless endangerment against any person, other than a physician or pharmacist licensed under the Uniform Credentialing Act, who attempts or completes an abortion on the pregnant woman or aids or abets the commission of a self-induced abortion. Proof of injury shall not be required to recover an award, including reasonable costs and attorney's fees, for wrongful death under this subdivision.


CREDIT(S)


Laws 2010, LB 594, § 10, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-327.12

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-327.12. Statute of limitations; tolled; section, how construed; violations; how treated


(1) In the event that any portion of section 28-327 is enjoined and subsequently upheld, the statute of limitations for filing a civil suit under section 28-327 shall be tolled during the period for which the injunction is pending and for two years thereafter.


(2) Nothing in section 28-327 shall be construed as defining a standard of care for any medical procedure other than an induced abortion.


(3) A violation of subdivision (4), (5), or (6) of section 28-327 shall not provide grounds for any criminal action or disciplinary action against or revocation of a license to practice medicine and surgery pursuant to the Uniform Credentialing Act.


CREDIT(S)


Laws 2010, LB 594, § 11, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-328

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-328. Partial-birth abortion; prohibition; violation; penalties


(1) No partial-birth abortion shall be performed in this state, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.


(2) The intentional and knowing performance of an unlawful partial-birth abortion in violation of subsection (1) of this section is a Class III felony.


(3) No woman upon whom an unlawful partial-birth abortion is performed shall be prosecuted under this section or for conspiracy to violate this section.


(4) The intentional and knowing performance of an unlawful partial-birth abortion shall result in the automatic suspension and revocation of an attending physician's license to practice medicine in Nebraska by the Division of Public Health pursuant to sections 38-177 to 38-1, 102.


(5) Upon the filing of criminal charges under this section by the Attorney General or a county attorney, the Attorney General shall also file a petition to suspend and revoke the attending physician's license to practice medicine pursuant to section 38-186. A hearing on such administrative petition shall be set in accordance with section 38-188. At such hearing, the attending physician shall have the opportunity to present evidence that the physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. A defendant against whom criminal charges are brought under this section may bring a motion to delay the beginning of the trial until after the entry of an order by the Director of Public Health pursuant to section 38-196. The findings of the director as to whether the attending physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, shall be admissible in the criminal proceedings brought pursuant to this section.


CREDIT(S)


Laws 1997, LB 23, § 3; Laws 2007, LB 296, § 28; Laws 2007, LB 463, § 1118.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-329

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-329. Abortion; when not to be performed


No abortion shall be performed after the time at which, in the sound medical judgment of the attending physician, the unborn child clearly appears to have reached viability, except when necessary to preserve the life or health of the mother.


CREDIT(S)


Laws 1977, LB 38, § 44; Laws 1979, LB 316, § 3; Laws 1984, LB 695, § 4.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-330

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-330. Abortion procedure; protection of viable, unborn child


In any abortion performed pursuant to section 28-329, all reasonable precautions, in accord with the sound medical judgment of the attending physician and compatible with preserving the life or health of the mother, shall be taken to insure the protection of the viable, unborn child.


CREDIT(S)


Laws 1977, LB 38, § 45; Laws 1979, LB 316, § 4; Laws 1984, LB 695, § 5.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-331

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-331. Care and treatment of child aborted


When as the result of an abortion a child is, in the sound medical judgment of the attending physician, born alive, then all reasonable steps, in accordance with the sound medical judgment of the attending physician, shall be employed to preserve the life of the child. For purposes of this section, born alive shall mean the complete expulsion or extraction of the child from the mother irrespective of the duration of the pregnancy and after such expulsion or extraction such child breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles whether or not the umbilical cord has been cut or the placenta is attached.


CREDIT(S)


Laws 1977, LB 38, § 46; Laws 1979, LB 316, § 5; Laws 1984, LB 695, § 6.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-332

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-332. Violation; penalty


The intentional and knowing violation of section 28-329, 28-330, or 28-331 is a Class IV felony.


CREDIT(S)


Laws 1977, LB 38, § 47; Laws 1984, LB 695, § 7.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-333

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-333, 28-334. Repealed by Laws 1984, LB 695, § 9


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-334

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-333, 28-334. Repealed by Laws 1984, LB 695, § 9


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-335

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-335. Abortion by other than licensed physician; penalty; physical presence; violation; penalty


(1) The performing of an abortion by any person other than a licensed physician is a Class IV felony.


(2) No abortion shall be performed, induced, or attempted unless the physician who uses or prescribes any instrument, device, medicine, drug, or other substance to perform, induce, or attempt the abortion is physically present in the same room with the patient when the physician performs, induces, or attempts to perform or induce the abortion. Any person who knowingly or recklessly violates this subsection shall be guilty of a Class IV felony. No civil or criminal penalty shall be assessed against the patient upon whom the abortion is performed, induced, or attempted to be performed or induced.


CREDIT(S)


Laws 1977, LB 38, § 50; Laws 2011, LB 521, § 1, eff. Aug. 27, 2011.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-336

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-336. Abortion by other than accepted medical procedures; penalty


The performing of an abortion by using anything other than accepted medical procedures is a Class IV felony.


CREDIT(S)


Laws 1977, LB 38, § 51.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-337

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-337. Hospital, clinic, institution; not required to admit patient for abortion


No hospital, clinic, institution, or other facility in this state shall be required to admit any patient for the purpose of performing an abortion nor required to allow the performance of an abortion therein, but the hospital, clinic, institution, or other facility shall inform the patient of its policy not to participate in abortion procedures. No cause of action shall arise against any hospital, clinic, institution, or other facility for refusing to perform or allow an abortion.


CREDIT(S)


Laws 1977, LB 38, § 52.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-338

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-338. No person required to perform an abortion; no liability for refusal


No person shall be required to perform or participate in any abortion, and the refusal of any person to participate in an abortion shall not be a basis for civil liability to any person. No hospital, governing board, or any other person, firm, association, or group shall terminate the employment or alter the position of, prevent or impair the practice or occupation of, or impose any other sanction or otherwise discriminate against any person who refuses to participate in an abortion.


CREDIT(S)


Laws 1977, LB 38, § 53.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-339

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-339. Discrimination against person refusing to participate in an abortion; violation; penalty


Any violation of section 28-338 is a Class II misdemeanor.


CREDIT(S)


Laws 1977, LB 38, § 54.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-340

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-340. Discrimination against person refusing to participate in an abortion; damages


Any person whose employment or position has been in any way altered, impaired, or terminated in violation of sections 28-325 to 28-345 may sue in the district court for all consequential damages, lost wages, reasonable attorney's fees incurred, and the cost of litigation.


CREDIT(S)


Laws 1977, LB 38, § 55; Laws 1997, LB 23, § 4; Laws 2010, LB 594, § 15, eff. July 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-341

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-341. Discrimination against person refusing to participate in an abortion; injunctive relief


Any person whose employment or position has in any way been altered, impaired, or terminated because of his refusal to participate in an abortion shall have the right to injunctive relief, including temporary relief, pending trial upon showing of an emergency, in the district court, in accordance with the statutes, rules, and practices applicable in other similar cases.


CREDIT(S)


Laws 1977, LB 38, § 56.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-342

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-342. Aborted child; sell, transfer, distribute, give away; violation; penalty


The knowing, willful, or intentional sale, transfer, distribution, or giving away of any live or viable aborted child for any form of experimentation is a Class III felony. The knowing, willful, or intentional consenting to, aiding, or abetting of any such sale, transfer, distribution, or other unlawful disposition of an aborted child is a Class III felony. This section shall not prohibit or regulate diagnostic or remedial procedures the purpose of which is to preserve the life or health of the aborted child or the mother.


CREDIT(S)


Laws 1977, LB 38, § 57; Laws 1979, LB 316, § 8.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-343

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-343. Department of Health and Human Services; abortion reporting form; items included; confidential


The Department of Health and Human Services shall prescribe an abortion reporting form which shall be used for the reporting of every abortion performed in this state. Such form shall include the following items:


(1) The age of the pregnant woman;


(2) The location of the facility where the abortion was performed;


(3) The type of procedure performed;


(4) Complications, if any;


(5) The name of the attending physician;


(6) The pregnant woman's obstetrical history regarding previous pregnancies, abortions, and live births;


(7) The stated reason or reasons for which the abortion was requested;


(8) The state of the pregnant woman's legal residence;


(9) The length and weight of the aborted child, when measurable;


(10) Whether an emergency situation caused the physician to waive any of the requirements of section 28-327; and


(11) Such other information as may be prescribed in accordance with section 71-602.


The completed form shall be signed by the attending physician and sent to the department within fifteen days after each reporting month. The completed form shall be an original, typed or written legibly in durable ink, and shall not be deemed complete unless the omission of any item of information required shall have been disclosed or satisfactorily accounted for. Carbon copies shall not be acceptable. The abortion reporting form shall not include the name of the person upon whom the abortion was performed. The abortion reporting form shall be confidential and shall not be revealed except upon the order of a court of competent jurisdiction in a civil or criminal proceeding.


CREDIT(S)


Laws 1977, LB 38, § 58; Laws 1979, LB 316, § 9; Laws 1984, LB 695, § 8; Laws 1989, LB 344, § 2; Laws 1996, LB 1044, § 63; Laws 1997, LB 307, § 2; Laws 2007, LB 296, § 29.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-344

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-344. Reporting form; violation; penalty


Violation of section 28-343 is a Class II misdemeanor.


CREDIT(S)


Laws 1977, LB 38, § 59.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-345

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-345. Department of Health and Human Services; permanent file; rules and regulations


The Department of Health and Human Services shall prepare and keep on permanent file compilations of the information submitted on the abortion reporting forms pursuant to such rules and regulations as established by the department, which compilations shall be a matter of public record. Under no circumstances shall the compilations of information include the name of any attending physician or identify in any respect facilities where abortions are performed. The department, in order to maintain and keep such compilations current, shall file with such reports any new or amended information.


CREDIT(S)


Laws 1977, LB 38, § 60; Laws 1979, LB 316, § 10; Laws 1996, LB 1044, § 64; Laws 2007, LB 296, § 30.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-346

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-346. Aborted infant; experimentation; prohibited; exception; penalty


No person shall knowingly, intentionally, or willfully use any premature infant aborted alive for any type of scientific, research, laboratory, or other kind of experimentation except as necessary to protect or preserve the life or health of such premature infant aborted alive. Violation of this section is a Class IV felony.


CREDIT(S)


Laws 1979, LB 316, § 11.


 

Current through the 102nd Legislature Second Regular Session (2012)


Chapter 28. Crimes and Punishments  Article 7. Offenses Involving the Family Relation

Tags:37 NE (0.6%)

Neb.Rev.St. § 28-701

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-701. Bigamy; penalty; exception


(1) If any married person, having a husband or wife living, shall marry any other person, he shall be deemed guilty of bigamy, unless as an affirmative defense it appears that at the time of the subsequent marriage:


(a) The accused reasonably believes that the prior spouse is dead; or


(b) The prior spouse had been continually absent for a period of five years during which the accused did not know the prior spouse to be alive; or


(c) The accused reasonably believed that he was legally eligible to remarry.


(2) Any unmarried person who knowingly marries a person who is married commits bigamy.


(3) Bigamy is a Class I misdemeanor.


CREDIT(S)


Laws 1977, LB 38, § 140.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-702

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-702. Incestuous marriages; declared void


Incestuous marriages are marriages between parents and children, grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, aunts and nephews. Incestuous marriages are declared to be absolutely void. This section shall extend to children and relations born out of wedlock.


CREDIT(S)


Laws 1977, LB 38, § 141.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-703

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-703. Incest; penalty


(1) Any person who shall knowingly intermarry or engage in sexual penetration with any person who falls within the degrees of consanguinity set forth in section 28-702 or any person who engages in sexual penetration with his or her minor stepchild commits incest.


(2) Incest is a Class III felony.


(3)(a) For purposes of this section, the definitions found in section 28-318 shall be used.


(b) The testimony of a victim shall be entitled to the same weight as the testimony of victims of other crimes under this code.


CREDIT(S)


Laws 1977, LB 38, § 142; Laws 1978, LB 748, § 9; Laws 1985, LB 89, § 1.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-704

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-704. Repealed by Laws 1995, LB 22, § 1


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-705

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-705. Abandonment of spouse, child, or dependent stepchild; prohibited acts; penalty


(1) Any person who abandons and neglects or refuses to maintain or provide for his or her spouse or his or her child or dependent stepchild, whether such child is born in or out of wedlock, commits abandonment of spouse, child, or dependent stepchild.


(2) For the purposes of this section, child shall mean an individual under the age of sixteen years.


(3) When any person abandons and neglects to provide for his or her spouse or his or her child or dependent stepchild for three consecutive months or more, it shall be prima facie evidence of intent to violate the provisions of subsection (1) of this section.


(4) A designation of assets for or use of income by an individual in accordance with section 68-922 shall be considered just cause for failure to use such assets or income to provide medical support of such individual's spouse.


(5) Abandonment of spouse, child, or dependent stepchild is a Class I misdemeanor.


CREDIT(S)


Laws 1977, LB 38, § 144; Laws 1978, LB 748, § 11; Laws 1988, LB 419, § 10; Laws 1989, LB 362, § 1; Laws 2006, LB 1248, § 51.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-706

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-706. Criminal nonsupport; penalty; exceptions


(1) Any person who intentionally fails, refuses, or neglects to provide proper support which he or she knows or reasonably should know he or she is legally obliged to provide to a spouse, minor child, minor stepchild, or other dependent commits criminal nonsupport.


(2) A parent or guardian who refuses to pay hospital costs, medical costs, or any other costs arising out of or in connection with an abortion procedure performed on a minor child or minor stepchild does not commit criminal nonsupport if:


(a) Such parent or guardian was not consulted prior to the abortion procedure; or


(b) After consultation, such parent or guardian refused to grant consent for such procedure, and the abortion procedure was not necessary to preserve the minor child or stepchild from an imminent peril that substantially endangered her life or health.


(3) Support includes, but is not limited to, food, clothing, medical care, and shelter.


(4) A designation of assets for or use of income by an individual in accordance with section 68-922 shall be considered just cause for failure to use such assets or income to provide medical support of such individual's spouse.


(5) This section does not exclude any applicable civil remedy.


(6) Except as provided in subsection (7) of this section, criminal nonsupport is a Class II misdemeanor.


(7) Criminal nonsupport is a Class IV felony if it is in violation of any order of any court.


CREDIT(S)


Laws 1977, LB 38, § 145; Laws 1978, LB 920, § 3; Laws 1988, LB 419, § 11; Laws 1989, LB 362, § 2; Laws 2006, LB 1248, § 52.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-707

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-707. Child abuse; privileges not available; penalties


(1) A person commits child abuse if he or she knowingly, intentionally, or negligently causes or permits a minor child to be:


(a) Placed in a situation that endangers his or her life or physical or mental health;


(b) Cruelly confined or cruelly punished;


(c) Deprived of necessary food, clothing, shelter, or care;


(d) Placed in a situation to be sexually exploited by allowing, encouraging, or forcing such minor child to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions; or


(e) Placed in a situation to be sexually abused as defined in section 28-319, 28-319.01, or 28-320.01.


(2) The statutory privilege between patient and physician, between client and professional counselor, and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for a violation of this section.


(3) Child abuse is a Class I misdemeanor if the offense is committed negligently and does not result in serious bodily injury as defined in section 28-109 or death.


(4) Child abuse is a Class IIIA felony if the offense is committed knowingly and intentionally and does not result in serious bodily injury as defined in section 28-109 or death.


(5) Child abuse is a Class IIIA felony if the offense is committed negligently and results in serious bodily injury as defined in section 28-109.


(6) Child abuse is a Class III felony if the offense is committed negligently and results in the death of such child.


(7) Child abuse is a Class II felony if the offense is committed knowingly and intentionally and results in serious bodily injury as defined in such section.


(8) Child abuse is a Class IB felony if the offense is committed knowingly and intentionally and results in the death of such child.


(9) For purposes of this section, negligently refers to criminal negligence and means that a person knew or should have known of the danger involved and acted recklessly, as defined in section 28-109, with respect to the safety or health of the minor child.


CREDIT(S)


Laws 1977, LB 38, § 146; Laws 1982, LB 347, § 10; Laws 1993, LB 130, § 3; Laws 1993, LB 430, § 3; Laws 1994, LB 908, § 1; Laws 1996, LB 645, § 15; Laws 1997, LB 364, § 9; Laws 2006, LB 1199, § 9; Laws 2010, LB 507, § 3, eff. July 15, 2010; Laws 2012, LB 799, § 2, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-708

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-708. Repealed by Laws 1988, LB 463, § 50


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-709

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-709. Contributing to the delinquency of a child; penalty; definitions


(1) Any person who, by any act, encourages, causes, or contributes to the delinquency or need for special supervision of a child under eighteen years of age, so that such child becomes, or will tend to become, a delinquent child, or a child in need of special supervision, commits contributing to the delinquency of a child.


(2) The following definitions shall be applicable to this section:


(a) Delinquent child shall mean any child under the age of eighteen years who has violated any law of the state or any city or village ordinance; and


(b) A child in need of special supervision shall mean any child under the age of eighteen years (i) who, by reason of being wayward or habitually disobedient, is uncontrolled by his parent, guardian, or custodian; (ii) who is habitually truant from school or home; or (iii) who deports himself so as to injure or endanger seriously the morals or health of himself or others.


(3) Contributing to the delinquency of a child is a Class I misdemeanor.


CREDIT(S)


Laws 1977, LB 38, § 148.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-710

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-710. Act, how cited; terms, defined


(1) Sections 28-710 to 28-727 shall be known and may be cited as the Child Protection Act.


(2) For purposes of the Child Protection Act:


(a) Child abuse or neglect means knowingly, intentionally, or negligently causing or permitting a minor child to be:


(i) Placed in a situation that endangers his or her life or physical or mental health;


(ii) Cruelly confined or cruelly punished;


(iii) Deprived of necessary food, clothing, shelter, or care;


(iv) Left unattended in a motor vehicle if such minor child is six years of age or younger;


(v) Sexually abused; or


(vi) Sexually exploited by allowing, encouraging, or forcing such person to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions;


(b) Department means the Department of Health and Human Services;


(c) Law enforcement agency means the police department or town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol;


(d) Out-of-home child abuse or neglect means child abuse or neglect occurring in day care homes, foster homes, day care centers, group homes, and other child care facilities or institutions; and


(e) Subject of the report of child abuse or neglect means the person or persons identified in the report as responsible for the child abuse or neglect.


CREDIT(S)


Laws 1977, LB 38, § 149; Laws 1979, LB 505, § 1; Laws 1982, LB 522, § 3; Laws 1985, LB 447, § 10; Laws 1988, LB 463, § 42; Laws 1992, LB 1184, § 9; Laws 1994, LB 1035, § 2; Laws 1996, LB 1044, § 71; Laws 1997, LB 119, § 1; Laws 2005, LB 116, § 1.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-711

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-711. Child subjected to abuse or neglect; report; contents; toll-free number


(1) When any physician, any medical institution, any nurse, any school employee, any social worker, the Inspector General appointed under section 43-4317, or any other person has reasonable cause to believe that a child has been subjected to child abuse or neglect or observes such child being subjected to conditions or circumstances which reasonably would result in child abuse or neglect, he or she shall report such incident or cause a report of child abuse or neglect to be made to the proper law enforcement agency or to the department on the toll-free number established by subsection (2) of this section. Such report may be made orally by telephone with the caller giving his or her name and address, shall be followed by a written report, and to the extent available shall contain the address and age of the abused or neglected child, the address of the person or persons having custody of the abused or neglected child, the nature and extent of the child abuse or neglect or the conditions and circumstances which would reasonably result in such child abuse or neglect, any evidence of previous child abuse or neglect including the nature and extent, and any other information which in the opinion of the person may be helpful in establishing the cause of such child abuse or neglect and the identity of the perpetrator or perpetrators. Law enforcement agencies receiving any reports of child abuse or neglect under this subsection shall notify the department pursuant to section 28-718 on the next working day by telephone or mail.


(2) The department shall establish a statewide toll-free number to be used by any person any hour of the day or night, any day of the week, to make reports of child abuse or neglect. Reports of child abuse or neglect not previously made to or by a law enforcement agency shall be made immediately to such agency by the department.


CREDIT(S)


Laws 1977, LB 38, § 150; Laws 1979, LB 505, § 2; Laws 1982, LB 522, § 4; Laws 1988, LB 463, § 43; Laws 2002, LB 1105, § 432; Laws 2005, LB 116, § 2; Laws 2012, LB 821, § 39, eff. April 12, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-712

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-712. Repealed by Laws 1992, LB 1184, § 25


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-713

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-713. Reports of child abuse or neglect; law enforcement agency; department; duties


Upon the receipt of a call reporting child abuse and neglect as required by section 28-711:


(1) It is the duty of the law enforcement agency to investigate the report, to take immediate steps to protect the child, and to institute legal proceedings if appropriate. In situations of alleged out-of-home child abuse or neglect if the person or persons to be notified have not already been notified and the person to be notified is not the subject of the report of child abuse or neglect, the law enforcement agency shall immediately notify the person or persons having custody of each child who has allegedly been abused or neglected that such report of alleged child abuse or neglect has been made and shall provide such person or persons with information of the nature of the alleged child abuse or neglect. The law enforcement agency may request assistance from the department during the investigation and shall, by the next working day, notify either the hotline or the department of receipt of the report, including whether or not an investigation is being undertaken by the law enforcement agency. A copy of all reports, whether or not an investigation is being undertaken, shall be provided to the department;


(2) In situations of alleged out-of-home child abuse or neglect if the person or persons to be notified have not already been notified and the person to be notified is not the subject of the report of child abuse or neglect, the department shall immediately notify the person or persons having custody of each child who has allegedly been abused or neglected that such report of alleged child abuse or neglect has been made and shall provide such person or persons with information of the nature of the alleged child abuse or neglect and any other information that the department deems necessary. The department shall investigate for the purpose of assessing each report of child abuse or neglect to determine the risk of harm to the child involved. The department shall also provide such social services as are necessary and appropriate under the circumstances to protect and assist the child and to preserve the family;


(3) The department may make a request for further assistance from the appropriate law enforcement agency or take such legal action as may be appropriate under the circumstances;


(4) The department shall, by the next working day after receiving a report of child abuse or neglect under subdivision (1) of this section, make a written report or a summary on forms provided by the department to the proper law enforcement agency in the county and enter in the tracking system of child protection cases maintained pursuant to section 28-715 all reports of child abuse or neglect opened for investigation and any action taken; and


(5) The department shall, upon request, make available to the appropriate investigating law enforcement agency and the county attorney a copy of all reports relative to a case of suspected child abuse or neglect.


CREDIT(S)


Laws 1977, LB 38, § 152; Laws 1979, LB 505, § 4; Laws 1982, LB 522, § 5; Laws 1988, LB 463, § 45; Laws 1992, LB 1184, § 10; Laws 1996, LB 1044, § 72; Laws 1997, LB 119, § 2; Laws 1997, LB 307, § 13; Laws 2005, LB 116, § 3; Laws 2007, LB 296, § 37.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-713.01

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-713.01. Cases of child abuse or neglect; completion of investigation; notice; when


(1) Upon completion of the investigation pursuant to section 28-713:


(a) In situations of alleged out-of-home child abuse or neglect, the person or persons having custody of the allegedly abused or neglected child or children shall be given written notice of the results of the investigation and any other information the law enforcement agency or department deems necessary. Such notice and information shall be sent by first-class mail; and


(b) The subject of the report of child abuse or neglect shall be given written notice of the determination of the case and whether the subject of the report of child abuse or neglect will be entered into the central register of child protection cases maintained pursuant to section 28-718 under the criteria provided in section 28-720.


(2) If the subject of the report will be entered into the central register, the notice to the subject shall be sent by certified mail with return receipt requested or first-class mail to the last-known address of the subject of the report of child abuse or neglect and shall include:


(a) The nature of the report;


(b) The classification of the report under section 28-720; and


(c) Notification of the right of the subject of the report of child abuse or neglect to request the department to amend or expunge identifying information from the report or to remove the substantiated report from the central register in accordance with section 28-723.


(3) If the subject of the report will not be entered into the central register, the notice to the subject shall be sent by first-class mail and shall include:


(a) The nature of the report; and


(b) The classification of the report under section 28-720.


CREDIT(S)


Laws 1994, LB 1035, § 3; Laws 1997, LB 119, § 3; Laws 2005, LB 116, § 4; Laws 2012, LB 1051, § 17, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-714

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-714. Privileged communications; not grounds for excluding evidence


The privileged communication between patient and physician, between client and professional counselor, and between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a report of child abuse or neglect required by section 28-711.


CREDIT(S)


Laws 1977, LB 38, § 153; Laws 1993, LB 130, § 4; Laws 1994, LB 1035, § 4; Laws 2005, LB 116, § 5.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-715

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-715. Tracking system; department; duties; use authorized


The department shall retain all information from all reports of suspected child abuse or neglect required by section 28-711 and all records generated as a result of such reports in a tracking system of child protection cases. The tracking system shall be used for statistical purposes as well as a reference for future investigations if subsequent reports of child abuse or neglect are made involving the same victim or subject of a report of child abuse or neglect.


CREDIT(S)


Laws 1977, LB 38, § 154; Laws 1979, LB 505, § 5; Laws 1988, LB 463, § 46; Laws 2005, LB 116, § 6.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-716

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-716. Person participating in an investigation or making report; immune from liability; civil or criminal


Any person participating in an investigation or the making of a report of child abuse or neglect required by section 28-711 pursuant to or participating in a judicial proceeding resulting therefrom shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, except for maliciously false statements.


CREDIT(S)


Laws 1977, LB 38, § 155; Laws 1994, LB 1035, § 5; Laws 2005, LB 116, § 7.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-717

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-717. Violation; penalty


Any person who willfully fails to make any report of child abuse or neglect required by section 28-711 shall be guilty of a Class III misdemeanor.


CREDIT(S)


Laws 1977, LB 38, § 156; Laws 1994, LB 1035, § 6; Laws 2005, LB 116, § 8.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-718

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-718. Child protection cases; central register; name-change order; treatment


(1) There shall be a central register of child protection cases maintained in the department containing records of all reports of child abuse or neglect opened for investigation as provided in section 28-713 and classified as either court substantiated or agency substantiated as provided in section 28-720. The department may change records classified as inconclusive prior to August 30, 2009, to agency substantiated. The department shall give public notice of the changes made to this section and subsection (3) of section 28-720 by Laws 2009, LB 122, within thirty days after August 30, 2009, by having such notice published in a newspaper or newspapers of general circulation within the state.


(2) The department shall determine whether a name-change order received from the clerk of a district court pursuant to section 25-21,271 is for a person on the central register of child protection cases and, if so, shall include the changed name with the former name in the register and file or cross-reference the information under both names.


CREDIT(S)


Laws 1979, LB 505, § 6; Laws 2005, LB 116, § 9; Laws 2009, LB 122, § 1, eff. Aug. 30, 2009; Laws 2010, LB 147, § 3, eff. Jan. 1, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-719

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-719. Child abuse and neglect records; access; when


Upon complying with identification requirements established by regulation of the department, or when ordered by a court of competent jurisdiction, any person legally authorized by section 28-722, 28-726, or 28-727 to have access to records relating to child abuse and neglect may request and shall be immediately provided the information requested in accordance with the requirement of the Child Protection Act. Such information shall not include the name and address of the person making the report of child abuse or neglect. The names and other identifying data and the dates and the circumstances of any persons requesting or receiving information from the central register of child protection cases maintained pursuant to section 28-718 shall be entered in such register record.


CREDIT(S)


Laws 1979, LB 505, § 7; Laws 2005, LB 116, § 10.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-720

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-720. Cases; central register; classification


All cases entered into the central register of child protection cases maintained pursuant to section 28-718 shall be classified as one of the following:


(1) Court substantiated, if a court of competent jurisdiction has entered a judgment of guilty against the subject of the report of child abuse or neglect upon a criminal complaint, indictment, or information or there has been an adjudication of jurisdiction of a juvenile court over the child under subdivision (3)(a) of section 43-247 which relates or pertains to the report of child abuse or neglect;


(2) Court pending, if a criminal complaint, indictment, or information or a juvenile petition under subdivision (3)(a) of section 43-247, which relates or pertains to the subject of the report of abuse or neglect, has been filed and is pending in a court of competent jurisdiction; or


(3) Agency substantiated, if the department's determination of child abuse or neglect against the subject of the report of child abuse or neglect was supported by a preponderance of the evidence and based upon an investigation pursuant to section 28-713.


CREDIT(S)


Laws 1979, LB 505, § 8; Laws 2005, LB 116, § 11; Laws 2009, LB 122, § 2, eff. Aug. 30, 2009.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-720.01

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-720.01. Unfounded reports; how treated


All reports of child abuse or neglect which are not under subdivision (1), (2), or (3) of section 28-720 shall be considered unfounded and shall be maintained only in the tracking system of child protection cases pursuant to section 28-715 and not in the central register of child protection cases maintained pursuant to section 28-718.


CREDIT(S)


Laws 2005, LB 116, § 12.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-721

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-721. Central register; record; amend, expunge, or remove


At any time, the department may amend, expunge, or remove from the central register of child protection cases maintained pursuant to section 28-718 any record upon good cause shown and upon notice to the subject of the report of child abuse or neglect.


CREDIT(S)


Laws 1979, LB 505, § 9; Laws 2005, LB 116, § 13; Laws 2007, LB 296, § 38.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-722

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-722. Central register; subject of report; access to information


Upon request, a subject of the report of child abuse or neglect or, if such subject is a minor or otherwise legally incompetent, the guardian or guardian ad litem of the subject, shall be entitled to receive a copy of all information contained in the central register of child protection cases maintained pursuant to section 28-718 pertaining to his or her case. The department shall not release data that would be harmful or detrimental or that would identify or locate a person who, in good faith, made a report of child abuse or neglect or cooperated in a subsequent investigation unless ordered to do so by a court of competent jurisdiction.


CREDIT(S)


Laws 1979, LB 505, § 10; Laws 2005, LB 116, § 14.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-723

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-723. Subject of report; request to amend, expunge, or remove information; denied; hearing; decision; appeal


At any time subsequent to the completion of the department's investigation, the subject of the report of child abuse or neglect may request the department to amend, expunge identifying information from, or remove the record of the report from the central register of child protection cases maintained pursuant to section 28-718. If the department refuses to do so or does not act within thirty days, the subject of the report of child abuse or neglect shall have the right to a fair hearing within the department to determine whether the record of the report of child abuse or neglect should be amended, expunged, or removed on the grounds that it is inaccurate or that it is being maintained in a manner inconsistent with the Child Protection Act. Such fair hearing shall be held within a reasonable time after the subject's request and at a reasonable place and hour. In such hearings, the burden of proving the accuracy and consistency of the record shall be on the department. A juvenile court finding of child abuse or child neglect shall be presumptive evidence that the report was not unfounded. The hearing shall be conducted by the head of the department or his or her designated agent, who is hereby authorized and empowered to order the amendment, expunction, or removal of the record to make it accurate or consistent with the requirements of the act. The decision shall be made in writing, at the close of the hearing, or within thirty days thereof, and shall state the reasons upon which it is based. Decisions of the department may be appealed under the provisions of the Administrative Procedure Act.


CREDIT(S)


Laws 1979, LB 505, § 11; Laws 1982, LB 522, § 6; Laws 2005, LB 116, § 15.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-724

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-724. Record; amendment, expunction, or removal; notice


Written notice of any amendment, expunction, or removal of any record in the central register of child protection cases maintained pursuant to section 28-718 shall be served upon the subject of the report of child abuse or neglect. The department shall inform any other individuals or agencies which received such record of any amendment, expunction, or removal of such record.


CREDIT(S)


Laws 1979, LB 505, § 12; Laws 1982, LB 522, § 7; Laws 2005, LB 116, § 16.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-725

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-725. Information, report; confidential; violation; penalty


All information of the department concerning reports of child abuse or neglect of noninstitutional children, including information in the tracking system of child protection cases maintained pursuant to section 28-715 or records in the central register of child protection cases maintained pursuant to section 28-718, and all information of the department generated as a result of such reports or records, shall be confidential and shall not be disclosed except as specifically authorized by the Child Protection Act and section 81-3126 or other applicable law. The subject of the report of child abuse or neglect may authorize any individual or organization to receive the following information from the central register of child protection cases maintained pursuant to section 28-718 which relates or pertains to him or her: (1) The date of the alleged child abuse or neglect; and (2) the classification of the case pursuant to section 28-720. Permitting, assisting, or encouraging the unauthorized release of any information contained in such reports or records shall be a Class V misdemeanor.


CREDIT(S)


Laws 1979, LB 505, § 13; Laws 1982, LB 522, § 8; Laws 2002, LB 642, § 7; Laws 2005, LB 116, § 17; Laws 2008, LB 782, § 2, eff. March 11, 2008.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-726

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-726. Information; access


Except as provided in this section and sections 28-722 and 81-3126, no person, official, or agency shall have access to information in the tracking system of child protection cases maintained pursuant to section 28-715 or in records in the central register of child protection cases maintained pursuant to section 28-718 unless in furtherance of purposes directly connected with the administration of the Child Protection Act. Such persons, officials, and agencies having access to such information shall include, but not be limited to:


(1) A law enforcement agency investigating a report of known or suspected child abuse or neglect;


(2) A county attorney in preparation of a child abuse or neglect petition or termination of parental rights petition;


(3) A physician who has before him or her a child whom he or she reasonably suspects may be abused or neglected;


(4) An agency having the legal responsibility or authorization to care for, treat, or supervise an abused or neglected child or a parent, a guardian, or other person responsible for the abused or neglected child's welfare who is the subject of the report of child abuse or neglect;


(5) Any person engaged in bona fide research or auditing. No information identifying the subjects of the report of child abuse or neglect shall be made available to the researcher or auditor;


(6) The Foster Care Review Office and the designated local foster care review board when the information relates to a child in a foster care placement as defined in section 43-1301. The information provided to the office and local board shall not include the name or identity of any person making a report of suspected child abuse or neglect;


(7) The designated protection and advocacy system authorized pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. 15001, as the act existed on January 1, 2005, and the Protection and Advocacy for Mentally Ill Individuals Act, 42 U.S.C. 10801, as the act existed on September 1, 2001, acting upon a complaint received from or on behalf of a person with developmental disabilities or mental illness;


(8) The person or persons having custody of the abused or neglected child in situations of alleged out-of-home child abuse or neglect; and


(9) For purposes of licensing providers of child care programs, the Department of Health and Human Services.


CREDIT(S)


Laws 1979, LB 505, § 14; Laws 1982, LB 522, § 9; Laws 1988, LB 463, § 47; Laws 1990, LB 1222, § 1; Laws 1992, LB 643, § 2; Laws 1994, LB 1035, § 7; Laws 1997, LB 119, § 4; Laws 2001, LB 214, § 2; Laws 2002, LB 642, § 8; Laws 2005, LB 116, § 18; Laws 2007, LB 296, § 39; Laws 2008, LB 782, § 3, eff. March 11, 2008; Laws 2012, LB 998, § 1, eff. July 1, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-727

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-727. Report; person making; receive summary of findings and actions; when


Upon request, a physician or the person in charge of an institution, school, facility, or agency making a legally mandated report of child abuse or neglect pursuant to section 28-711 shall receive a summary of the findings of and actions taken by the department in response to his or her report. The amount of detail such summary contains shall depend on the source of the report of child abuse or neglect and shall be established by regulations of the department.


CREDIT(S)


Laws 1979, LB 505, § 15; Laws 1982, LB 522, § 10; Laws 2005, LB 116, § 19.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-728

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-728. Legislative findings and intent; child abuse and neglect investigation team; child advocacy center; child abuse and neglect treatment team; powers and duties


(1) The Legislature finds that child abuse and neglect are community problems requiring a coordinated response by law enforcement, child advocacy centers, prosecutors, the Department of Health and Human Services, and other agencies or entities designed to protect children. It is the intent of the Legislature to create a child abuse and neglect investigation team in each county or contiguous group of counties and to create a child abuse and neglect treatment team in each county or contiguous group of counties.


(2) Each county or contiguous group of counties will be assigned by the Department of Health and Human Services to a child advocacy center. The purpose of a child advocacy center is to provide a child-focused location for conducting forensic interviews and medical evaluations for alleged child victims of abuse and neglect and for coordinating a multidisciplinary team response that supports the physical, emotional, and psychological needs of children who are alleged victims of abuse or neglect. Each child advocacy center shall meet accreditation criteria set forth by the National Children's Alliance. Nothing in this section shall prevent a child from receiving treatment or other services at a child advocacy center which has received or is in the process of receiving accreditation.


(3) Each county attorney or the county attorney representing a contiguous group of counties is responsible for convening the child abuse and neglect investigation team and ensuring that protocols are established and implemented. A representative of the child advocacy center assigned to the team shall assist the county attorney in facilitating case review, developing and updating protocols, and arranging training opportunities for the team. Each team must have protocols which, at a minimum, shall include procedures for:


(a) Mandatory reporting of child abuse and neglect as outlined in section 28-711 to include training to professionals on identification and reporting of abuse;


(b) Assigning roles and responsibilities between law enforcement and the Department of Health and Human Services for the initial response;


(c) Outlining how reports will be shared between law enforcement and the Department of Health and Human Services under section 28-713;


(d) Coordinating the investigative response including, but not limited to:


(i) Defining cases that require a priority response;


(ii) Contacting the reporting party;


(iii) Arranging for a video-recorded forensic interview at a child advocacy center for children who are three to eighteen years of age and are alleged to be victims of sexual abuse or serious physical abuse or neglect, have witnessed a violent crime, are found in a drug-endangered environment, or have been recovered from a kidnapping;


(iv) Assessing the need for and arranging, when indicated, a medical evaluation of the alleged child victim;


(v) Assessing the need for and arranging, when indicated, appropriate mental health services for the alleged child victim or nonoffender caregiver;


(vi) Conducting collateral interviews with other persons with information pertinent to the investigation including other potential victims;


(vii) Collecting, processing, and preserving physical evidence including photographing the crime scene as well as any physical injuries as a result of the alleged child abuse and neglect; and


(viii) Interviewing the alleged perpetrator;


(e) Reducing the risk of harm to alleged child abuse and neglect victims;


(f) Ensuring that the child is in safe surroundings, including removing the perpetrator when necessary or arranging for temporary custody of the child when the child is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the child's protection as provided in section 43-248;


(g) Sharing of case information between team members; and


(h) Outlining what cases will be reviewed by the investigation team including, but not limited to:


(i) Cases of sexual abuse, serious physical abuse and neglect, drug-endangered children, and serious or ongoing domestic violence;


(ii) Cases determined by the Department of Health and Human Services to be high or very high risk for further maltreatment; and


(iii) Any other case referred by a member of the team when a system-response issue has been identified.


(4) Each county attorney or the county attorney representing a contiguous group of counties is responsible for convening the child abuse and neglect treatment team and ensuring that protocols are established and implemented. A representative of the child advocacy center appointed to the team shall assist the county attorney in facilitating case review, developing and updating protocols, and arranging training opportunities for the team. Each team must have protocols which, at a minimum, shall include procedures for:


(a) Case coordination and assistance, including the location of services available within the area;


(b) Case staffings and the coordination, development, implementation, and monitoring of treatment or safety plans particularly in those cases in which ongoing services are provided by the Department of Health and Human Services or a contracted agency but the juvenile court is not involved;


(c) Reducing the risk of harm to child abuse and neglect victims;


(d) Assisting those child abuse and neglect victims who are abused and neglected by perpetrators who do not reside in their homes; and


(e) Working with multiproblem status offenders and delinquent youth.


(5) For purposes of this section, forensic interview means a video-recorded interview of an alleged child victim conducted at a child advocacy center by a professional with specialized training designed to elicit details about alleged incidents of abuse or neglect, and such interview may result in intervention in criminal or juvenile court.


CREDIT(S)


Laws 1992, LB 1184, § 1; Laws 1996, LB 1044, § 73; Laws 1999, LB 594, § 6; Laws 2006, LB 1113, § 24; Laws 2007, LB 296, § 40; Laws 2012, LB 993, § 1, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-729

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-729. Teams; members; training; county attorney; duties; meetings; annual report


(1) A child abuse and neglect investigation team shall include a representative from the county attorney's office, a representative from the Division of Children and Family Services of the Department of Health and Human Services, a representative from each law enforcement agency which has jurisdiction within the county or contiguous group of counties, a representative from the child advocacy center, and representatives from such other agencies as determined by the team.


(2) A child abuse and neglect treatment team shall include a representative from the Division of Children and Family Services of the Department of Health and Human Services, a juvenile probation officer, a representative from each of the mental health profession and the medical profession actively practicing within the county or contiguous group of counties, a representative from each school district which provides services within the county or contiguous group of counties, a representative from the child advocacy center, and representatives from such other agencies as determined by the team. For purposes of this subsection, more than one school district may be represented by the same individual.


(3) The teams established pursuant to this section and section 28-728 shall be encouraged to expand their membership to include the various relevant disciplines which exist within the county or contiguous group of counties. The additional members shall have the requisite experience necessary as determined by the core members of the teams. Consistent with requirements set out by the teams, all members of both teams shall attend child abuse and neglect training on an annual basis. Such training shall be no less than eight hours annually and consist of the following components:


(a) Child abuse and neglect investigation procedures;


(b) Legal requirements and procedures for successful prosecution of child abuse and neglect cases;


(c) Roles and responsibilities of child protective services, law enforcement agencies, county attorneys, child advocacy centers, the Attorney General, and judges;


(d) Characteristics of child development and family dynamics;


(e) Recognition of various types of abuse and neglect;


(f) Duty of public and private individuals and agencies, including schools, governmental agencies, physicians, and child advocates, to report suspected or known child abuse;


(g) Multidisciplinary approaches to providing services to children; and


(h) Continually identifying and improving weaknesses in the current child protection system and developing ongoing best practices.


(4) The representative of the child advocacy center shall report the name and address of each team member and the number of times the team met within a calendar year to the Nebraska Commission on Law Enforcement and Criminal Justice.


(5) Each team shall meet at a location agreed to by the team. The number of meetings of the team shall be secondary to the caseload of the team, but each team shall meet at least quarterly. Each team may substitute a telephone conference call among team members in lieu of meeting in person. If a team fails to convene, the commission shall notify the Child Protection Division of the office of the Attorney General and the division shall appoint the team members or convene the team pursuant to sections 28-728 to 28-730. Nothing in this section shall relieve the county attorney from ensuring that the teams meet as required by this section.


CREDIT(S)


Laws 1992, LB 1184, § 2; Laws 1996, LB 1044, § 74; Laws 2006, LB 1113, § 25; Laws 2012, LB 993, § 2, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-730

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-730. Records and information; access; disclosure; limitation; review of cases; immunity; violation; penalty


(1) Notwithstanding any other provision of law regarding the confidentiality of records and when not prohibited by the federal Privacy Act of 1974, as amended, juvenile court records and any other pertinent information that may be in the possession of school districts, law enforcement agencies, county attorneys, the Attorney General, the Department of Health and Human Services, child advocacy centers, and other team members concerning a child whose case is being investigated or discussed by a child abuse and neglect investigation team or a child abuse and neglect treatment team shall be shared with the respective team members as part of the discussion and coordination of efforts for investigative or treatment purposes. Upon request by a team, any individual or agency with information or records concerning a particular child shall share all relevant information or records with the team as determined by the team pursuant to the appropriate team protocol. Only a team which has accepted the child's case for investigation or treatment shall be entitled to access to such information.


(2) All information acquired by a team member or other individuals pursuant to protocols developed by the team shall be confidential and shall not be disclosed except to the extent necessary to perform case consultations, to carry out a treatment plan or recommendations, or for use in a legal proceeding instituted by a county attorney or the Child Protection Division of the office of the Attorney General. Information, documents, or records otherwise available from the original sources shall not be immune from discovery or use in any civil or criminal action merely because the information, documents, or records were presented during a case consultation if the testimony sought is otherwise permissible and discoverable. Any person who presented information before the team or who is a team member shall not be prevented from testifying as to matters within the person's knowledge.


(3) Each team may review any case arising under the Nebraska Criminal Code when a child is a victim or any case arising under the Nebraska Juvenile Code. A member of a team who participates in good faith in team discussion or any person who in good faith cooperates with a team by providing information or records about a child whose case has been accepted for investigation or treatment by a team shall be immune from any civil or criminal liability. The provisions of this subsection or any other section granting or allowing the grant of immunity from liability shall not be extended to any person alleged to have committed an act of child abuse or neglect.


(4) A member of a team who publicly discloses information regarding a case consultation in a manner not consistent with sections 28-728 to 28-730 shall be guilty of a Class III misdemeanor.


CREDIT(S)


Laws 1992, LB 1184, § 3; Laws 1996, LB 1044, § 75; Laws 2006, LB 1113, § 26.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-731

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 7. Offenses Involving the Family Relation

28-731. Teams; exempt from Open Meetings Act


The teams established by sections 28-728 to 28-730 shall not be considered a public body for purposes of the Open Meetings Act.


CREDIT(S)


Laws 1992, LB 1184, § 4; Laws 2004, LB 821, § 10.


 

Current through the 102nd Legislature Second Regular Session (2012)



Chapter 28. Crimes and Punishments  Article 3. Offenses Against the Person

Tags:37 NE (0.6%)

Neb.Rev.St. § 28-395

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(d) Assault of an Unborn Child Act

28-395. Act, how cited


Sections 28-395 to 28-3,101 shall be known and may be cited as the Assault of an Unborn Child Act.


CREDIT(S)


Laws 2006, LB 57, § 2.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-396

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(d) Assault of an Unborn Child Act

28-396. Unborn child, defined


For purposes of the Assault of an Unborn Child Act, unborn child means an individual member of the species Homo sapiens at any stage of development in utero.


CREDIT(S)


Laws 2006, LB 57, § 3.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-397

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(d) Assault of an Unborn Child Act

28-397. Assault of an unborn child in the first degree; penalty


(1) A person commits the offense of assault of an unborn child in the first degree if he or she, during the commission of any criminal assault on a pregnant woman, intentionally or knowingly causes serious bodily injury to her unborn child.


(2) Assault of an unborn child in the first degree is a Class III felony.


CREDIT(S)


Laws 2006, LB 57, § 4.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-398

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(d) Assault of an Unborn Child Act

28-398. Assault of an unborn child in the second degree; penalty


(1) A person commits the offense of assault of an unborn child in the second degree if he or she, during the commission of any criminal assault on a pregnant woman, recklessly causes serious bodily injury to her unborn child with a dangerous instrument.


(2) Assault of an unborn child in the second degree is a Class IIIA felony.


CREDIT(S)


Laws 2006, LB 57, § 5.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-399

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(d) Assault of an Unborn Child Act

28-399. Assault of an unborn child in the third degree; penalty


(1) A person commits the offense of assault of an unborn child in the third degree if he or she, during the commission of any criminal assault on a pregnant woman, recklessly causes serious bodily injury to her unborn child.


(2) Assault of an unborn child in the third degree is a Class I misdemeanor.


CREDIT(S)


Laws 2006, LB 57, § 6.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,100

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(d) Assault of an Unborn Child Act

28-3,100. Applicability of act


The Assault of an Unborn Child Act does not apply to:


(1) Any act or conduct that is committed or engaged in by the mother of the unborn child;


(2) Any medical procedure performed with the consent of the mother; or


(3) Dispensing a drug or device in accordance with law or administering a drug or device prescribed in accordance with law.


CREDIT(S)


Laws 2006, LB 57, § 7.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,101

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(d) Assault of an Unborn Child Act

28-3,101. Prosecution of separate acts


Assault on a pregnant woman and assault on her unborn child shall be considered as separate acts or conduct for purposes of prosecution.


CREDIT(S)


Laws 2006, LB 57, § 8.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,102

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,102. Act, how cited


Sections 28-3,102 to 28-3,111 shall be known and may be cited as the Pain-Capable Unborn Child Protection Act.


CREDIT(S)


Laws 2010, LB 1103, § 1, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,103

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,103. Terms, defined


For purposes of the Pain-Capable Unborn Child Protection Act:


(1) Abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy;


(2) Attempt to perform or induce an abortion means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the Pain-Capable Unborn Child Protection Act;


(3) Fertilization means the fusion of a human spermatozoon with a human ovum;


(4) Medical emergency means a condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function;


(5) Postfertilization age means the age of the unborn child as calculated from the fertilization of the human ovum;


(6) Reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;


(7) Physician means any person licensed to practice medicine and surgery or osteopathic medicine under the Uniform Credentialing Act;


(8) Probable postfertilization age of the unborn child means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed;


(9) Unborn child or fetus each mean an individual organism of the species homo sapiens from fertilization until live birth; and


(10) Woman means a female human being whether or not she has reached the age of majority.


CREDIT(S)


Laws 2010, LB 1103, § 2, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,104

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,104. Legislative findings


The Legislature makes the following findings:


(1) At least by twenty weeks after fertilization there is substantial evidence that an unborn child has the physical structures necessary to experience pain;


(2) There is substantial evidence that, by twenty weeks after fertilization, unborn children seek to evade certain stimuli in a manner which in an infant or an adult would be interpreted as a response to pain;


(3) Anesthesia is routinely administered to unborn children who have developed twenty weeks or more past fertilization who undergo prenatal surgery;


(4) Even before twenty weeks after fertilization, unborn children have been observed to exhibit hormonal stress responses to painful stimuli. Such responses were reduced when pain medication was administered directly to such unborn children; and


(5) It is the purpose of the State of Nebraska to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.


CREDIT(S)


Laws 2010, LB 1103, § 3, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,105

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,105. Determination of probable postfertilization age of unborn child; physician; duties


(1) Except in the case of a medical emergency which prevents compliance with this section, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, a physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.


(2) Failure by any physician to conform to any requirement of this section constitutes unprofessional conduct pursuant to section 38-2021.


CREDIT(S)


Laws 2010, LB 1103, § 4, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,106

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,106. Abortion; performance; restrictions


No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the woman's unborn child is twenty or more weeks unless, in reasonable medical judgment (1) she has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function or (2) it is necessary to preserve the life of an unborn child. No such condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function. In such a case, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman than would another available method. No such greater risk shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function.


CREDIT(S)


Laws 2010, LB 1103, § 5, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,107

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,107. Report to Department of Health and Human Services; contents; department; issue public report; failure to file report; late fee; prohibited acts; penalty


(1) Any physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health and Human Services, on a schedule and in accordance with forms and rules and regulations adopted and promulgated by the department:


(a) If a determination of probable postfertilization age was made, the probable postfertilization age determined and the method and basis of the determination;


(b) If a determination of probable postfertilization age was not made, the basis of the determination that a medical emergency existed;


(c) If the probable postfertilization age was determined to be twenty or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, or the basis of the determination that it was necessary to preserve the life of an unborn child; and


(d) The method used for the abortion and, in the case of an abortion performed when the probable postfertilization age was determined to be twenty or more weeks, whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive or, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman than would other available methods.


(2) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection (1) of this section. Each such report shall also provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed.


(3) Any physician who fails to submit a report by the end of thirty days following the due date shall be subject to a late fee of five hundred dollars for each additional thirty-day period or portion of a thirty-day period the report is overdue. Any physician required to report in accordance with the Pain-Capable Unborn Child Protection Act who has not submitted a report, or has submitted only an incomplete report, more than one year following the due date, may, in an action brought in the manner in which actions are brought to enforce the Uniform Credentialing Act pursuant to section 38-1,139, be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to civil contempt. Failure by any physician to conform to any requirement of this section, other than late filing of a report, constitutes unprofessional conduct pursuant to section 38-2021. Failure by any physician to submit a complete report in accordance with a court order constitutes unprofessional conduct pursuant to section 38-2021. Intentional or reckless falsification of any report required under this section is a Class V misdemeanor.


(4) Within ninety days after October 15, 2010, the department shall adopt and promulgate rules and regulations to assist in compliance with this section.


CREDIT(S)


Laws 2010, LB 1103, § 6, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,108

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,108. Prohibited abortion; penalty


Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of section 28-3,106 is guilty of a Class IV felony. No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed.


CREDIT(S)


Laws 2010, LB 1103, § 7, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,109

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,109. Action for damages; action for injunctive relief; attorney's fees


(1) Any woman upon whom an abortion has been performed in violation of the Pain-Capable Unborn Child Protection Act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or a reckless violation of the Pain-Capable Unborn Child Protection Act for actual damages. Any woman upon whom an abortion has been attempted in violation of the Pain-Capable Unborn Child Protection Act may maintain an action against the person who attempted to perform the abortion in an intentional or a reckless violation of the Pain-Capable Unborn Child Protection Act for actual damages.


(2) A cause of action for injunctive relief against any person who has intentionally violated the Pain-Capable Unborn Child Protection Act may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of the Pain-Capable Unborn Child Protection Act, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or attempted to be performed in violation of the Pain-Capable Unborn Child Protection Act, by a county attorney with appropriate jurisdiction, or by the Attorney General. The injunction shall prevent the abortion provider from performing further abortions in violation of the Pain-Capable Unborn Child Protection Act in this state.


(3) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for reasonable attorney's fees in favor of the plaintiff against the defendant.


(4) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff.


(5) No damages or attorney's fees may be assessed against the woman upon whom an abortion was performed or attempted to be performed except as provided in subsection (4) of this section.


CREDIT(S)


Laws 2010, LB 1103, § 8, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,110

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,110. Anonymity; court orders authorized


In every civil or criminal proceeding or action brought under the Pain-Capable Unborn Child Protection Act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under section 28-3,109 shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.


CREDIT(S)


Laws 2010, LB 1103, § 9, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-3,111

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(e) Pain-Capable Unborn Child Protection Act

28-3,111. Severability


If any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of the Pain-Capable Unborn Child Protection Act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of the Pain-Capable Unborn Child Protection Act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed the Pain-Capable Unborn Child Protection Act, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of the Pain-Capable Unborn Child Protection Act, or the application of the Pain-Capable Unborn Child Protection Act, would be declared unconstitutional.


CREDIT(S)


Laws 2010, LB 1103, § 10, eff. Oct. 15, 2010.


 

Current through the 102nd Legislature Second Regular Session (2012)



Chapter 1. Offenses Against the Family

Tags:16 IN (2.1%)

IC 35-46-1-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-0.1 Repealed by P.L.63-2012, SEC.69, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-1


Effective: May 2, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-1 Definitions


Sec. 1. As used in this chapter:


“Dependent” means:


(1) an unemancipated person who is under eighteen (18) years of age; or


(2) a person of any age who has a mental or physical disability.


“Endangered adult” has the meaning set forth in IC 12-10-3-2.


“Support” means food, clothing, shelter, or medical care.


“Tobacco business” means a sole proprietorship, corporation, partnership, or other enterprise in which:


(1) the primary activity is the sale of tobacco, tobacco products, and tobacco accessories; and


(2) the sale of other products is incidental.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.84; P.L.185-1984, SEC.2; P.L.208-1986, SEC.1; P.L.41-1987, SEC.19; P.L.2-1992, SEC.881; P.L.256-1996, SEC.10; P.L.99-2007, SEC.210, eff. May 2, 2007.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-1.3


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-1.3 “Dissolvable tobacco product” defined


Sec. 1.3. As used in this chapter, “dissolvable tobacco product” means a smokeless tobacco product that dissolves in the mouth of the user.



CREDIT(S)


As added by P.L.10-2011, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-1.7


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-1.7 “Tobacco” defined


Sec. 1.7. As used in this chapter, “tobacco” includes:


(1) chewing tobacco;


(2) cigars, cigarettes, and snuff that contain tobacco;


(3) pipe tobacco; and


(4) a dissolvable tobacco product.



CREDIT(S)


As added by P.L.318-1987, SEC.2. Amended by P.L.10-2011, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-2 Bigamy


Sec. 2. (a) A person who, being married and knowing that his spouse is alive, marries again commits bigamy, a Class D felony.


(b) It is a defense that the accused person reasonably believed that he was eligible to remarry.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.85.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-3 Incest


Sec. 3. (a) A person eighteen (18) years of age or older who engages in sexual intercourse or deviate sexual conduct with another person, when the person knows that the other person is related to the person biologically as a parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew, commits incest, a Class C felony. However, the offense is a Class B felony if the other person is less than sixteen (16) years of age.


(b) It is a defense that the accused person's otherwise incestuous relation with the other person was based on their marriage, if it was valid where entered into.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.86; P.L.158-1987, SEC.5; P.L.79-1994, SEC.16.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-4


Effective: February 22, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-4 Neglect of a dependent; child selling


Sec. 4. (a) A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally:


(1) places the dependent in a situation that endangers the dependent's life or health;


(2) abandons or cruelly confines the dependent;


(3) deprives the dependent of necessary support; or


(4) deprives the dependent of education as required by law;


commits neglect of a dependent, a Class D felony.


(b) However, the offense is:


(1) a Class C felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and:


(A) results in bodily injury; or


(B) is:


(i) committed in a location where a person is violating IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug); or


(ii) the result of a violation of IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug);


(2) a Class B felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and results in serious bodily injury;


(3) a Class A felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) by a person at least eighteen (18) years of age and results in the death of a dependent who is less than fourteen (14) years of age; and


(4) a Class C felony if it is committed under subsection (a)(2) and consists of cruel confinement or abandonment that:


(A) deprives a dependent of necessary food, water, or sanitary facilities;


(B) consists of confinement in an area not intended for human habitation; or


(C) involves the unlawful use of handcuffs, a rope, a cord, tape, or a similar device to physically restrain a dependent.


(c) It is a defense to a prosecution based on an alleged act under this section that:


(1) the accused person left a dependent child who was, at the time the alleged act occurred, not more than thirty (30) days of age with an emergency medical provider who took custody of the child under IC 31-34-2.5 when:


(A) the prosecution is based solely on the alleged act of leaving the child with the emergency medical services provider; and


(B) the alleged act did not result in bodily injury or serious bodily injury to the child; or


(2) the accused person, in the legitimate practice of the accused person's religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to the accused person's dependent.


(d) Except for property transferred or received:


(1) under a court order made in connection with a proceeding under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5 or IC 31-6-5 before their repeal); or


(2) under section 9(b) of this chapter;


a person who transfers or receives any property in consideration for the termination of the care, custody, or control of a person's dependent child commits child selling, a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.87; Acts 1978, P.L.144, SEC.8; Acts 1980, P.L.208, SEC.1; Acts 1981, P.L.299, SEC.2; Acts 1981, P.L.301, SEC.3; P.L.1-1997, SEC.151; P.L.197-1999, SEC.6; P.L.133-2000, SEC.10; P.L.46-2004, SEC.1; P.L.26-2006, SEC.2; P.L.15-2007, SEC.1; P.L.109-2007, SEC.1; P.L.6-2012, SEC.227, eff. Feb. 22, 2012.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-5 Nonsupport of a dependent child


Sec. 5. (a) A person who knowingly or intentionally fails to provide support to the person's dependent child commits nonsupport of a child, a Class D felony. However, the offense is a Class C felony if the total amount of unpaid support that is due and owing for one (1) or more children is at least fifteen thousand dollars ($15,000).


(b) It is a defense that the child had abandoned the home of his family without the consent of his parent or on the order of a court, but it is not a defense that the child had abandoned the home of his family if the cause of the child's leaving was the fault of his parent.


(c) It is a defense that the accused person, in the legitimate practice of his religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to his dependent child.


(d) It is a defense that the accused person was unable to provide support.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.88; Acts 1978, P.L.144, SEC.9; P.L.213-1996, SEC.4; P.L.123-2001, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-6 Nonsupport of a spouse


Sec. 6. (a) A person who knowingly or intentionally fails to provide support to his spouse, when the spouse needs support, commits nonsupport of a spouse, a Class D felony.


(b) It is a defense that the accused person was unable to provide support.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.89; Acts 1978, P.L.144, SEC.10.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-7 Nonsupport of a parent


Sec. 7. (a) A person who knowingly or intentionally fails to provide support to his parent, when the parent is unable to support himself, commits nonsupport of a parent, a Class A misdemeanor.


(b) It is a defense that the accused person had not been supported by the parent during the time he was a dependent child under eighteen (18) years of age, unless the parent was unable to provide support.


(c) It is a defense that the accused person was unable to provide support.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.90; Acts 1978, P.L.144, SEC.11.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-8 Contributing to the delinquency of a minor


Sec. 8. (a) A person at least eighteen (18) years of age who knowingly or intentionally encourages, aids, induces, or causes a person less than eighteen (18) years of age to commit an act of delinquency (as defined by IC 31-37-1 or IC 31-37-2) commits contributing to delinquency, a Class A misdemeanor.


(b) However, the offense described in subsection (a) is a Class C felony:


(1) if:


(A) the person committing the offense is at least twenty-one (21) years of age and knowingly or intentionally furnishes:


(i) an alcoholic beverage to a person less than eighteen (18) years of age in violation of IC 7.1-5-7-8 when the person committing the offense knew or reasonably should have known that the person furnished the alcoholic beverage was less than eighteen (18) years of age; or


(ii) a controlled substance (as defined in IC 35-48-1-9) or a drug (as defined in IC 9-13-2-49.1) in violation of Indiana law; and


(B) the consumption, ingestion, or use of the alcoholic beverage, controlled substance, or drug is the proximate cause of the death of any person; or


(2) if the person committing the offense knowingly or intentionally encourages, aids, induces, or causes a person less than eighteen (18) years of age to commit an act that would be a felony if committed by an adult under any of the following:


(A) IC 35-48-4-1.


(B) IC 35-48-4-1.1.


(C) IC 35-48-4-2.


(D) IC 35-48-4-3.


(E) IC 35-48-4-4.


(F) IC 35-48-4-4.5.


(G) IC 35-48-4-4.6.


(H) IC 35-48-4-5.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.91; Acts 1978, P.L.144, SEC.12; Acts 1979, P.L.276, SEC.58; P.L.216-1996, SEC.24; P.L.1-1997, SEC.152; P.L.46-2004, SEC.2; P.L.2-2005, SEC.126, eff. April 25, 2005; P.L.1-2006, SEC.533, eff. Mar. 24, 2006; P.L.151-2006, SEC.18.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-9


Effective: March 19, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-9 Profiting from an adoption


Sec. 9. (a) Except as provided in subsection (b), a person who, with respect to an adoption, transfers or receives any property in connection with the waiver of parental rights, the termination of parental rights, the consent to adoption, or the petition for adoption commits profiting from an adoption, a Class D felony.


(b) This section does not apply to the transfer or receipt of:


(1) reasonable attorney's fees;


(2) hospital and medical expenses concerning childbirth and pregnancy incurred by the adopted person's birth mother;


(3) reasonable charges and fees levied by a child placing agency licensed under IC 31-27 or the department of child services;


(4) reasonable expenses for psychological counseling relating to adoption incurred by the adopted person's birth parents;


(5) reasonable costs of housing, utilities, and phone service for the adopted person's birth mother during the second or third trimester of pregnancy and not more than six (6) weeks after childbirth;


(6) reasonable costs of maternity clothing for the adopted person's birth mother;


(7) reasonable travel expenses incurred by the adopted person's birth mother that relate to the pregnancy or adoption;


(8) any additional itemized necessary living expenses for the adopted person's birth mother during the second or third trimester of pregnancy and not more than six (6) weeks after childbirth, not listed in subdivisions (5) through (7) in an amount not to exceed one thousand dollars ($1,000); or


(9) other charges and fees approved by the court supervising the adoption, including reimbursement of not more than actual wages lost as a result of the inability of the adopted person's birth mother to work at her regular, existing employment due to a medical condition, excluding a psychological condition, if:


(A) the attending physician of the adopted person's birth mother has ordered or recommended that the adopted person's birth mother discontinue her employment; and


(B) the medical condition and its direct relationship to the pregnancy of the adopted person's birth mother are documented by her attending physician.


In determining the amount of reimbursable lost wages, if any, that are reasonably payable to the adopted person's birth mother under subdivision (9), the court shall offset against the reimbursable lost wages any amounts paid to the adopted person's birth mother under subdivisions (5) and (8) and any unemployment compensation received by or owed to the adopted person's birth mother.


(c) Except as provided in this subsection, payments made under subsection (b)(5) through (b)(9) may not exceed three thousand dollars ($3,000) and must be disclosed to the court supervising the adoption. The amounts paid under subsection (b)(5) through (b)(9) may exceed three thousand dollars ($3,000) to the extent that a court in Indiana with jurisdiction over the child who is the subject of the adoption approves the expenses after determining that:


(1) the expenses are not being offered as an inducement to proceed with an adoption; and


(2) failure to make the payments may seriously jeopardize the health of either the child or the mother of the child and the direct relationship is documented by a licensed social worker or the attending physician.


(d) The payment limitation under subsection (c) applies to the total amount paid under subsection (b)(5) through (b)(9) in connection with an adoption from all prospective adoptive parents, attorneys, and licensed child placing agencies.


(e) An attorney or licensed child placing agency shall inform a birth mother of the penalties for committing adoption deception under section 9.5 of this chapter before the attorney or agency transfers a payment for adoption related expenses under subsection (b) in relation to the birth mother.


(f) The limitations in this section apply regardless of the state or country in which the adoption is finalized.



CREDIT(S)


As added by Acts 1980, P.L.208, SEC.2. Amended by P.L.117-1990, SEC.6; P.L.2-1992, SEC.882; P.L.81-1992, SEC.39; P.L.1-1993, SEC.241; P.L.4-1993, SEC.326; P.L.5-1993, SEC.333; P.L.226-1996, SEC.1; P.L.200-1999, SEC.32; P.L.130-2005, SEC.14; P.L.145-2006, SEC.371; P.L.146-2007, SEC.18; P.L.146-2008, SEC.683, eff. March 19, 2008.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-9.5


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-9.5 Adoption deception


Sec. 9.5. A person who is a birth mother, or a woman who holds herself out to be a birth mother, and who knowingly or intentionally benefits from adoption related expenses paid:


(1) when the person knows or should have known that the person is not pregnant;


(2) by or on behalf of a prospective adoptive parent who is unaware that at the same time another prospective adoptive parent is also paying adoption related expenses described under section 9(b) of this chapter in an effort to adopt the same child; or


(3) when the person does not intend to make an adoptive placement;


commits adoption deception, a Class A misdemeanor. In addition to any other penalty imposed under this section, a court may order the person who commits adoption deception to make restitution to a prospective adoptive parent, attorney, or licensed child placing agency that incurs an expense as a result of the offense.



CREDIT(S)


As added by P.L.200-1999, SEC.33. Amended by P.L.61-2003, SEC.21; P.L.146-2007, SEC.19.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-10


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-10 Sale or distribution of tobacco to minors; defenses


Sec. 10. (a) A person who knowingly:


(1) sells or distributes tobacco to a person less than eighteen (18) years of age; or


(2) purchases tobacco for delivery to another person who is less than eighteen (18) years of age;


commits a Class C infraction. For a sale to take place under this section, the buyer must pay the seller for the tobacco product.


(b) It is not a defense that the person to whom the tobacco was sold or distributed did not smoke, chew, or otherwise consume the tobacco.


(c) The following defenses are available to a person accused of selling or distributing tobacco to a person who is less than eighteen (18) years of age:


(1) The buyer or recipient produced a driver's license bearing the purchaser's or recipient's photograph, showing that the purchaser or recipient was of legal age to make the purchase.


(2) The buyer or recipient produced a photographic identification card issued under IC 9-24-16-1, or a similar card issued under the laws of another state or the federal government, showing that the purchaser or recipient was of legal age to make the purchase.


(3) The appearance of the purchaser or recipient was such that an ordinary prudent person would believe that the purchaser or recipient was not less than the age that complies with regulations promulgated by the federal Food and Drug Administration.


(d) It is a defense that the accused person sold or delivered the tobacco to a person who acted in the ordinary course of employment or a business concerning tobacco:


(1) agriculture;


(2) processing;


(3) transporting;


(4) wholesaling; or


(5) retailing.


(e) As used in this section, “distribute” means to give tobacco to another person as a means of promoting, advertising, or marketing the tobacco to the general public.


(f) Unless a person buys or receives tobacco under the direction of a law enforcement officer as part of an enforcement action, a person who sells or distributes tobacco is not liable for a violation of this section unless the person less than eighteen (18) years of age who bought or received the tobacco is issued a citation or summons under section 10.5 of this chapter.


(g) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).



CREDIT(S)


As added by Acts 1980, P.L.209, SEC.1. Amended by P.L.330-1983, SEC.1; P.L.318-1987, SEC.3; P.L.125-1988, SEC.4; P.L.177-1999, SEC.10; P.L.1-2001, SEC.37; P.L.204-2001, SEC.65; P.L.252-2003, SEC.17.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-10.1


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-10.1 Sale or distribution of alcoholic beverage to a minor


Sec. 10.1. (a) If a permit holder or an agent or employee of a permit holder violates IC 7.1-5-7-8 on the licensed premises, in addition to any other penalty, a civil judgment may be imposed against the permit holder as follows:


(1) If the licensed premises at that specific business location has not been issued a citation or summons for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to two hundred dollars ($200).


(2) If the licensed premises at that specific business location has had one (1) citation or summons for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to four hundred dollars ($400).


(3) If the licensed premises at that specific business location has had two (2) citations or summonses for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to seven hundred dollars ($700).


(4) If the licensed premises at that specific business location has had three (3) or more citations or summonses for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to one thousand dollars ($1,000).


(b) The defenses set forth in IC 7.1-5-7-5.1 are available to a permit holder in an action under this section.


(c) Unless a person less than twenty-one (21) years of age buys or receives an alcoholic beverage under the direction of a law enforcement officer as part of an enforcement action, a permit holder that sells alcoholic beverages is not liable under this section unless the person less than twenty-one (21) years of age who bought or received the alcoholic beverage is charged for violating IC 7.1-5-7-7.


(d) All civil penalties collected under this section shall be deposited in the alcohol and tobacco commission's enforcement and administration fund under IC 7.1-4-10.



CREDIT(S)


As added by P.L.94-2008, SEC.61.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-10.2


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-10.2 Retail establishment's sale or distribution of tobacco to minors; defenses


Sec. 10.2. (a) A retail establishment that sells or distributes tobacco to a person less than eighteen (18) years of age commits a Class C infraction. For a sale to take place under this section, the buyer must pay the retail establishment for the tobacco product. Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction committed under this section must be imposed as follows:


(1) If the retail establishment at that specific business location has not been issued a citation or summons for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to two hundred dollars ($200).


(2) If the retail establishment at that specific business location has had one (1) citation or summons issued for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to four hundred dollars ($400).


(3) If the retail establishment at that specific business location has had two (2) citations or summonses issued for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to seven hundred dollars ($700).


(4) If the retail establishment at that specific business location has had three (3) or more citations or summonses issued for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to one thousand dollars ($1,000).


A retail establishment may not be issued a citation or summons for a violation of this section more than once every twenty-four (24) hours for each specific business location.


(b) It is not a defense that the person to whom the tobacco was sold or distributed did not smoke, chew, or otherwise consume the tobacco.


(c) The following defenses are available to a retail establishment accused of selling or distributing tobacco to a person who is less than eighteen (18) years of age:


(1) The buyer or recipient produced a driver's license bearing the purchaser's or recipient's photograph showing that the purchaser or recipient was of legal age to make the purchase.


(2) The buyer or recipient produced a photographic identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government showing that the purchaser or recipient was of legal age to make the purchase.


(3) The appearance of the purchaser or recipient was such that an ordinary prudent person would believe that the purchaser or recipient was not less than the age that complies with regulations promulgated by the federal Food and Drug Administration.


(d) It is a defense that the accused retail establishment sold or delivered the tobacco to a person who acted in the ordinary course of employment or a business concerning tobacco:


(1) agriculture;


(2) processing;


(3) transporting;


(4) wholesaling; or


(5) retailing.


(e) As used in this section, “distribute” means to give tobacco to another person as a means of promoting, advertising, or marketing the tobacco to the general public.


(f) Unless a person buys or receives tobacco under the direction of a law enforcement officer as part of an enforcement action, a retail establishment that sells or distributes tobacco is not liable for a violation of this section unless the person less than eighteen (18) years of age who bought or received the tobacco is issued a citation or summons under section 10.5 of this chapter.


(g) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).


(h) A person who violates subsection (a) at least six (6) times in any one hundred eighty (180) day period commits habitual illegal sale of tobacco, a Class B infraction.



CREDIT(S)


As added by P.L.177-1999, SEC.11. Amended by P.L.14-2000, SEC.72; P.L.1-2001, SEC.38; P.L.250-2003, SEC.17; P.L.252-2003, SEC.18; P.L.94-2008, SEC.62.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-10.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-10.5 Purchase, acceptance, or possession of tobacco; defenses


Sec. 10.5. (a) A person less than eighteen (18) years of age who:


(1) purchases tobacco;


(2) accepts tobacco for personal use; or


(3) possesses tobacco on his person;


commits a Class C infraction.


(b) It is a defense under subsection (a) that the accused person acted in the ordinary course of employment in a business concerning tobacco:


(1) agriculture;


(2) processing;


(3) transporting;


(4) wholesaling; or


(5) retailing.



CREDIT(S)


As added by P.L.125-1988, SEC.5. Amended by P.L.256-1996, SEC.13.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-11


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-11 Retail sale of tobacco; warning notices to minors and pregnant women required; failure to post; offenses


Sec. 11. (a) A tobacco vending machine that is located in a public place must bear the following conspicuous notices:


(1) A notice:


(A) that reads as follows, with the capitalization indicated: “If you are under 18 years of age, YOU ARE FORBIDDEN by Indiana law to buy tobacco from this machine.”; or


(B) that:


(i) conveys a message substantially similar to the message described in clause (A); and


(ii) is formatted with words and in a form authorized under the rules adopted by the alcohol and tobacco commission.


(2) A notice that reads as follows, “Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.”


(3) A notice printed in letters and numbers at least one-half (   1/

 
2 ) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the state department of health.

(b) A person who owns or has control over a tobacco vending machine in a public place and who:


(1) fails to post a notice required by subsection (a) on the vending machine; or


(2) fails to replace a notice within one (1) month after it is removed or defaced;


commits a Class C infraction.


(c) An establishment selling tobacco at retail shall post and maintain in a conspicuous place, at the point of sale, the following:


(1) Signs printed in letters at least one-half (   1/

 
2 ) inch high, reading as follows:

(A) “The sale of tobacco to persons under 18 years of age is forbidden by Indiana law.”


(B) “Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.”


(2) A sign printed in letters and numbers at least one-half (   1/

 
2 ) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the state department of health.

(d) A person who:


(1) owns or has control over an establishment selling tobacco at retail; and


(2) fails to post and maintain the sign required by subsection (c);


commits a Class C infraction.



CREDIT(S)


As added by P.L.330-1983, SEC.2. Amended by P.L.318-1987, SEC.4; P.L.204-2001, SEC.66; P.L.94-2008, SEC.63.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-11.2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-11.2 Operation of tobacco business near school prohibited


Sec. 11.2. (a) This section does not apply to a tobacco business:


(1) operating as a tobacco business before April 1, 1996; or


(2) that begins operating as a tobacco business after April 1, 1996, if at the time the tobacco business begins operation the tobacco business is not located in an area prohibited under this section.


(b) A person may not operate a tobacco business within two hundred (200) feet of a public or private elementary or secondary school, as measured between the nearest point of the premises occupied by the tobacco business and the nearest point of a building used by the school for instructional purposes.


(c) A person who violates this section commits a Class C misdemeanor.



CREDIT(S)


As added by P.L.256-1996, SEC.11.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-11.3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-11.3 Repealed


(Repealed by P.L.250-2003, SEC.19.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-11.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-11.5 Coin machines for sale or distribution of tobacco


Sec. 11.5. (a) Except for a coin machine that is placed in or directly adjacent to an entranceway or an exit, or placed in a hallway, a restroom, or another common area that is accessible to persons who are less than eighteen ( 18) years of age, this section does not apply to a coin machine that is located in the following:


(1) That part of a licensed premises (as defined in IC 7.1-1-3-20) where entry is limited to persons who are at least eighteen (18) years of age.


(2) Private industrial or office locations that are customarily accessible only to persons who are at least eighteen (18) years of age.


(3) Private clubs if the membership is limited to persons who are at least eighteen (18) years of age.


(4) Riverboats where entry is limited to persons who are at least twenty- one (21) years of age and on which lawful gambling is authorized.


(b) As used in this section, “coin machine” has the meaning set forth in IC 35-43-5-1.


(c) Except as provided in subsection (a), an owner of a retail establishment may not:


(1) distribute or sell tobacco by use of a coin machine; or


(2) install or maintain a coin machine that is intended to be used for the sale or distribution of tobacco.


(d) An owner of a retail establishment who violates this section commits a Class C infraction. A citation or summons issued under this section must provide notice that the coin machine must be moved within two (2) business days. Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction committed under this section must be imposed as follows:


(1) If the owner of the retail establishment has not been issued a citation or summons for a violation of this section in the previous ninety (90) days, a civil penalty of fifty dollars ($50).


(2) If the owner of the retail establishment has had one (1) citation or summons issued for a violation of this section in the previous ninety (90) days, a civil penalty of two hundred fifty dollars ($250).


(3) If the owner of the retail establishment has had two (2) citations or summonses issued for a violation of this section in the previous ninety (90) days for the same machine, the coin machine shall be removed or impounded by a law enforcement officer having jurisdiction where the violation occurs.


An owner of a retail establishment may not be issued a citation or summons for a violation of this section more than once every two (2) business days for each business location.


(e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund established under IC 7.1-6-2-6.



CREDIT(S)


As added by P.L.49-1990, SEC.20. Amended by P.L.177-1999, SEC.13; P.L.14-2000, SEC.73; P.L.1-2001, SEC.40; P.L.252-2003, SEC.20.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-11.7


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-11.7 Minors prohibited from entering retail establishment that primarily sells tobacco products; notices to be posted at entrances; violations; penalties


Sec. 11.7. (a) A retail establishment that has as its primary purpose the sale of tobacco products may not allow an individual who is less than eighteen (18) years of age to enter the retail establishment.


(b) An individual who is less than eighteen (18) years of age may not enter a retail establishment described in subsection (a).


(c) A retail establishment described in subsection (a) must conspicuously post on all entrances to the retail establishment the following:


(1) A sign in boldface type that states “NOTICE: It is unlawful for a person less than 18 years old to enter this store.”.


(2) A sign printed in letters and numbers at least one-half (   1/

 
2 ) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the state department of health.

(d) A person who violates this section commits a Class C infraction. Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction committed under this section must be imposed as follows:


(1) If the person has not been cited for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to two hundred dollars ($200).


(2) If the person has had one (1) violation in the previous one hundred eighty (180) days, a civil penalty of up to four hundred dollars ($400).


(3) If the person has had two (2) violations in the previous one hundred eighty (180) days, a civil penalty of up to seven hundred dollars ($700).


(4) If the person has had three (3) or more violations in the previous one hundred eighty (180) days, a civil penalty of up to one thousand dollars ($1,000).


A person may not be cited more than once every twenty-four (24) hours.


(e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund established under IC 7.1-6-2-6.


(f) A person who violates subsection (a) at least six (6) times in any one hundred eighty (180) day period commits habitual illegal entrance by a minor, a Class B infraction.



CREDIT(S)


As added by P.L.177-1999, SEC.14. Amended by P.L.14-2000, SEC.74; P.L.1-2001, SEC.41; P.L.252-2003, SEC.21; P.L.94-2008, SEC.64.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-11.8


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-11.8 Self-service displays for sale or distribution of tobacco


Sec. 11.8. (a) As used in this section, “self-service display” means a display that contains tobacco in an area where a customer:


(1) is permitted; and


(2) has access to the tobacco without assistance from a sales person.


(b) This section does not apply to a self-service display located in a retail establishment that:


(1) has a primary purpose to sell tobacco; and


(2) prohibits entry by persons who are less than eighteen (18) years of age.


(c) The owner of a retail establishment that sells or distributes tobacco through a self-service display, other than a coin operated machine operated under IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.


(d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).



CREDIT(S)


As added by P.L.37-2007, SEC.1. Amended by P.L.10-2011, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-12


Effective: March 19, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-12 Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification


Sec. 12. (a) Except as provided in subsection (b), a person who recklessly, knowingly, or intentionally exerts unauthorized use of the personal services or the property of:


(1) an endangered adult; or


(2) a dependent eighteen (18) years of age or older;


for the person's own profit or advantage or for the profit or advantage of another person commits exploitation of a dependent or an endangered adult, a Class A misdemeanor.


(b) The offense described in subsection (a) is a Class D felony if:


(1) the fair market value of the personal services or property is more than ten thousand dollars ($10,000); or


(2) the endangered adult or dependent is at least sixty (60) years of age.


(c) Except as provided in subsection (d), a person who recklessly, knowingly, or intentionally deprives an endangered adult or a dependent of the proceeds of the endangered adult's or the dependent's benefits under the Social Security Act or other retirement program that the division of family resources has budgeted for the endangered adult's or dependent's health care commits financial exploitation of an endangered adult or a dependent, a Class A misdemeanor.


(d) The offense described in subsection (c) is a Class D felony if:


(1) the amount of the proceeds is more than ten thousand dollars ($10,000); or


(2) the endangered adult or dependent is at least sixty (60) years of age.


(e) It is not a defense to an offense committed under subsection (b)(2) or (d)(2) that the accused person reasonably believed that the endangered adult or dependent was less than sixty (60) years of age at the time of the offense.


(f) It is a defense to an offense committed under subsection (a), (b), or (c) if the accused person:


(1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of an endangered adult or a dependent; and


(2) was acting within the scope of the accused person's fiduciary responsibility.



CREDIT(S)


As added by Acts 1981, P.L.299, SEC.3. Amended by P.L.185-1984, SEC.3; P.L.37-1990, SEC.26; P.L.2-1992, SEC.883; P.L.4-1993, SEC.327; P.L.5-1993, SEC.334; P.L.145-2001, SEC.1; P.L.145-2006, SEC.372; P.L.146-2008, SEC.684, eff. March 19, 2008.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-13


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-13 Battery, neglect or exploitation of endangered adult; failure to report; unlawful disclosure; referrals; retaliation


Sec. 13. (a) A person who:


(1) believes or has reason to believe that an endangered adult is the victim of battery, neglect, or exploitation as prohibited by this chapter, IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E); and


(2) knowingly fails to report the facts supporting that belief to the division of disability and rehabilitative services, the division of aging, the adult protective services unit designated under IC 12-10-3, or a law enforcement agency having jurisdiction over battery, neglect, or exploitation of an endangered adult;


commits a Class B misdemeanor.


(b) An officer or employee of the division or adult protective services unit who unlawfully discloses information contained in the records of the division of aging under IC 12-10-3-12 through IC 12-10-3-15 commits a Class C infraction.


(c) A law enforcement agency that receives a report that an endangered adult is or may be a victim of battery, neglect, or exploitation as prohibited by this chapter, IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E) shall immediately communicate the report to the adult protective services unit designated under IC 12-10-3.


(d) An individual who discharges, demotes, transfers, prepares a negative work performance evaluation, reduces benefits, pay, or work privileges, or takes other action to retaliate against an individual who in good faith makes a report under IC 12-10-3-9 concerning an endangered individual commits a Class A infraction.



CREDIT(S)


As added by Acts 1981, P.L.299, SEC.4. Amended by P.L.185-1984, SEC.4; P.L.39-1985, SEC.3; P.L.41-1987, SEC.20; P.L.42-1987, SEC.14; P.L.2-1992, SEC.884; P.L.4-1993, SEC.328; P.L.5-1993, SEC.335; P.L.2-1997, SEC.75; P.L.281-2003, SEC.4; P.L.141-2006, SEC.112; P.L.153-2011, SEC.19.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-14


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-14 Reporting or documenting battery, neglect or exploitation; immunity from civil or criminal liability


Sec. 14. Any person acting in good faith who:


(1) makes or causes to be made a report of neglect, battery, or exploitation under this chapter, IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E);


(2) makes or causes to be made photographs or x-rays of a victim of suspected neglect or battery of an endangered adult or a dependent eighteen (18) years of age or older; or


(3) participates in any official proceeding or a proceeding resulting from a report of neglect, battery, or exploitation of an endangered adult or a dependent eighteen (18) years of age or older relating to the subject matter of that report;


is immune from any civil or criminal liability that might otherwise be imposed because of these actions. However, this section does not apply to a person accused of neglect, battery, or exploitation of an endangered adult or a dependent eighteen (18) years of age or older.



CREDIT(S)


As added by Acts 1981, P.L.299, SEC.5. Amended by P.L.185-1984, SEC.5; P.L.2-1997, SEC.76; P.L.2-1998, SEC.81; P.L.2-2005, SEC.127, eff. April 25, 2005.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-15


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-15 Repealed


(Repealed by P.L.1-1991, SEC.200.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-15.1


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-15.1 Invasion of privacy


Sec. 15.1. A person who knowingly or intentionally violates:


(1) a protective order to prevent domestic or family violence issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);


(2) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);


(3) a workplace violence restraining order issued under IC 34-26-6;


(4) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;


(5) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;


(6) a no contact order issued as a condition of probation;


(7) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);


(8) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;


(9) a no contact order issued under IC 31-34-25 in a child in need of services proceeding or under IC 31-37-25 in a juvenile delinquency proceeding;


(10) an order issued in another state that is substantially similar to an order described in subdivisions (1) through (9);


(11) an order that is substantially similar to an order described in subdivisions (1) through (9) and is issued by an Indian:


(A) tribe;


(B) band;


(C) pueblo;


(D) nation; or


(E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);


that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;


(12) an order issued under IC 35-33-8-3.2; or


(13) an order issued under IC 35-38-1-30;


commits invasion of privacy, a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction for an offense under this section.



CREDIT(S)


As added by P.L.1-1991, SEC.201. Amended by P.L.49-1993, SEC.14; P.L.242-1993, SEC.5; P.L.1-1994, SEC.170; P.L.23-1994, SEC.17; P.L.303-1995, SEC.1; P.L.1-1997, SEC.153; P.L.37-1997, SEC.3; P.L.1-1998, SEC.199; P.L.1-2001, SEC.42; P.L.280-2001, SEC.53; P.L.1-2002, SEC.150; P.L.133-2002, SEC.67; P.L.104-2008, SEC.22; P.L.94-2010, SEC.12.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-16


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-16 Invasion of privacy convictions; record of persons protected by orders


Sec. 16. The law enforcement agency with custody of a person who is sentenced to a term of imprisonment of more than ten (10) days following conviction of a crime under section 15.1 of this chapter shall maintain a confidential record of the:


(1) name;


(2) address; and


(3) telephone number;


of each person that the person convicted under section 15.1 of this chapter is required to refrain from direct or indirect contact with under an order described by section 15.1 of this chapter.



CREDIT(S)


As added by P.L.53-1989, SEC.10. Amended by P.L.1-1991, SEC.202.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-17


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-17 Persons convicted of invasion of privacy; denial of access to protective order information


Sec. 17. A person convicted of a crime under section 15.1 of this chapter may not have access to the information maintained under section 16 of this chapter.



CREDIT(S)


As added by P.L.53-1989, SEC.11. Amended by P.L.1-1991, SEC.203.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-18


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-18 Invasion of privacy convictions; release and hearings; notice to persons protected by orders


Sec. 18. The law enforcement agency having custody of a person who is sentenced to a term of imprisonment of more than ten (10) days following conviction of a crime under section 15.1 of this chapter shall:


(1) provide each person described in section 16 of this chapter with written notification of:


(A) the release of a person convicted of a crime under section 15.1 of this chapter; and


(B) the date, time, and place of any substantive hearing concerning a violation of section 15.1 of this chapter by a person who is sentenced to a term of imprisonment of more than ten (10) days following conviction of a crime under section 15.1 of this chapter; and


(2) attempt to notify each person described in section 16 of this chapter by telephone to provide the information described in subdivision (1).



CREDIT(S)


As added by P.L.53-1989, SEC.12. Amended by P.L.1-1991, SEC.204.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-19


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-19 Invasion of privacy convictions; time of notice to persons protected by orders


Sec. 19. The law enforcement agency shall:


(1) provide written notice; and


(2) attempt notification by telephone;


under section 18 of this chapter at least twenty-four (24) hours before the release or hearing.



CREDIT(S)


As added by P.L.53-1989, SEC.13.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-20


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-20 Enforcement of foreign protection orders


Sec. 20. A law enforcement officer shall enforce a foreign protection order (as defined in IC 34-6-2-48.5) in conformity with the procedures in IC 34-26-5-17.



CREDIT(S)


As added by P.L.280-2001, SEC.54. Amended by P.L.133-2002, SEC.68.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-21


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-21 Unauthorized adoption advertising


Sec. 21. (a) Only a person that is an attorney licensed to practice law or a child placing agency licensed under the laws of Indiana may place a paid advertisement or paid listing of the person's telephone number, on the person's own behalf, in a telephone directory that:


(1) a child is offered or wanted for adoption; or


(2) the person is able to place, locate, or receive a child for adoption.


(b) A person that publishes a telephone directory that is distributed in Indiana:


(1) shall include, at the beginning of any classified heading for adoption and adoption services, a statement that informs directory users that only attorneys licensed to practice law and licensed child placing agencies may legally provide adoption services under Indiana law; and


(2) may publish an advertisement described in subsection (a) in the telephone directory only if the advertisement contains the following:


(A) For an attorney licensed to practice law in Indiana, the person's attorney number.


(B) For a child placing agency licensed under the laws of Indiana, the number on the person's child placing agency license.


(c) A person who knowingly or intentionally violates subsection (a) commits unauthorized adoption advertising, a Class A misdemeanor.



CREDIT(S)


As added by P.L.146-2007, SEC.20. Amended by P.L.21-2010, SEC.10.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-46-1-22


Effective: April 15, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 46. Miscellaneous Offenses

Chapter 1. Offenses Against the Family (Refs & Annos)

35-46-1-22 Unauthorized adoption facilitation


Sec. 22. (a) As used in this section, “adoption services” means at least one (1) of the following services that is provided for compensation, an item of value, or reimbursement, either directly or indirectly, and provided either before or after the services are rendered:


(1) Arranging for the placement of a child.


(2) Identifying a child for adoption.


(3) Matching adoptive parents with biological parents.


(4) Arranging or facilitating an adoption.


(5) Taking or acknowledging consents or surrenders for termination of parental rights for adoption purposes.


(6) Performing background studies on:


(A) a child who is going to be adopted; or


(B) adoptive parents.


(7) Making determinations concerning the best interests of a child and the appropriateness in placing the child for adoption.


(8) Postplacement monitoring of a child before the child is adopted.


(b) As used in this section, the term “adoption services” does not include the following:


(1) Legal services provided by an attorney licensed in Indiana.


(2) Adoption related services provided by a governmental entity or a person appointed to perform an investigation by the court.


(3) General education and training on adoption issues.


(4) Postadoption services, including supportive services to families to promote the well-being of members of adoptive families or birth families.


(c) Subsection (d) does not apply to the following persons:


(1) The department of child services, an agency or person authorized to act on behalf of the department of child services, or a similar agency or county office with similar responsibilities in another state.


(2) The division of family resources, an agency or person authorized to act on behalf of the division of family resources, or a similar agency or county office with similar responsibilities in another state.


(3) A child placing agency licensed under the laws of Indiana.


(4) An attorney licensed to practice law in Indiana.


(5) A prospective biological parent or adoptive parent acting on the individual's own behalf.


(d) A person who knowingly or intentionally provides, engages in, or facilitates adoption services to a birth parent who lives in Indiana commits unauthorized adoption facilitation, a Class A misdemeanor.


(e) Subsection (f) does not apply to the following persons:


(1) The department of child services, an agency or person authorized to act on behalf of the department of child services, or a similar agency or county office with similar responsibilities in another state.


(2) The division of family resources, an agency or person authorized to act on behalf of the division of family resources, or a similar agency or county office with similar responsibilities in another state.


(3) A child placing agency licensed under the laws of Indiana or another state.


(4) An attorney licensed to practice law in Indiana or another state.


(5) A prospective biological parent or adoptive parent acting on the individual's own behalf.


(f) A person who knowingly or intentionally provides, engages in, or facilitates adoption services to a prospective adoptive parent who lives in Indiana commits unauthorized adoption facilitation, a Class A misdemeanor.



CREDIT(S)


As added by P.L.146-2007, SEC.21. Amended by P.L.146-2008, SEC.685, eff. March 19, 2008; P.L.21-2010, SEC.11; P.L.31-2011, SEC.1, eff. April 15, 2011.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.


Chapter 28. Crimes and Punishments

Tags:37 NE (0.6%)

Neb.Rev.St. § 28-311

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(a) General Provisions

28-311. Criminal child enticement; attempt; penalties


(1)(a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure or attempt to solicit, coax, entice, or lure any child under the age of fourteen years to enter into any vehicle, whether or not the person knows the age of the child.


(b) No person, by any means and without privilege to do so, shall solicit, coax, entice, or lure or attempt to solicit, coax, entice, or lure any child under the age of fourteen years to enter into any place with the intent to seclude the child from his or her parent, guardian, or other legal custodian or the general public, whether or not the person knows the age of the child. For purposes of this subdivision, seclude means to take, remove, hide, secrete, conceal, isolate, or otherwise unlawfully separate.


(2) It is an affirmative defense to a charge under this section that:


(a) The person had the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity;


(b)(i) The person is a law enforcement officer, emergency services provider as defined in section 71-507, firefighter, or other person who regularly provides emergency services, is the operator of a bookmobile or other such vehicle operated by the state or a political subdivision and used for informing, educating, organizing, or transporting children, is a paid employee of, or a volunteer for, a nonprofit or religious organization which provides activities for children, or is an employee or agent of or a volunteer acting under the direction of any board of education and (ii) the person listed in subdivision (2)(b)(i) of this section was, at the time the person undertook the activity, acting within the scope of his or her lawful duties in that capacity; or


(c) The person undertook the activity in response to a bona fide emergency situation or the person undertook the activity in response to a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.


(3) Any person who violates this section commits criminal child enticement and is guilty of a Class IIIA felony. If such person has previously been convicted of (a) criminal child enticement under this section, (b) sexual assault of a child in the first degree under section 28-319.01, (c) sexual assault of a child in the second or third degree under section 28-320.01, (d) child enticement by means of an electronic communication device under section 28-320.02, or (e) assault under section 28-308, 28-309, or 28-310, kidnapping under section 28-313, or false imprisonment under section 28-314 or 28-315 when the victim was under eighteen years of age when such person violates this section, such person is guilty of a Class III felony.


CREDIT(S)


Laws 1999, LB 49, § 2; Laws 2006, LB 1199, § 3; Laws 2009, LB 97, § 10, eff. May 21, 2009; Laws 2011, LB 665, § 1, eff. May 12, 2011.


 

Current through the 102nd Legislature Second Regular Session (2012)


Chapter 28. Crimes and Punishments

Tags:37 NE (0.6%)


Neb.Rev.St. § 28-349

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-349. Legislative intent


The Legislature recognizes the need for the investigation and provision of services to certain persons who are substantially impaired and are unable to protect themselves from abuse, neglect, or exploitation. Often such persons cannot find others able or willing to render assistance. The Legislature intends through the Adult Protective Services Act to establish a program designed to fill this need and to assure the availability of the program to all eligible persons. It is also the intent of the Legislature to authorize the least restriction possible on the exercise of personal and civil rights consistent with the person's need for services.


CREDIT(S)


Laws 1988, LB 463, § 2; Laws 2012, LB 1051, § 2, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-350

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-350. Definitions, where found


For purposes of the Adult Protective Services Act, unless the context otherwise requires, the definitions found in sections 28-351 to 28-371 shall be used.


CREDIT(S)


Laws 1988, LB 463, § 3; Laws 2012, LB 1051, § 3, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-351

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-351. Abuse, defined


Abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult.


CREDIT(S)


Laws 1988, LB 463, § 4; Laws 2012, LB 1051, § 4, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-352

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-352. Adult protective services, defined


Adult protective services means those services provided by the department for the prevention, correction, or discontinuance of abuse, neglect, or exploitation. Such services shall be those necessary and appropriate under the circumstances to protect an abused, neglected, or exploited vulnerable adult, ensure that the least restrictive alternative is provided, prevent further abuse, neglect, or exploitation, and promote self-care and independent living. Such services shall include, but not be limited to: (1) Receiving and investigating reports of alleged abuse, neglect, or exploitation; (2) developing social service plans; (3) arranging for the provision of services such as medical care, mental health care, legal services, fiscal management, housing, or home health care; (4) arranging for the provision of items such as food, clothing, or shelter; and (5) arranging or coordinating services for caregivers.


CREDIT(S)


Laws 1988, LB 463, § 5; Laws 2012, LB 1051, § 5, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-353

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-353. Caregiver, defined


Caregiver shall mean any person or entity which has assumed the responsibility for the care of a vulnerable adult voluntarily, by express or implied contract, or by order of a court of competent jurisdiction.


CREDIT(S)


Laws 1988, LB 463, § 6.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-354

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-354. Cruel punishment, defined


Cruel punishment shall mean punishment which intentionally causes physical injury to a vulnerable adult.


CREDIT(S)


Laws 1988, LB 463, § 7.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-355

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-355. Transferred to § 28-361.01


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-356

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-356. Department, defined


Department shall mean the Department of Health and Human Services.


CREDIT(S)


Laws 1988, LB 463, § 9; Laws 1996, LB 1044, § 65; Laws 2006, LB 994, § 51; Laws 2007, LB 296, § 31.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-357

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-357. Essential services, defined


Essential services shall mean those services necessary to safeguard the person or property of a vulnerable adult. Such services shall include, but not be limited to, sufficient and appropriate food and clothing, temperate and sanitary shelter, treatment for physical needs, and proper supervision.


CREDIT(S)


Laws 1988, LB 463, § 10.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-358

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-358. Exploitation, defined


Exploitation means the taking of property of a vulnerable adult by any person by means of undue influence, breach of a fiduciary relationship, deception, or extortion or by any unlawful means.


CREDIT(S)


Laws 1988, LB 463, § 11; Laws 2012, LB 1051, § 6, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-359

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-359. Law enforcement agency, defined


Law enforcement agency shall mean the police department or the town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol.


CREDIT(S)


Laws 1988, LB 463, § 12.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-360

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-360. Least restrictive alternative, defined


Least restrictive alternative shall mean adult protective services provided in a manner no more restrictive of a vulnerable adult's liberty and no more intrusive than necessary to achieve and ensure essential services.


CREDIT(S)


Laws 1988, LB 463, § 13.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-361

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-361. Living independently, defined


Living independently shall include, but not be limited to, using the telephone, shopping, preparing food, housekeeping, and administering medications.


CREDIT(S)


Laws 1988, LB 463, § 14.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-361.01

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-361.01. Denial of essential services, defined


Neglect means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.


CREDIT(S)


Laws 1988, LB 463, § 8; Laws 2012, LB 1051, § 7, eff. July 19, 2012.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-362

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-362. Permit, defined


Permit shall mean to allow a vulnerable adult over whom one has a proximate or direct degree of control to perform an act or acts or be in a situation which the controlling person could have prevented by the reasonable exercise of such control.


CREDIT(S)


Laws 1988, LB 463, § 15.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-363

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-363. Physical injury, defined


Physical injury shall mean damage to bodily tissue caused by nontherapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and shall include, but not be limited to, physical pain, illness, or impairment of physical function.


CREDIT(S)


Laws 1988, LB 463, § 16.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-364

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-364. Proper supervision, defined


Proper supervision shall mean care and control of a vulnerable adult which a reasonable and prudent person would exercise under similar facts and circumstances.


CREDIT(S)


Laws 1988, LB 463, § 17.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-365

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-365. Registry, defined


Registry shall mean the Adult Protective Services Central Registry established by section 28-376.


CREDIT(S)


Laws 1988, LB 463, § 18.


 

Current through the 102nd Legislature Second Regular Session (2012)




Neb.Rev.St. § 28-366

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-366. Self-care, defined


Self-care shall include, but not be limited to, personal hygiene, eating, and dressing.


CREDIT(S)


Laws 1988, LB 463, § 19.


 

Current through the 102nd Legislature Second Regular Session (2012)


Part 6. Offenses Against the Family

Tags:44 MT (0.3%)

MCA 45-5-601

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-601. Prostitution


(1) A person commits the offense of prostitution if the person engages in or agrees or offers to engage in sexual intercourse with another person for compensation, whether the compensation is received or to be received or paid or to be paid.


(2)(a) A prostitute convicted of prostitution shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(b) Except as provided in subsection (3), a prostitute's client who is convicted of prostitution shall for the first offense be fined an amount not to exceed $1,000 or be imprisoned for a term not to exceed 1 year, or both, and for a second or subsequent offense shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 5 years, or both.


(3)(a) If the prostitute was 12 years of age or younger and the prostitute's client was 18 years of age or older at the time of the offense, the offender:


(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (3)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(ii) may be fined an amount not to exceed $50,000; and


(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


CREDIT(S)


Enacted 94-5-602 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 80, § 1; Revised Code of Montana 1947, 94-5-602; amended by Laws 2001, ch. 312, § 2; amended by Laws 2007, ch. 483, § 8.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-602

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-602. Promoting prostitution


(1) A person commits the offense of promoting prostitution if the person purposely or knowingly commits any of the following acts:


(a) owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others, a house of prostitution or a prostitution business;


(b) procures an individual for a house of prostitution or a place in a house of prostitution for an individual;


(c) encourages, induces, or otherwise purposely causes another to become or remain a prostitute;


(d) solicits clients for another person who is a prostitute;


(e) procures a prostitute for a patron;


(f) transports an individual into or within this state with the purpose to promote that individual's engaging in prostitution or procures or pays for transportation with that purpose;


(g) leases or otherwise permits a place controlled by the offender, alone or in association with others, to be regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate that use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or


(h) lives in whole or in part upon the earnings of an individual engaging in prostitution, unless the person is the prostitute's minor child or other legal dependent incapable of self-support.


(2) Except as provided in subsection (3), a person convicted of promoting prostitution shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.


(3)(a) If the prostitute was 12 years of age or younger and the prostitute's client was 18 years of age or older at the time of the offense, the offender:


(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (3)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(ii) may be fined an amount not to exceed $50,000; and


(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


CREDIT(S)


Enacted 94-5-603 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 2, § 2; Revised Code of Montana 1947, 94-5-603(part); amended by Laws 2001, ch. 312, § 3; amended by Laws 2007, ch. 483, § 9.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-603

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-603. Aggravated promotion of prostitution


(1) A person commits the offense of aggravated promotion of prostitution if the person purposely or knowingly commits any of the following acts:


(a) compels another to engage in or promote prostitution;


(b) promotes prostitution of a child under the age of 18 years, whether or not the person is aware of the child's age;


(c) promotes the prostitution of one's spouse, child, ward, or any person for whose care, protection, or support the person is responsible.


(2)(a) Except as provided in subsections (2)(b) and (2)(c), a person convicted of aggravated promotion of prostitution shall be punished by:


(i) life imprisonment; or


(ii) imprisonment in a state prison for a term not to exceed 20 years or a fine in an amount not to exceed $50,000, or both.


(b) Except as provided in 46-18-219 and 46-18-222, a person convicted of aggravated promotion of prostitution of a child, who at the time of the offense is under 18 years of age, shall be punished by:


(i) life imprisonment; or


(ii) imprisonment in a state prison for a term of not less than 4 years or more than 100 years or a fine in an amount not to exceed $100,000, or both.


(c)(i) If the prostitute was 12 years of age or younger and the prostitute's client was 18 years of age or older at the time of the offense, the offender:


(A) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (2)(c)(i)(A) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(B) may be fined an amount not to exceed $50,000; and


(C) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(ii) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


CREDIT(S)


Enacted 94-5-603 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 2, § 2; Revised Code of Montana 1947, 94-5-603(part); amended by Laws 1981, ch. 198, § 7; amended by Laws 2001, ch. 312, § 4; amended by Laws 2003, ch. 114, § 86; amended by Laws 2007, ch. 483, § 10.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-604

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-604. Evidence in cases of promotion


(1) On the issue of whether a place is a house of prostitution, the following, in addition to all other admissible evidence, must be admissible:


(a) its general repute;


(b) the repute of the persons who reside in or frequent the place; or


(c) the frequency, timing, and duration of visits by nonresidents.


(2) Testimony of a person against the person's spouse must be admissible under 45-5-602, 45-5-603, and this section.


CREDIT(S)


Enacted 94-5-603 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 2, § 2; Revised Code of Montana 1947, 94-5-603(4); amended by Laws 2009, ch. 56, § 1659, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-605

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-605 to 45-5-610. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-610

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-605 to 45-5-610. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-611

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-611. Bigamy


(1) A person commits the offense of bigamy if, while married, the person knowingly contracts or purports to contract another marriage unless at the time of the subsequent marriage:


(a) the offender believes on reasonable grounds that the prior spouse is dead;


(b) the offender and the prior spouse have been living apart for 5 consecutive years throughout which the prior spouse was not known by the offender to be alive;


(c) a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage and the offender does not know that judgment to be invalid; or


(d) the offender reasonably believes that the offender is legally eligible to remarry.


(2) A person convicted of bigamy shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-5-604 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-604. Amended by Laws 2009, ch. 56, § 1660, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-612

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-612. Marrying a bigamist


(1) A person commits the offense of marrying a bigamist if the person contracts or purports to contract a marriage with another knowing that the other is committing bigamy.


(2) A person convicted of the offense of marrying a bigamist shall be fined not to exceed $500 or be imprisoned in the county jail for any period not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-5-605 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-605. Amended by Laws 2009, ch. 56, § 1661, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-613

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-613. Renumbered as 45-5-507 by Code Commissioner, 1983


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-614

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-614 to 45-5-619. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-619

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-614 to 45-5-619. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-620

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-620. Repealed by Laws 2007, ch. 29, § 3


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-621

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-621. Nonsupport


(1) A person commits the offense of nonsupport if the person fails to provide support that the person can provide and that the person knows the person is legally obliged to provide to a spouse, child, or other dependent.


(2)(a) A person commits the offense of aggravated nonsupport if the person has:


(i) left the state without making reasonable provisions for the support of a spouse, child, or other dependent; or


(ii) been previously convicted of the offense of nonsupport.


(b) For purposes of this section, “conviction” means a conviction, as defined in 45-2-101, in this state, conviction for a violation of a statute similar to this section in another state, or a forfeiture of bail or collateral deposited to secure a person's appearance in court in this state or another state, which forfeiture has not been vacated.


(3) If a defense to the charge of nonsupport is inability to pay, the person's inability must be the result of circumstances over which the person had no control. In determining ability to pay, after an allowance for the person's minimal subsistence needs, the support of a spouse, child, or other dependent has priority over any other obligations of the person.


(4) When a person is ordered to pay support by a court or administrative agency with jurisdiction to enter the order, the support order is prima facie evidence of the person's legal obligation to provide support.


(5) Payment records maintained by the court or administrative agency that issued the support order are prima facie evidence of the amount of support paid and the arrearages that have accrued.


(6) It is not a defense to a charge of nonsupport that any other person, organization, or agency furnishes necessary food, clothing, shelter, medical attention, or other essential needs for the support of the spouse, child, or other dependent.


(7)(a) Except as provided in subsection (7)(b) or (7)(c), a person convicted of nonsupport shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.


(b) A person convicted of nonsupport who has failed to provide support under a court or administrative order for 6 months or more or who has failed to provide support in a cumulative amount equal to or in excess of 6 months' support shall be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 10 years, all but 2 years of which must be suspended, with the person placed on probation for the remainder of the imprisonment term, or both.


(c) A person convicted of aggravated nonsupport shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.


(8) Before trial with the consent of the defendant, on entry of a plea of guilty or nolo contendere, or after conviction, instead of the penalty provided in subsection (7) or in addition to that penalty, the defendant may post a bond, undertaking, or other security. This security must be for a period of 10 years. The court shall fix the sum of the security in an amount sufficient to ensure payment of support by the defendant. After the security is posted, the court shall release the defendant on the condition that the defendant comply with any order for support. If there is no order for support, the court shall order the defendant to pay support to the spouse, child, or other dependent in an amount that is consistent with the defendant's ability to pay and, if applicable, the child support guidelines adopted under 40-5-209.


(9) The bond, undertaking, or other security posted pursuant to subsection (8) is forfeited if the defendant fails to pay support as ordered, and the court may proceed to try the defendant upon the original charge of nonsupport, sentence the defendant under the original plea or conviction, or enforce a suspended sentence.


(10) As part of any prosecution under this section, the court shall also order the offender to make restitution to the spouse, the child's caretaker, or any other dependent or to the person or agency that provided support to the spouse, child, or other dependent. The amount of restitution is the sum of the arrearages payable under a support order or, if there is no support order, an amount determined reasonable by the court. The terms for payment of restitution must be determined by the court.


(11) The court may order, in its discretion, any fine levied or any bond forfeited upon a charge of nonsupport paid to or for the benefit of any person that the offender has failed to support. A bond, undertaking, or other security forfeited under subsection (9) must be paid to the person or agency entitled to receive support from the offender.


(12) When a payment of public assistance money has been made for the benefit of a child by the department of public health and human services under the provisions of Title 53, a representative of the department may sign a criminal complaint against the person obligated by law to support the child who received the public assistance.


(13) The court may order that a term of imprisonment imposed under this section be served in another facility made available by the county and approved by the sentencing court. The offender, if financially able, shall bear the expense of the imprisonment. The court may impose restrictions on the offender's ability to leave the premises of the facility and require that the defendant follow the rules of that facility. The facility may be a community-based prerelease center as provided for in 53-1-203. The prerelease center may accept or reject an offender referred by the sentencing court.


CREDIT(S)


Enacted 94-5-608 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 359, § 19; Revised Code of Montana 1947, 94-5-608; amended by Laws 1981, ch. 198, § 7; amended by Laws 1993, ch. 429, § 3; amended by Laws 1995, ch. 546, § 199; amended by Laws 1999, ch. 395, § 4; amended by Laws 2003, ch. 286, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-622

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-622. Endangering welfare of children


(1) A parent, guardian, or other person supervising the welfare of a child less than 18 years old commits the offense of endangering the welfare of children if the parent, guardian, or other person knowingly endangers the child's welfare by violating a duty of care, protection, or support.


(2) Except as provided in 16-6-305, a parent or guardian or any person who is 18 years of age or older, whether or not the parent, guardian, or other person is supervising the welfare of the child, commits the offense of endangering the welfare of children if the parent, guardian, or other person knowingly contributes to the delinquency of a child less than:


(a) 18 years old by:


(i) supplying or encouraging the use of an intoxicating substance by the child; or


(ii) assisting, promoting, or encouraging the child to enter a place of prostitution; or


(b) 16 years old by assisting, promoting, or encouraging the child to:


(i) abandon the child's place of residence without the consent of the child's parents or guardian; or


(ii) engage in sexual conduct.


(3) A person, whether or not the person is supervising the welfare of a child less than 18 years of age, commits the offense of endangering the welfare of children if the person, in the residence of a child, in a building, structure, conveyance, or outdoor location where a child might reasonably be expected to be present, in a room offered to the public for overnight accommodation, or in any multiple-unit residential building, knowingly:


(a) produces or manufactures methamphetamine or attempts to produce or manufacture methamphetamine;


(b) possesses any material, compound, mixture, or preparation that contains any combination of the items listed in 45-9-107 with intent to manufacture methamphetamine; or


(c) causes or permits a child to inhale, be exposed to, have contact with, or ingest methamphetamine or be exposed to or have contact with methamphetamine paraphernalia.


(4) A parent, guardian, or other person supervising the welfare of a child less than 16 years of age may verbally or in writing request a person who is 18 years of age or older and who has no legal right of supervision or control over the child to stop contacting the child if the requester believes that the contact is not in the child's best interests. If the person continues to contact the child, the parent, guardian, or other person supervising the welfare of the child may petition or the county attorney may upon the person's request petition for an order of protection under Title 40, chapter 15. To the extent that they are consistent with this subsection, the provisions of Title 40, chapter 15, apply. A person who purposely or knowingly violates an order of protection commits the offense of endangering the welfare of children and upon conviction shall be sentenced as provided in subsection (5)(a).


(5)(a) Except as provided in subsection (5)(b), a person convicted of endangering the welfare of children shall be fined an amount not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. A person convicted of a second offense of endangering the welfare of children shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


(b) A person convicted under subsection (3) is guilty of a felony and shall be imprisoned in the state prison for a term not to exceed 5 years and may be fined an amount not to exceed $10,000, or both. If a child suffers serious bodily injury, the offender shall be fined an amount not to exceed $25,000 or be imprisoned for a term not to exceed 10 years, or both. Prosecution or conviction of a violation of subsection (3) does not bar prosecution or conviction for any other crime committed by the offender as part of the same conduct.


(6) On the issue of whether there has been a violation of the duty of care, protection, and support, the following, in addition to all other admissible evidence, is admissible: cruel treatment; abuse; infliction of unnecessary and cruel punishment; abandonment; neglect; lack of proper medical care, clothing, shelter, and food; and evidence of past bodily injury.


(7) The court may order, in its discretion, any fine levied or any bond forfeited upon a charge of endangering the welfare of children paid to or for the benefit of the person or persons whose welfare the defendant has endangered.


CREDIT(S)


Enacted 94-5-607 by Laws 1973, ch. 513, § 1. Amended by Laws 1975, ch. 85, § 1; amended by Laws 1977, ch. 218, § 1; amended by Laws 1977, ch. 359, § 18; Revised Code of Montana 1947, 94-5-607; amended by Laws 1987, ch. 405, § 1; amended by Laws 1989, ch. 448, § 3; amended by Laws 1997, ch. 333, § 1; amended by Laws 2007, ch. 75, § 1.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-623

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-623. Unlawful transactions with children


 

<Text effective until occurrence of contingency>


(1) Except as provided for in 16-6-305, a person commits the offense of unlawful transactions with children if the person knowingly:


(a) sells or gives explosives to a child under the age of majority except as authorized under appropriate city ordinances;


(b) sells or gives intoxicating substances other than alcoholic beverages to a child under the age of majority;


(c) sells or gives an alcoholic beverage to a person under 21 years of age;


(d) being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a child under the age of majority without authorization of the parent or guardian; or


(e) tattoos or provides a body piercing on a child under the age of majority without the explicit in-person consent of the child's parent or guardian. For purposes of this subsection, “tattoo” and “body piercing” have the meaning provided in 50-48-102. Failure to adequately verify the identity of a parent or guardian is not an excuse for violation of this subsection.


(2) A person convicted of the offense of unlawful transactions with children shall be fined an amount not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. A person convicted of a second offense of unlawful transactions with children shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


CREDIT(S)


Enacted 94-5-609 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-609; amended app. Nov. 7, 1978, Ref. 74, § 2. Amended by Laws 1987, ch. 217, § 4; amended by Laws 1989, ch. 448, § 4; amended by Laws 1997, ch. 155, § 1; amended by Laws 2003, ch. 391, § 2; amended by Laws 2005, ch. 386, § 16.


CONTINGENT TERMINATION


<Laws 1987, ch. 217, § 9(2), provides:>


<“If the United States congress repeals or removes or a final judgment invalidates the provisions of federal law that require states to raise the legal age for purchasing and possessing alcoholic beverages to 21 as a condition of full receipt of federal highway funds, the governor of Montana shall immediately certify the fact of the repeal, removal, or invalidation to the secretary of state of Montana. This act terminates on the date of such certification.”>


 

Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.


 



MCA 45-5-624

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-624. Unlawful attempt to purchase or possession of intoxicating substance--interference with sentence or court order


 

<Text effective until occurrence of contingency>


(1) A person under 21 years of age commits the offense of possession of an intoxicating substance if the person knowingly consumes or has in the person's possession an intoxicating substance. A person may not be arrested for or charged with the offense solely because the person was at a place where other persons were possessing or consuming alcoholic beverages. A person does not commit the offense if the person consumes or gains possession of an alcoholic beverage because it was lawfully supplied to the person under 16-6-305 or when in the course of employment it is necessary to possess alcoholic beverages.


(2)(a) In addition to any disposition by the youth court under 41-5-1512, a person under 18 years of age who is convicted under this section:


(i) for the first offense, shall be fined an amount not less than $100 and not to exceed $300 and:


(A) shall be ordered to perform 20 hours of community service;


(B) shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (9), if one is available; and


(C) if the person has a driver's license, must have the license confiscated by the court for 30 days, except as provided in subsection (2)(b);


(ii) for a second offense, shall be fined an amount not less than $200 and not to exceed $600 and:


(A) shall be ordered to perform 40 hours of community service;


(B) shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (9), if one is available;


(C) if the person has a driver's license, must have the license confiscated by the court for 6 months, except as provided in subsection (2)(b); and


(D) shall be required to complete a chemical dependency assessment and treatment, if recommended, as provided in subsection (8);


(iii) for a third or subsequent offense, shall be fined an amount not less than $300 or more than $900, shall be ordered to perform 60 hours of community service, shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (9), if one is available, and shall be required to complete a chemical dependency assessment and treatment, if recommended, as provided in subsection (8). If the person has a driver's license, the court shall confiscate the license for 6 months, except as provided in subsection (2)(b).


(b) If the convicted person fails to complete the community-based substance abuse course and has a driver's license, the court shall order the license suspended for 3 months for a first offense, 9 months for a second offense, and 12 months for a third or subsequent offense.


(c) The court shall retain jurisdiction for up to 1 year to order suspension of a license under subsection (2)(b).


(3) A person 18 years of age or older who is convicted of the offense of possession of an intoxicating substance:


(a) for a first offense:


(i) shall be fined an amount not less than $100 or more than $300;


(ii) shall be ordered to perform 20 hours of community service; and


(iii) shall be ordered to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (9);


(b) for a second offense:


(i) shall be fined an amount not less than $200 or more than $600;


(ii) shall be ordered to perform 40 hours of community service; and


(iii) shall be ordered to complete and pay for an alcohol information course at an alcohol treatment program that meets the requirements of subsection (9), which may, in the court's discretion and upon recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both;


(c) for a third or subsequent offense:


(i) shall be fined an amount not less than $300 or more than $900;


(ii) shall be ordered to perform 60 hours of community service;


(iii) shall be ordered to complete and pay for an alcohol information course at an alcohol treatment program that meets the requirements of subsection (9), which may, in the sentencing court's discretion and upon recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both; and


(iv) in the discretion of the court, shall be imprisoned in the county jail for a term not to exceed 6 months.


(4) A person under 21 years of age commits the offense of attempt to purchase an intoxicating substance if the person knowingly attempts to purchase an alcoholic beverage. A person convicted of attempt to purchase an intoxicating substance shall be fined an amount not to exceed $150 if the person was under 21 years of age at the time that the offense was committed and may be ordered to perform community service.


(5) A defendant who fails to comply with a sentence and is under 21 years of age and was under 18 years of age when the defendant failed to comply must be transferred to the youth court. If proceedings for failure to comply with a sentence are held in the youth court, the offender must be treated as an alleged youth in need of intervention as defined in 41-5-103. The youth court may enter its judgment under 41-5-1512.


(6) A person commits the offense of interference with a sentence or court order if the person purposely or knowingly causes a child or ward to fail to comply with a sentence imposed under this section or a youth court disposition order for a youth found to have violated this section and upon conviction shall be fined $100 or imprisoned in the county jail for 10 days, or both.


(7) A conviction or youth court adjudication under this section must be reported by the court to the department of public health and human services if treatment is ordered under subsection (8).


(8)(a) A person convicted of a second or subsequent offense of possession of an intoxicating substance shall be ordered to complete a chemical dependency assessment.


(b) The assessment must be completed at a treatment program that meets the requirements of subsection (9) and must be conducted by a licensed addiction counselor. The person may attend a program of the person's choice as long as a licensed addiction counselor provides the services. If able, the person shall pay the cost of the assessment and any resulting treatment.


(c) The assessment must describe the person's level of abuse or dependency, if any, and contain a recommendation as to the appropriate level of treatment if treatment is indicated. A person who disagrees with the initial assessment may, at the person's expense, obtain a second assessment provided by a licensed addiction counselor or program that meets the requirements of subsection (9).


(d) The treatment provided must be at a level appropriate to the person's alcohol or drug problem, or both, if any, as determined by a licensed addiction counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services. Upon the determination, the court shall order the appropriate level of treatment, if any. If more than one counselor makes a determination, the court shall order an appropriate level of treatment based upon the determination of one of the counselors.


(e) Each counselor providing treatment shall, at the commencement of the course of treatment, notify the court that the person has been enrolled in a chemical dependency treatment program. If the person fails to attend the treatment program, the counselor shall notify the court of the failure.


(f) The court shall report to the department of public health and human services the name of any person who is convicted under this section. The department of public health and human services shall maintain a list of those persons who have been convicted under this section. This list must be made available upon request to peace officers and to any court.


(9)(a) A community-based substance abuse information course required under subsection (2)(a)(i)(B), (2)(a)(ii)(B), (2)(a)(iii), or (3)(a)(iii) must be:


(i) approved by the department of public health and human services under 53-24-208 or by a court or provided under a contract with the department of corrections; or


(ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical dependency services and that is accredited by the joint commission on accreditation of healthcare organizations to provide chemical dependency services.


(b) An alcohol information course required under subsection (3)(b)(iii) or (3)(c)(iii) must be provided at an alcohol treatment program:


(i) approved by the department of public health and human services under 53-24-208 or by a court or provided under a contract with the department of corrections; or


(ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical dependency services and that is accredited by the joint commission on accreditation of healthcare organizations to provide chemical dependency services.


(c) A chemical dependency assessment required under subsection (8) must be completed at a treatment program:


(i) approved by the department of public health and human services under 53-24-208 or by a court or provided under a contract with the department of corrections; or


(ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical dependency services and that is accredited by the joint commission on accreditation of healthcare organizations to provide chemical dependency services.


(10) Information provided or statements made by a person under 21 years of age to a health care provider or law enforcement personnel regarding an alleged offense against that person under Title 45, chapter 5, part 5, may not be used in a prosecution of that person under this section. This subsection's protection also extends to a person who helps the victim obtain medical or other assistance or report the offense to law enforcement personnel.


CREDIT(S)


Enacted 94-5-610 by Laws 1973, ch. 513, § 1. Amended by Laws 1974, ch. 87, § 1; amended by Laws 1977, ch. 536, § 1; Revised Code of Montana 1947, 94-5-610; amended app. Nov. 7, 1978, Ref. 74, § 3; amended by Laws 1985, ch. 105, § 1; amended by Laws 1987, ch. 217, § 5; amended by Laws 1987, ch. 609, § 65; amended by Laws 1989, ch. 412, § 1; amended by Laws 1989, ch. 448, § 5; amended by Laws 1989, ch. 477, § 1; amended by Laws 1991, ch. 502, § 1; amended by Laws 1993, ch. 233, § 1; amended by Laws 1995, ch. 481, § 6; amended by Laws 1997, ch. 42, § 194; amended by Laws 1997, ch. 182, § 1; amended by Laws 1997, ch. 550, § 54; amended by Laws 2001, ch. 23, § 14; amended by Laws 2001, ch. 64, § 1; amended by Laws 2001, ch. 498, §§ 3, 5; amended by Laws 2003, ch. 611, § 1; amended by Laws 2005, ch. 183, § 1; amended by Laws 2005, ch. 546, § 1; amended by Laws 2007, ch. 245, § 1.


CONTINGENT TERMINATION


<Laws 1987, ch. 217, § 9(2), provides:>


<“If the United States congress repeals or removes or a final judgment invalidates the provisions of federal law that require states to raise the legal age for purchasing and possessing alcoholic beverages to 21 as a condition of full receipt of federal highway funds, the governor of Montana shall immediately certify the fact of the repeal, removal, or invalidation to the secretary of state of Montana. This act terminates on the date of such certification.”>


 

Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.


 



MCA 45-5-625

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-625. Sexual abuse of children


(1) A person commits the offense of sexual abuse of children if the person:


(a) knowingly employs, uses, or permits the employment or use of a child in an exhibition of sexual conduct, actual or simulated;


(b) knowingly photographs, films, videotapes, develops or duplicates the photographs, films, or videotapes, or records a child engaging in sexual conduct, actual or simulated;


(c) knowingly, by any means of communication, including electronic communication, persuades, entices, counsels, or procures a child under 16 years of age or a person the offender believes to be a child under 16 years of age to engage in sexual conduct, actual or simulated;


(d) knowingly processes, develops, prints, publishes, transports, distributes, sells, exhibits, or advertises any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;


(e) knowingly possesses any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;


(f) finances any of the activities described in subsections (1)(a) through (1)(d) and (1)(g), knowing that the activity is of the nature described in those subsections;


(g) possesses with intent to sell any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated;


(h) knowingly travels within, from, or to this state with the intention of meeting a child under 16 years of age or a person the offender believes to be a child under 16 years of age in order to engage in sexual conduct, actual or simulated; or


(i) knowingly coerces, entices, persuades, arranges for, or facilitates a child under 16 years of age or a person the offender believes to be a child under 16 years of age to travel within, from, or to this state with the intention of engaging in sexual conduct, actual or simulated.


(2)(a) Except as provided in subsection (2)(b), (2)(c), or (4), a person convicted of the offense of sexual abuse of children shall be punished by life imprisonment or by imprisonment in the state prison for a term not to exceed 100 years and may be fined not more than $10,000.


(b) Except as provided in 46-18-219, if the victim is under 16 years of age, a person convicted of the offense of sexual abuse of children shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $10,000.


(c) Except as provided in 46-18-219, a person convicted of the offense of sexual abuse of children for the possession of material, as provided in subsection (1)(e), shall be fined not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.


(3) An offense is not committed under subsections (1)(d) through (1)(g) if the visual or print medium is processed, developed, printed, published, transported, distributed, sold, possessed, or possessed with intent to sell, or if the activity is financed, as part of a sexual offender information or treatment course or program conducted or approved by the department of corrections.


(4)(a) If the victim was 12 years of age or younger and the offender was 18 years of age or older at the time of the offense, the offender:


(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (4)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment, the offender is not eligible for parole.


(ii) may be fined an amount not to exceed $50,000; and


(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.


(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.


(5) As used in this section, the following definitions apply:


(a) “Electronic communication” means a sign, signal, writing, image, sound, data, or intelligence of any nature transmitted or created in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.


(b) “Sexual conduct” means:


(i) actual or simulated:


(A) sexual intercourse, whether between persons of the same or opposite sex;


(B) penetration of the vagina or rectum by any object, except when done as part of a recognized medical procedure;


(C) bestiality;


(D) masturbation;


(E) sadomasochistic abuse;


(F) lewd exhibition of the genitals, breasts, pubic or rectal area, or other intimate parts of any person; or


(G) defecation or urination for the purpose of the sexual stimulation of the viewer; or


(ii) depiction of a child in the nude or in a state of partial undress with the purpose to abuse, humiliate, harass, or degrade the child or to arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.


(c) “Simulated” means any depicting of the genitals or pubic or rectal area that gives the appearance of sexual conduct or incipient sexual conduct.


(d) “Visual medium” means:


(i) any film, photograph, videotape, negative, slide, or photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or


(ii) any disk, diskette, or other physical media that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.


CREDIT(S)


Enacted by Laws 1979, ch. 505, § 1. Amended by Laws 1993, ch. 638, § 1; amended by Laws 1995, ch. 187, § 2; amended by Laws 1995, ch. 482, § 9; amended by Laws 1995, ch. 546, § 200; amended by Laws 1995, ch. 550, § 5; amended by Laws 2003, ch. 344, § 2; amended by Laws 2005, ch. 364, § 2; amended by Laws 2007, ch. 29, § 1; amended by Laws 2007, ch. 483, § 11; amended by Laws 2009, ch. 198, § 1, eff. Oct. 1, 2009.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-626

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-626. Violation of order of protection


(1) A person commits the offense of violation of an order of protection if the person, with knowledge of the order, purposely or knowingly violates a provision of any order provided for in 40-4-121 or an order of protection under Title 40, chapter 15. It may be inferred that the defendant had knowledge of an order at the time of an offense if the defendant had been served with the order before the time of the offense. Service of the order is not required upon a showing that the defendant had knowledge of the order and its content.


(2) Only the respondent under an order of protection may be cited for a violation of the order. The petitioner who filed for an order of protection may not be cited for a violation of that order of protection.


(3) An offender convicted of violation of an order of protection shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, for a first offense. Upon conviction for a second offense, an offender shall be fined not less than $200 and not more than $500 and be imprisoned in the county jail not less than 24 hours and not more than 6 months. Upon conviction for a third or subsequent offense, an offender shall be fined not less than $500 and not more than $2,000 and be imprisoned in the county jail or state prison for a term not less than 10 days and not more than 2 years.


CREDIT(S)


Enacted by Laws 1985, ch. 526, § 9. Amended by Laws 1995, ch. 350, § 12.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-627

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-627. Ritual abuse of minor--exceptions--penalty


(1) A person commits the offense of ritual abuse of a minor if the person purposely or knowingly and as part of any ceremony, rite, or ritual or of any training or practice for any ceremony, rite, or ritual:


(a) has sexual intercourse without consent with a person less than 16 years of age; commits assault, aggravated assault, assault on a minor, or assault with a weapon against a victim less than 16 years of age; or kills a person less than 16 years of age;


(b) actually or by simulation tortures, mutilates, or sacrifices an animal or person in the presence of the minor;


(c) dissects, mutilates, or incinerates a human corpse or remains in the presence of the minor;


(d) forces upon the minor or upon another person in the presence of a minor the ingestion or the external bodily application of human or animal urine, feces, flesh, blood, bone, or bodily secretions or drugs or chemical compounds;


(e) places a living minor or another living person in the presence of a minor in a coffin or open grave that is empty or that contains a human corpse or remains; or


(f) threatens the minor or, in the presence of the minor, threatens any person or animal with death or serious bodily harm and the minor reasonably believes that the threat will or may be carried out.


(2) This section does not apply to activities, practices, and procedures otherwise allowed by law.


(3) Except as provided in 46-18-219, a person convicted of ritual abuse of a minor shall:


(a) for the first offense, be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, or both; and


(b) for a second or subsequent offense, be imprisoned in the state prison for any term of not less than 2 years or more than 40 years and may be fined not more than $50,000, or both.


(4) In addition to any sentence imposed under subsection (3), after determining pursuant to 46-18-242 the financial resources and future ability of the offender to pay restitution, the court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.


CREDIT(S)


Enacted by Laws 1993, ch. 560, § 1. Amended by Laws 1995, ch. 482, § 10; amended by Laws 1999, ch. 432, § 9.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.




MCA 45-5-628

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-628 to 45-5-630. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-630

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-628 to 45-5-630. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-631

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-631. Interference with parent-child contact


(1) A person who has been granted parent-child contact under a parenting plan commits the offense of interference with parent-child contact if the person knowingly or purposely prevents, obstructs, or frustrates the rights of another person entitled to parent-child contact under an existing court order.


(2) A person convicted of the offense of interference with parent-child contact shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 5 days, or both.


CREDIT(S)


Enacted by Laws 1987, ch. 493, § 1. Amended by Laws 1997, ch. 343, § 36.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-632

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-632. Aggravated interference with parent-child contact


(1) A person who commits the offense of interference with parent-child contact by changing the residence of the minor child to another state without giving written notice as required in 40-4-217, unless the notice requirement has been precluded under 40-4-234, or without written consent of the person entitled to parent-child contact pursuant to an existing court order commits the offense of aggravated interference with parent-child contact.


(2) A person convicted of the offense of aggravated interference with parent-child contact shall be fined an amount not to exceed $1,000 or be imprisoned in the state prison for a term not to exceed 18 months, or both.


CREDIT(S)


Enacted by Laws 1987, ch. 493, § 2. Amended by Laws 1997, ch. 343, § 37.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-633

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-633. Defenses to interference with parent-child contact and aggravated interference with parent-child contact


(1) A person does not commit the offense of interference with parent-child contact or aggravated interference with parent-child contact if the person acts:


(a) with the consent of the person entitled to parent-child contact;


(b) under an existing court order; or


(c) with reasonable cause.


(2) Return of the child before arrest is a defense only with respect to the first commission of interference with parent-child contact or aggravated interference with parent-child contact.


CREDIT(S)


Enacted by Laws 1987, ch. 493, § 3. Amended by Laws 1997, ch. 343, § 38.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-634

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-634. Parenting interference


(1) A person commits the offense of parenting interference if, knowing that the person has no legal right to do so, the person:


(a) before the entry of a court order determining parenting rights, takes, entices, or withholds a child from the other parent when the action manifests a purpose to substantially deprive that parent of parenting rights; or


(b) is one of two persons who has parenting authority of a child under a court order and takes, entices, or withholds the child from the other when the action manifests a purpose to substantially deprive the other parent of parenting rights.


(2) A person convicted of the offense of parenting interference shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.


(3) With respect to the first alleged commission of the offense only, a person who has not left the state does not commit an offense under this section if the person voluntarily returns the child before arraignment. With respect to the first alleged commission of the offense only, a person who has left the state does not commit an offense under this section if the person voluntarily returns the child before arrest.


CREDIT(S)


Enacted by Laws 1997, ch. 343, § 35.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-635

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-635, 45-5-636. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-636

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-635, 45-5-636. Reserved


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.



MCA 45-5-637

West's Montana Code Annotated Currentness

Title 45. Crimes (Refs & Annos)

Chapter 5. Offenses Against the Person

Part 6. Offenses Against the Family

45-5-637. Tobacco possession or consumption by persons under 18 years of age prohibited--unlawful attempt to purchase--penalties


(1) A person under 18 years of age who knowingly possesses or consumes a tobacco product, as defined in 16-11-302, commits the offense of possession or consumption of a tobacco product.


(2) A person convicted of possession or consumption of a tobacco product:


(a) shall be fined $50 for a first offense, no less than $75 or more than $100 for a second offense, and no less than $100 or more than $250 for a third or subsequent offense; or


(b) may be adjudicated on a petition alleging the person to be a youth in need of intervention under the provisions of the Montana Youth Court Act provided for in Title 41, chapter 5.


(3) A person convicted of possession or consumption of a tobacco product may also be required to perform community service or to attend a tobacco cessation program.


(4) A person under 18 years of age commits the offense of attempt to purchase a tobacco product if the person knowingly attempts to purchase a tobacco product, as defined in 16-11-302. A person convicted of attempt to purchase a tobacco product:


(a) for a first offense, shall be fined $50 and may be ordered to perform community service;


(b) for a second or subsequent offense, shall be fined an amount not to exceed $100 and may be ordered to perform community service.


(5) The fines collected under subsections (2) and (4) must be deposited to the credit of the general fund of the local government that employs the arresting officer, or if the arresting officer is an officer of the highway patrol, the fines must be credited to the county general fund in the county in which the arrest was made.


CREDIT(S)


Enacted by Laws 1995, ch. 376, § 1. Amended by Laws 1997, ch. 550, § 55; amended by Laws 2001, ch. 498, § 4.


Statutes are current with 2013 effective-upon-approval chapters through May 6, 2013, and the 2012 general election. Statutory changes are subject to classification and revision by the Code Commissioner.


Chapter 28. Crimes and Punishments

Tags:37 NE (0.6%)

Neb.Rev.St. § 28-371

 

West's Revised Statutes of Nebraska Annotated Currentness

Chapter 28. Crimes and Punishments

Article 3. Offenses Against the Person

(b) Adult Protective Services Act

28-371. Vulnerable adult, defined


Vulnerable adult shall mean any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian has been appointed under the Nebraska Probate Code.


CREDIT(S)


Laws 1988, LB 463, § 24.


 

Current through the 102nd Legislature Second Regular Session (2012)


Chapter III. Abortion (Refs & Annos)

Tags:09 MI (3.2%)

Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter III. Abortion (Refs & Annos)

750.14. Miscarriage; administering with intent to procure



Sec. 14. ADMINISTERING DRUGS, ETC., WITH INTENT TO PROCURE MISCARRIAGE--Any person who shall wilfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, shall be guilty of a felony, and in case the death of such pregnant woman be thereby produced, the offense shall be deemed manslaughter.



In any prosecution under this section, it shall not be necessary for the prosecution to prove that no such necessity existed.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.15



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter III. Abortion (Refs & Annos)

750.15. Abortion, drugs or medicine; advertising or sale to procure



Sec. 15. SELLING DRUGS, ETC., TO PRODUCE ABORTION--Any person who shall in any manner, except as hereinafter provided, advertise, publish, sell or publicly expose for sale any pills, powder, drugs or combination of drugs, designed expressly for the use of females for the purpose of procuring an abortion, shall be guilty of a misdemeanor.



Any drug or medicine known to be designed and expressly prepared for producing an abortion, shall only be sold upon the written prescription of an established practicing physician of the city, village, or township in which the sale is made; and the druggist or dealer selling the same shall, in a book provided for that purpose, register the name of the purchaser, the date of the sale, the kind and quantity of the medicine sold, and the name and residence of the physician prescribing the same.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.16



Chapter XX. Children (Refs & Annos)

Tags:09 MI (3.2%)

Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.135. Children; exposing with intent to injure or abandon



Sec. 135. (1) Except as provided in subsection (3), a father or mother of a child under the age of 6 years, or another individual, who exposes the child in any street, field, house, or other place, with intent to injure or wholly to abandon the child, is guilty of a felony, punishable by imprisonment for not more than 10 years.



(2) Except for a situation involving actual or suspected child abuse or child neglect, it is an affirmative defense to a prosecution under subsection (1) that the child was not more than 72 hours old and was surrendered to an emergency service provider under chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20. A criminal investigation shall not be initiated solely on the basis of a newborn being surrendered to an emergency service provider under chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20.



(3) Subsection (1) does not apply to a mother of a newborn who is surrendered under the born alive infant protection act. [FN1] Subsection (1) applies to an attending physician who delivers a live newborn as a result of an attempted abortion and fails to comply with the requirements of the born alive infant protection act.



(4) As used in this section:



(a) “Emergency service provider” means a uniformed employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty.



(b) “Fire department” means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.



(c) “Hospital” means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.



(d) “Police station” means a police station as that term is defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43.



CREDIT(S)



Amended by P.A.2000, No. 233, Eff. Jan. 1, 2001; P.A.2002, No. 689, Eff. March 31, 2003.



[FN1] M.C.L.A. § 333.1071 et seq.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.135a



Effective: April 1, 2009



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.135a. Leaving child unattended in vehicle under circumstances posing unreasonable risk of harm or injury to child



Sec. 135a. (1) A person who is responsible for the care or welfare of a child shall not leave that child unattended in a vehicle for a period of time that poses an unreasonable risk of harm or injury to the child or under circumstances that pose an unreasonable risk of harm or injury to the child.



(2) A person who violates this section is guilty of a crime as follows:



(a) Except as otherwise provided in subdivisions (b) to (d), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.



(b) If the violation results in physical harm other than serious physical harm to the child, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.



(c) If the violation results in serious physical harm to the child, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.



(d) If the violation results in the death of the child, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.



(3) As used in this section:



(a) “Child” means an individual less than 6 years of age.



(b) “Physical harm” and “serious physical harm” mean those terms as defined in section 136b.



(c) “Unattended” means alone or without the supervision of an individual 13 years of age or older who is not legally incapacitated.



(d) “Vehicle” means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.



CREDIT(S)



P.A.1931, No. 328, § 135a, added by P.A.2008, No. 519, Eff. April 1, 2009.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.136



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.136, 750.136a. Repealed by P.A.1988, No. 251, § 3, Eff. Sept. 1, 1988



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.136a



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.136, 750.136a. Repealed by P.A.1988, No. 251, § 3, Eff. Sept. 1, 1988



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.136b



Effective: July 1, 2012



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.136b. Child abuse



Sec. 136b. (1) As used in this section:



(a) “Child” means a person who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722.4.



(b) “Cruel” means brutal, inhuman, sadistic, or that which torments.



(c) “Omission” means a willful failure to provide food, clothing, or shelter necessary for a child's welfare or willful abandonment of a child.



(d) “Person” means a child's parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.



(e) “Physical harm” means any injury to a child's physical condition.



(f) “Serious physical harm” means any physical injury to a child that seriously impairs the child's health or physical well-being, including, but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.



(g) “Serious mental harm” means an injury to a child's mental condition or welfare that is not necessarily permanent but results in visibly demonstrable manifestations of a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.



(2) A person is guilty of child abuse in the first degree if the person knowingly or intentionally causes serious physical or serious mental harm to a child. Child abuse in the first degree is a felony punishable by imprisonment for life or any term of years.



(3) A person is guilty of child abuse in the second degree if any of the following apply:



(a) The person's omission causes serious physical harm or serious mental harm to a child or if the person's reckless act causes serious physical harm or serious mental harm to a child.



(b) The person knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child regardless of whether harm results.



(c) The person knowingly or intentionally commits an act that is cruel to a child regardless of whether harm results.



(4) Child abuse in the second degree is a felony punishable by imprisonment as follows:



(a) For a first offense, not more than 10 years.



(b) For a second or subsequent offense, not more than 20 years.



(5) A person is guilty of child abuse in the third degree if any of the following apply:



(a) The person knowingly or intentionally causes physical harm to a child.



(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, and the act results in physical harm to a child.



(6) Child abuse in the third degree is a felony punishable by imprisonment for not more than 2 years.



(7) A person is guilty of child abuse in the fourth degree if any of the following apply:



(a) The person's omission or reckless act causes physical harm to a child.



(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.



(8) Child abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year.



(9) This section does not prohibit a parent or guardian, or other person permitted by law or authorized by the parent or guardian, from taking steps to reasonably discipline a child, including the use of reasonable force.



(10) It is an affirmative defense to a prosecution under this section that the defendant's conduct involving the child was a reasonable response to an act of domestic violence in light of all the facts and circumstances known to the defendant at that time. The defendant has the burden of establishing the affirmative defense by a preponderance of the evidence. As used in this subsection, “domestic violence” means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.



CREDIT(S)



P.A.1931, No. 328, § 136b, added by P.A.1988, No. 251, § 1, Eff. Sept. 1, 1988. Amended by P.A.1999, No. 273, Eff. April 3, 2000; P.A.2008, No. 577, Eff. April 1, 2009; P.A.2012, No. 194, Eff. July 1, 2012.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.136c



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.136c. Transfer legal or physical custody of individuals to another person for money, prohibited



Sec. 136c. (1) A person shall not transfer or attempt to transfer the legal or physical custody of an individual to another person for money or other valuable consideration, except as otherwise permitted by law.



(2) A person shall not acquire or attempt to acquire the legal or physical custody of an individual for payment of money or other valuable consideration to another person, except as otherwise permitted by law.



(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $100,000.00, or both.



CREDIT(S)



P.A.1931, No. 328, § 136c, added by P.A.2000, No. 205, § 136c, Eff. Sept. 1, 2000.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.136d



Effective: July 1, 2012



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.136d. Child abuse in the presence of another child; Dominick’s Law



Sec. 136d. (1) A person who violates section 136b [FN1] in the presence of a child other than the child who is the victim of the violation is guilty of a felony punishable as follows:



(a) If the person violates section 136b(2) in the presence of another child, by imprisonment for life or any term of years.



(b) Except as provided in subdivision (c), if the person violates section 136b(4) in the presence of another child, by imprisonment for not more than 10 years.



(c) If the person violates section 136b(4) in the presence of another child on a second or subsequent occasion, by imprisonment for not more than 20 years.



(d) If the person violates section 136b(6) in the presence of another child, by imprisonment for not more than 2 years.



(2) A charge and conviction under this section do not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section.



CREDIT(S)



P.A.1931, No.328, § 136d, added by P.A.2012, No. 194, Eff. July 1, 2012.



[FN1] M.C.L.A. § 750.136b.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.137



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.137. Purchases from minors



Sec. 137. A dealer in second-hand goods, junk shop keeper, peddler, rag or paper buyer, pawnbroker or hawker who purchases either directly or indirectly or by his agent or clerk, any goods, thing, article or articles from a minor without the written consent of the parent or guardian of the minor shall be guilty of a misdemeanor.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.138



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.138. Interference or attempted interference with custody, enticement, etc., of dependent, neglected or delinquent child committed to state institution, school, home, etc.



Sec. 138. A person who in any manner interferes or attempts to interfere with the custody of any child who has been adjudged to be dependent, neglected, or delinquent pursuant to chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, after the making of an order of commitment to a state institution or otherwise, in accordance with that act and pending the actual admission and reception of the child as an inmate of the institution, school, or home to which commitment is made; and any person who entices the neglected, dependent, or delinquent child from and out of the custody of the person or persons entitled thereto under the order of the court or who shall in any way interfere or attempt to interfere with the custody; and a person who entices or procures the child committed as aforesaid to leave and depart from any hospital or other place where the child was placed pursuant to the order of the court for the purpose of receiving medical treatment pending admission into the state institution, school, home, or other institution or place to which commitment may have been made, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.



CREDIT(S)



Amended by P.A.2002, No. 672, Eff. March 31, 2003.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.139



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.139. Children under 16; confinement and trial



Sec. 139. (1) Except as provided in subsection (2), a child under 16 years of age while under arrest, confinement, or conviction for any crime, shall not be placed in any apartment or cell of any prison or place of confinement with any adult who is under arrest, confinement, or conviction for any crime, or be permitted to remain in any court room during the trial of adults, or be transported in any vehicle of transportation in company with adults charged with or convicted of crime.



(2) Subsection (1) does not apply to prisoners being transported to or from, or confined in a youth correctional facility operated by the department of corrections or a private vendor under section 20g of 1953 PA 232, MCL 791.220g.



(3) All cases involving the commitment or trial of children under 16 years of age for any crime or misdemeanor, before any court, shall be heard and determined by the court at a suitable time, to be designated by it, separate and apart from the trial of other criminal cases.



(4) Any person who violates this section is guilty of a misdemeanor.



CREDIT(S)



Amended by P.A.1991, No. 145, § 1, Imd. Eff. Nov. 25, 1991; P.A.1998, No. 510, Imd. Eff. Jan. 8, 1999.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.140



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.140. Exhibition, use, employment, etc., of child under age 16 in particular vocations, services, or occupations



Sec. 140. Any person having the care, custody, or control of any child under 16 years of age, who shall exhibit, use, or employ, or who shall apprentice, give away, let out, or otherwise dispose of the child to any person in or for the vocation, service, or occupation of rope or wire walking, gymnast, contortionist, rider, or acrobat, dancing, or begging in any place whatsoever, or for any obscene, indecent, or immoral purpose, exhibition, or practice whatsoever, or for any exhibition injurious to the health or dangerous to the life or limb of the child, or who shall cause, procure, or encourage the child to engage therein, and any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child for any of the purposes mentioned in this section, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.



CREDIT(S)



Amended by P.A.2002, No. 672, Eff. March 31, 2003.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.141



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.141. Children in places where liquor is sold; local ordinances



Sec. 141. A minor child under 17 years of age shall not be permitted to remain in a dance hall, saloon, barroom or any place where spirituous or intoxicating liquor, wine or beer, or any beverage, liquor or liquors containing spirituous or intoxicating liquor, beer or malt liquor is sold, given away or furnished for a beverage, unless the minor is accompanied by parent or guardian. A proprietor, keeper or manager of any such place who permits a minor child to remain in any such place, and a person who encourages or induces in any way the minor child to enter the place or to remain therein shall be deemed guilty of a misdemeanor. This section shall not prevent a township, village or city from establishing, by ordinance, regulations more stringent than the provisions of this act relative to the attendance of a minor at theaters, movie houses, bowling or billiard halls and dance halls. This section shall not prevent a township, village or city from establishing, by ordinance, regulations permitting the attendance of minor children at dances where no spirituous or intoxicating liquor, beer or malt liquor is sold, given away or consumed in the dance area.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.141a



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.141a. Consumption or possession of alcohol by minors or controlled substances at social gatherings



Sec. 141a. (1) As used in this section:



(a) “Alcoholic beverage” means an alcoholic liquor as defined in section 2 of the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being section 436.2 of the Michigan Compiled Laws.



(b) “Allow” means to give permission for, or approval of, possession or consumption of an alcoholic beverage or a controlled substance, by any of the following means:



(i) In writing.



(ii) By 1 or more oral statements.



(iii) By any form of conduct, including a failure to take corrective action, that would cause a reasonable person to believe that permission or approval has been given.



(c) “Control over any premises, residence, or other real property” means the authority to regulate, direct, restrain, superintend, control, or govern the conduct of other individuals on or within that premises, residence, or other real property, and includes, but is not limited to, a possessory right.



(d) “Controlled substance” means that term as defined in section 7104 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws.



(e) “Corrective action” means any of the following:



(i) Making a prompt demand that the minor or other individual depart from the premises, residence, or other real property, or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence, or other real property, and taking additional action described in subparagraph (ii) or (iii) if the minor or other individual does not comply with the request.



(ii) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to a law enforcement agency having jurisdiction over the violation.



(iii) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to another person having a greater degree of authority or control over the conduct of persons on or within the premises, residence, or other real property.



(f) “Minor” means an individual less than 21 years of age.



(g) “Premises” means a permanent or temporary place of assembly, other than a residence, including, but not limited to, any of the following:



(i) A meeting hall, meeting room, or conference room.



(ii) A public or private park.



(h) “Residence” means a permanent or temporary place of dwelling, including, but not limited to, any of the following:



(i) A house, apartment, condominium, or mobile home.



(ii) A cottage, cabin, trailer, or tent.



(iii) A motel unit, hotel unit, or bed and breakfast unit.



(i) “Social gathering” means an assembly of 2 or more individuals for any purpose, unless all of the individuals attending the assembly are members of the same household or immediate family.



(2) Except as otherwise provided in subsection (3), an owner, tenant, or other person having control over any premises, residence, or other real property shall not do either of the following:



(a) Knowingly allow a minor to consume or possess an alcoholic beverage at a social gathering on or within that premises, residence, or other real property.



(b) Knowingly allow any individual to consume or possess a controlled substance at a social gathering on or within that premises, residence, or other real property.



(3) This section does not apply to the use, consumption, or possession of a controlled substance by an individual pursuant to a lawful prescription, or to the use, consumption, or possession of an alcoholic beverage by a minor for religious purposes.



(4) Except as provided in subsection (5), a person who violates subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 30 days or by a fine of not more than $1,000.00, or both.



(5) For a second or subsequent violation of subsection (2) the person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by a fine of not more than $1,000.00, or both.



(6) Evidence of all of the following gives rise to a rebuttable presumption that the defendant allowed the consumption or possession of an alcoholic beverage or a controlled substance on or within a premises, residence, or other real property, in violation of this section:



(a) The defendant had control over the premises, residence, or other real property.



(b) The defendant knew that a minor was consuming or in possession of an alcoholic beverage or knew that an individual was consuming or in possession of a controlled substance at a social gathering on or within that premises, residence, or other real property.



(c) The defendant failed to take corrective action.



(7) This section does not authorize selling or furnishing an alcoholic beverage to a minor.



(8) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct.



CREDIT(S)



P.A.1931, No. 328, § 141a, added by P.A.1994, No. 31, § 1, Eff. June 1, 1994.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.141b



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.141b. Repealed by P.A.1963, No. 162, § 2, Eff. Sept. 6, 1963



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.141c



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.141c, 750.141d. Repealed by P.A.1978, No. 531, § 2, Eff. Dec. 23, 1978



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.141d



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.141c, 750.141d. Repealed by P.A.1978, No. 531, § 2, Eff. Dec. 23, 1978



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.142



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.142. Minors; furnishing obscene books



Sec. 142. A person who sells, gives away or in any way furnishes to a person under the age of 18 years a book, pamphlet, or other printed paper or other thing, containing obscene language, or obscene prints, pictures, figures or descriptions tending to corrupt the morals of youth, or any newspapers, pamphlets or other printed paper devoted to the publication of criminal news, police reports, or criminal deeds, and a person who shall in any manner hire, use or employ a person under the age of 18 years to sell, give away, or in any manner distribute such books, pamphlets or printed papers, and any person having the care, custody or control of a person under the age of 18 years, who permits him or her to engage in any such employment, shall be guilty of a misdemeanor.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.143



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.143. Exhibition of obscene matter in view of children



Sec. 143. EXHIBITION OF OBSCENE MATTER WITHIN VIEW OF CHILDREN--Any person who shall exhibit upon any public street or highway, or in any other place within the view of children passing on any public street or highway, any book, pamphlet or other printed paper or thing containing obscene language or obscene prints, figures, or descriptions, tending to the corruption of the morals of youth, or any newspapers, pamphlets, or other printed paper or thing devoted to the publication of criminal news, police reports or criminal deeds, shall on conviction thereof be guilty of a misdemeanor.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.143a



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.143a. Posting of information relating to rating system by retailer of video games



Sec. 143a. (1) A video game retailer shall post a sign in a prominent area within the video game retailer's retail establishment that provides information about a rating system or notifies consumers that a rating system is available to aid in the selection of a game and shall make information that explains the video game rating system available to consumers on request.



(2) A video game retailer that violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $1,000.00.



(3) As used in this section:



(a) “Rating system” means any video game rating system shown on the exterior packaging of a video game when it is sold or rented.



(b) “Video game” means an object or device that stores recorded data or instructions generated by a person who uses it, and by processing the data or instructions creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, game console, or other technology.



(c) “Video game retailer” means a person that sells or rents video games to the public.



CREDIT(S)



P.A.1931, No. 328, § 143a, added by P.A.2005, No. 105, Eff. Dec. 1, 2005.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.144



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.144. Children; boarding homes, licensing



Sec. 144. LICENSED BOARDING HOMES FOR CHILDREN--Any person who maintains a boarding home for children, unless licensed therefor by the state welfare commission, shall be guilty of a misdemeanor.



Any person who has in his custody or control for a longer period than 30 days, 1 or more children under the age of 15 years unattended by a parent or guardian, except children related to him by blood or marriage, for the purpose of providing such child or children with care, food and lodging, shall be deemed to maintain a boarding home for children: Provided, That nothing in this section shall be construed to apply to the legal guardian of the child.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.145. Children; contributing to neglect or delinquency of



Sec. 145. CONTRIBUTING TO NEGLECT OR DELINQUENCY OF CHILDREN--Any person who shall by any act, or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of 17 years to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court, as defined in section 2 of chapter 12a of Act No. 288 of the Public Acts of 1939, as added by Act No. 54 of the Public Acts of the First Extra Session of 1944, [FN1] and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the probate court, shall be guilty of a misdemeanor.



[FN1] M.C.L.A. § 712A.2.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145a



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.145a. Accosting, enticing or soliciting child for immoral purposes



Sec. 145a. A person who accosts, entices, or solicits a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age with the intent to induce or force that child or individual to commit an immoral act, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency, or who encourages a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age to engage in any of those acts is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.



CREDIT(S)



Amended by P.A.2002, No. 45, Eff. June 1, 2002.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145b



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.145b. Accosting, enticing or soliciting child for immoral purposes; second or subsequent offenses



Sec. 145b. (1) A person convicted of violating section 145a [FN1] who has 1 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10, 000.00, or both.



(2) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:



(a) A copy of the judgment of conviction.



(b) A transcript of a prior trial, plea-taking, or sentencing.



(c) Information contained in a presentence report.



(d) The defendant's statement.



(3) As used in this section, “prior conviction” means a violation of section 145a or a violation of a law of another state substantially corresponding to section 145a.



CREDIT(S)



Amended by P.A.2002, No. 45, Eff. June 1, 2002.



[FN1] M.C.L.A. § 750.145a.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145c



Effective: March 1, 2013



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.145c. Child sexually abusive activity or material; offenses; penalties; application of section; affirmative defense; expert testimony; reporting by commercial film or photographic print processors; availability of evidence to defendant; local ordinances



Sec. 145c. (1) As used in this section:



(a) “Access” means to intentionally cause to be viewed by or transmitted to a person.



(b) “Appears to include a child” means that the depiction appears to include, or conveys the impression that it includes, a person who is less than 18 years of age, and the depiction meets either of the following conditions:



(i) It was created using a depiction of any part of an actual person under the age of 18.



(ii) It was not created using a depiction of any part of an actual person under the age of 18, but all of the following apply to that depiction:



(A) The average individual, applying contemporary community standards, would find the depiction, taken as a whole, appeals to the prurient interest.



(B) The reasonable person would find the depiction, taken as a whole, lacks serious literary, artistic, political, or scientific value.



(C) The depiction depicts or describes a listed sexual act in a patently offensive way.



(c) “Child” means a person who is less than 18 years of age, subject to the affirmative defense created in subsection (6) regarding persons emancipated by operation of law.



(d) “Commercial film or photographic print processor” means a person or his or her employee who, for compensation, develops exposed photographic film into movie films, negatives, slides, or prints; makes prints from negatives or slides; or duplicates movie films or videotapes.



(e) “Computer technician” means a person who installs, maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal computer networks, or peripheral equipment.



(f) “Contemporary community standards” means the customary limits of candor and decency in this state at or near the time of the alleged violation of this section.



(g) “Erotic fondling” means touching a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, or if the person is a child, the developing or undeveloped breast area, for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved. Erotic fondling does not include physical contact, even if affectionate, that is not for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved.



(h) “Erotic nudity” means the lascivious exhibition of the genital, pubic, or rectal area of any person. As used in this subdivision, “lascivious” means wanton, lewd, and lustful and tending to produce voluptuous or lewd emotions.



(i) “Listed sexual act” means sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.



(j) “Make” means to bring into existence by copying, shaping, changing, or combining material, and specifically includes, but is not limited to, intentionally creating a reproduction, copy, or print of child sexually abusive material, in whole or part. Make does not include the creation of an identical reproduction or copy of child sexually abusive material within the same digital storage device or the same piece of digital storage media.



(k) “Masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person's own clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, or if the person is a child, the developing or undeveloped breast area, either by manual manipulation or self-induced or with an artificial instrument, for the purpose of real or simulated overt sexual gratification or arousal of the person.



(l) “Passive sexual involvement” means an act, real or simulated, that exposes another person to or draws another person's attention to an act of sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, sexual excitement, or erotic nudity because of viewing any of these acts or because of the proximity of the act to that person, for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved.



(m) “Prurient interest” means a shameful or morbid interest in nudity, sex, or excretion.



(n) “Child sexually abusive activity” means a child engaging in a listed sexual act.



(o) “Child sexually abusive material” means any depiction, whether made or produced by electronic, mechanical, or other means, including a developed or undeveloped photograph, picture, film, slide, video, electronic visual image, computer diskette, computer or computer-generated image, or picture, or sound recording which is of a child or appears to include a child engaging in a listed sexual act; a book, magazine, computer, computer storage device, or other visual or print or printable medium containing such a photograph, picture, film, slide, video, electronic visual image, computer, or computer-generated image, or picture, or sound recording; or any reproduction, copy, or print of such a photograph, picture, film, slide, video, electronic visual image, book, magazine, computer, or computer-generated image, or picture, other visual or print or printable medium, or sound recording.



(p) “Sadomasochistic abuse” means either of the following:



(i) Flagellation or torture, real or simulated, for the purpose of real or simulated sexual stimulation or gratification, by or upon a person.



(ii) The condition, real or simulated, of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.



(q) “Sexual excitement” means the condition, real or simulated, of human male or female genitals in a state of real or simulated overt sexual stimulation or arousal.



(r) “Sexual intercourse” means intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal, or with an artificial genital.



(2) A person who persuades, induces, entices, coerces, causes, or knowingly allows a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material, or a person who arranges for, produces, makes, copies, reproduces, or finances, or a person who attempts or prepares or conspires to arrange for, produce, make, copy, reproduce, or finance any child sexually abusive activity or child sexually abusive material for personal, distributional, or other purposes is guilty of a felony, punishable by imprisonment for not more than 20 years, or a fine of not more than $100,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know that the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child.



(3) A person who distributes or promotes, or finances the distribution or promotion of, or receives for the purpose of distributing or promoting, or conspires, attempts, or prepares to distribute, receive, finance, or promote any child sexually abusive material or child sexually abusive activity is guilty of a felony, punishable by imprisonment for not more than 7 years, or a fine of not more than $50,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know that the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child. This subsection does not apply to the persons described in section 7 of 1984 PA 343, MCL 752.367.



(4) A person who knowingly possesses or knowingly seeks and accesses any child sexually abusive material is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child. This subsection does not apply to any of the following:



(a) A person described in section 7 of 1984 PA 343, MCL 752.367, a commercial film or photographic print processor acting under subsection (8), or a computer technician acting under subsection (9).



(b) A police officer acting within the scope of his or her duties as a police officer.



(c) An employee or contract agent of the department of social services acting within the scope of his or her duties as an employee or contract agent.



(d) A judicial officer or judicial employee acting within the scope of his or her duties as a judicial officer or judicial employee.



(e) A party or witness in a criminal or civil proceeding acting within the scope of that criminal or civil proceeding.



(f) A physician, psychologist, limited license psychologist, professional counselor, or registered nurse licensed under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, acting within the scope of practice for which he or she is licensed.



(g) A social worker registered in this state under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, acting within the scope of practice for which he or she is registered.



(5) Expert testimony as to the age of the child used in a child sexually abusive material or a child sexually abusive activity is admissible as evidence in court and may be a legitimate basis for determining age, if age is not otherwise proven.



(6) It is an affirmative defense to a prosecution under this section that the alleged child is a person who is emancipated by operation of law under section 4(2) of 1968 PA 293, MCL 722.4, as proven by a preponderance of the evidence.



(7) If a defendant in a prosecution under this section proposes to offer in his or her defense evidence to establish that a depiction that appears to include a child was not, in fact, created using a depiction of any part of an actual person under the age of 18, the defendant shall at the time of the arraignment on the information or within 15 days after arraignment but not less than 10 days before the trial of the case, or at such other time as the court directs, file and serve upon the prosecuting attorney of record a notice in writing of his or her intention to offer that defense. The notice shall contain, as particularly as is known to the defendant or the defendant's attorney, the names of witnesses to be called in behalf of the defendant to establish that defense. The defendant's notice shall include specific information as to the facts that establish that the depiction was not, in fact, created using a depiction of any part of an actual person under the age of 18. Failure to file a timely notice in conformance with this subsection precludes a defendant from offering this defense.



(8) If a commercial film or photographic print processor reports to a law enforcement agency having jurisdiction his or her knowledge or observation, within the scope of his or her professional capacity or employment, of a film, photograph, movie film, videotape, negative, or slide depicting a person that the processor has reason to know or reason to believe is a child engaged in a listed sexual act; furnishes a copy of the film, photograph, movie film, videotape, negative, or slide to a law enforcement agency having jurisdiction; or keeps the film, photograph, movie film, videotape, negative, or slide according to the law enforcement agency's instructions, both of the following shall apply:



(a) The identity of the processor shall be confidential, subject to disclosure only with his or her consent or by judicial process.



(b) If the processor acted in good faith, he or she shall be immune from civil liability that might otherwise be incurred by his or her actions. This immunity extends only to acts described in this subsection.



(9) If a computer technician reports to a law enforcement agency having jurisdiction his or her knowledge or observation, within the scope of his or her professional capacity or employment, of an electronic visual image, computer-generated image or picture or sound recording depicting a person that the computer technician has reason to know or reason to believe is a child engaged in a listed sexual act; furnishes a copy of that image, picture, or sound recording to the law enforcement agency; or keeps the image, picture, or sound recording according to the law enforcement agency's instructions, both of the following apply:



(a) The identity of the computer technician shall be confidential, subject to disclosure only with his or her consent or by judicial process.



(b) If the computer technician acted in good faith, he or she is immune from civil liability that might otherwise be incurred by his or her actions. This immunity extends only to acts described in this subsection.



(10) In any criminal proceeding regarding an alleged violation or attempted violation of this section, the court shall deny any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any photographic or other pictorial evidence of a child engaging in a listed sexual act if the prosecuting attorney makes that evidence reasonably available to the defendant. Evidence is considered to be reasonably available to the defendant under this subsection if the prosecuting attorney provides an opportunity to the defendant and his or her attorney, and any person the defendant may seek to qualify as an expert witness at trial, to inspect, view, and examine that evidence at a facility approved by the prosecuting attorney.



(11) This section applies uniformly throughout the state and all political subdivisions and municipalities in the state.



(12) A local municipality or political subdivision shall not enact any ordinance or enforce any existing ordinance, rule, or regulation governing child sexually abusive activity or child sexually abusive material as defined by this section.



CREDIT(S)



Amended by P.A.1988, No. 110, § 1, Eff. June 1; P.A.1994, No. 444, § 1, Eff. April 1, 1995; P.A.2002, No. 629, Eff. March 31, 2003; P.A.2004, No. 478, Imd. Eff. Dec. 28, 2004; P.A.2012, No. 583, Eff. March 1, 2013.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145d



Effective: January 1, 2013



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XX. Children (Refs & Annos)

750.145d. Use of internet or computer systems; prohibited conduct; violation; penalties; jurisdiction; order to reimburse state or local governmental for expenses



Sec. 145d. (1) A person shall not use the internet or a computer, computer program, computer network, or computer system to communicate with any person for the purpose of doing any of the following:



(a) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or 520g, [FN1] or section 5 of 1978 PA 33, MCL 722.675, in which the victim or intended victim is a minor or is believed by that person to be a minor.



(b) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 411h or 411i. [FN2]



(c) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under chapter XXXIII [FN3] or section 327, 327a, 328, or 411a(2).[FN4]



(2) A person who violates this section is guilty of a crime as follows:



(a) If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of less than 1 year, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.



(b) If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of 1 year or more but less than 2 years, the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.



(c) If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of 2 years or more but less than 4 years, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.



(d) If the underlying crime is a felony with a maximum term of imprisonment of 4 years or more but less than 10 years, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.



(e) If the underlying crime is a felony punishable by a maximum term of imprisonment of 10 years or more but less than 15 years, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.



(f) If the underlying crime is a felony punishable by a maximum term of imprisonment of 15 years or more or for life, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.



(3) The court may order that a term of imprisonment imposed under this section be served consecutively to any term of imprisonment imposed for conviction of the underlying offense.



(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this section, including the underlying offense.



(5) This section applies regardless of whether the person is convicted of committing, attempting to commit, conspiring to commit, or soliciting another person to commit the underlying offense.



(6) A violation or attempted violation of this section occurs if the communication originates in this state, is intended to terminate in this state, or is intended to terminate with a person who is in this state.



(7) A violation or attempted violation of this section may be prosecuted in any jurisdiction in which the communication originated or terminated.



(8) The court may order a person convicted of violating this section to reimburse this state or a local unit of government of this state for expenses incurred in relation to the violation in the same manner that expenses may be ordered to be reimbursed under section 1f of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1f.



(9) As used in this section:



(a) “Computer” means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network. Computer includes a computer game device or a cellular telephone, personal digital assistant (PDA), or other handheld device.



(b) “Computer network” means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.



(c) “Computer program” means a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.



(d) “Computer system” means a set of related, connected or unconnected, computer equipment, devices, software, or hardware.



(e) “Device” includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses.



(f) “Internet” means that term as defined in section 230 of the communications act of 1934, 47 USC 230.



(g) “Minor” means an individual who is less than 18 years of age.



CREDIT(S)



P.A.1931, No. 328, § 145d, added by P.A.1999, No. 32, Eff. Aug. 1, 1999. Amended by P.A.1999, No. 235, Eff. March 10, 2000; P.A.2000, No. 185, Eff. Sept. 19, 2000; P.A.2012, No. 353, Eff. Jan. 1, 2013.



[FN1] M.C.L.A. § 750.145a, 750.145c, 750.157c, 750.349, 750.350, 750.520b, 750.520c, 750.520d, 750.520e, or 750.520g.



[FN2] M.C.L.A. § 750.411h or 750.411i.



[FN3] M.C.L.A. § 750.200 et seq.



[FN4] M.C.L.A. § 750.327, 750.327a, 750.328, or 750.411a.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. Ch. 750, Ch. XXA, Refs & Annos



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

Chapter XXA. Vulnerable Adults


The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145m



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XXA. Vulnerable Adults (Refs & Annos)

750.145m. Definitions



Sec. 145m. As used in this chapter:



(a) “Adult foster care facility” means that term as defined in section 3 of the adult foster care facility licensing act, MCL 400.703.



(b) “Adult foster care facility licensing act” means 1979 PA 218, MCL 400.701 to 400.737.



(c) “Caregiver” means an individual who directly cares for or has physical custody of a vulnerable adult.



(d) “Developmental disability” means that term as defined in section 500 of the mental health code, MCL 330.1500.



(e) “Facility” means an adult foster care facility, a home for the aged, or a nursing home.



(f) “Home for the aged” means that term as defined in section 20106 of the public health code, MCL 333.20106.



(g) “Licensee” means that term as defined in section 5 of the adult foster care facility licensing act, MCL 400.705, or as defined in section 20108 of the public health code, MCL 333.20108. Licensee does not include a hospital, as that term is defined in section 20106 of the public health code, MCL 333.20106, except that part of a hospital that is a hospital long-term care unit, as that term is defined in section 20106 of the public health code, MCL 333.20106.



(h) “Mental health code” means 1974 PA 258, MCL 330.1001 to 330.2106.



(i) “Mental illness” means that term as defined in section 400 of the mental health code, MCL 330.1400.



(j) “Nursing home” means that term as defined in section 20109 of the public health code, MCL 333.20109 and a hospital long-term care unit as defined in section 20106 of the public health code, MCL 333.20106.



(k) “Other person with authority over a vulnerable adult” includes, but is not limited to, a person with authority over a vulnerable adult in that part of a hospital that is a hospital long-term care unit, but does not include a person with authority over a vulnerable adult in that part of a hospital that is not a hospital long-term care unit. As used in this subdivision, “hospital” and “hospital long-term care unit” mean those terms as defined in section 20106 of the public health code, MCL 333.20106.



(l) “Part 213, 215, or 217 of the public health code” means MCL 333.21301 to 333.21333, 333.21501 to 333.21568, and 333.21701 to 333.21799e .



(m) “Personal care” means assistance with eating, dressing, personal hygiene, grooming, or maintenance of a medication schedule as directed and supervised by a vulnerable adult's physician.



(n) “Physical harm” means any injury to a vulnerable adult's physical condition.



(o) “Public health code” means 1978 PA 368, MCL 333.1101 to 333.25211.



(p) “Reckless act or reckless failure to act” means conduct that demonstrates a deliberate disregard of the likelihood that the natural tendency of the act or failure to act is to cause physical harm, serious physical harm, or serious mental harm.



(q) “Resident” means an individual who resides in a facility.



(r) “Serious physical harm” means a physical injury that threatens the life of a vulnerable adult, that causes substantial bodily disfigurement, or that seriously impairs the functioning or well-being of the vulnerable adult.



(s) “Serious mental harm” means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner.



(t) “Social welfare act” means 1939 PA 280, MCL 400.1 to 400.119b.



(u) “Vulnerable adult” means 1 or more of the following:



(i) An individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently.



(ii) An adult as defined in section 3(1)(b) of the adult foster care facility licensing act, MCL 400.703.



(iii) An adult as defined in section 11(b) of the social welfare act, MCL 400.11.



CREDIT(S)



P.A.1931, No. 328, § 145m, added by P.A.1994, No. 149, § 1, Eff. Oct. 1, 1994. Amended by P.A.1998, No. 38, Imd. Eff. March 18, 1998.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145n



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XXA. Vulnerable Adults (Refs & Annos)

750.145n. Vulnerable adult abuse, degrees; penalties; reasonable actions to prevent harm; actions pursuant to power of attorney



Sec. 145n. (1) A caregiver is guilty of vulnerable adult abuse in the first degree if the caregiver intentionally causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the first degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.



(2) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the second degree if the reckless act or reckless failure to act of the caregiver or other person with authority over the vulnerable adult causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the second degree is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.



(3) A caregiver is guilty of vulnerable adult abuse in the third degree if the caregiver intentionally causes physical harm to a vulnerable adult. Vulnerable adult abuse in the third degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.



(4) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the fourth degree if the reckless act or reckless failure to act of the caregiver or other person with authority over a vulnerable adult causes physical harm to a vulnerable adult. Vulnerable adult abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.



(5) This section does not prohibit a caregiver or other person with authority over a vulnerable adult from taking reasonable action to prevent a vulnerable adult from being harmed or from harming others.



(6) This section does not apply to an act or failure to act that is carried out as directed by a patient advocate under a patient advocate designation executed in accordance with sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5515.



CREDIT(S)



P.A.1931, No. 328, § 145n, added by P.A.1994, No. 149, § 1, Eff. Oct. 1, 1994. Amended by P.A.2000, No. 66, Eff. April 1, 2000; P.A.2004, No. 559, Imd. Eff. Jan. 3, 2005.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145o



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XXA. Vulnerable Adults (Refs & Annos)

750.145o. Unlicensed facilities, violations causing death



Sec. 145o. An operator of an unlicensed facility that is subject to licensure, or an employee or an individual acting on behalf of an unlicensed facility that is subject to licensure, who violates the adult foster care facility licensing act or part 213, 215, or 217 [FN1] of the public health code or rules promulgated pursuant to the adult foster care facility licensing act or part 213, 215, or 217 of the public health code and whose violation is a proximate cause of the death of a vulnerable adult is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $75,000.00, or both.



CREDIT(S)



P.A.1931, No. 328, § 145o, added by P.A.1994, No. 149, § 1, Eff. Oct. 1, 1994.



[FN1] M.C.L.A. §§ 333.21301 et seq., 333.21501 et seq., or 333.21701 et seq.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145p



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XXA. Vulnerable Adults (Refs & Annos)

750.145p. Prohibited acts, retaliation, discrimination; reasonable disciplinary actions; subsequent violations



Sec. 145p. (1) A caregiver, other person with authority over a vulnerable adult, or a licensee who intentionally does 1 or more of the following is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $25,000.00, or both:



(a) Commingles, borrows, or pledges funds of a resident that are required by law or administrative rule to be held in a separate trust account.



(b) Interferes with or obstructs an investigation under the adult foster care facility licensing act, part 213, 215, or 217 [FN1] of the public health code, or section 11b of the social welfare act, being section 400.11b of the Michigan Compiled Laws.



(c) Files information required by the adult foster care facility licensing act or part 213, 215, or 217 of the public health code that is false or misleading.



(2) A caregiver, other person with authority over a vulnerable adult, or a licensee who intentionally retaliates or discriminates against a resident because the resident does 1 or more of the following is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $25,000.00, or both:



(a) Provides information to a state or local official enforcing the adult foster care facility licensing act or part 213, 215, or 217 of the public health code.



(b) Makes a complaint against a facility.



(c) Initiates, participates in, or testifies in an administrative or criminal action against a facility or a civil suit related to the criminal action.



(3) A caregiver, other person with authority over a vulnerable adult, or a licensee who intentionally retaliates or discriminates against an employee because the employee does 1 or more of the following is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both:



(a) Provides information to a state or local official enforcing the adult foster care facility licensing act or part 213, 215, or 217 of the public health code.



(b) Makes a complaint against a facility.



(c) Initiates, participates in, or testifies in an administrative or criminal action against a facility or a civil suit related to the criminal action.



(4) Subsection (3) does not preclude an employer from taking reasonable and appropriate disciplinary action against an employee.



(5) A caregiver, other person with authority over a vulnerable adult, or a licensee who has been convicted of violating this section who commits a second or subsequent violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $75,000.00, or both.



CREDIT(S)



P.A.1931, No. 328, § 145p, added by P.A.1994, No. 149, § 1, Eff. Oct. 1, 1994.



[FN1] M.C.L.A. §§ 333.21301 et seq., 333.21501 et seq., or 333.21701 et seq.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145q



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XXA. Vulnerable Adults (Refs & Annos)

750.145q. Convictions, sentences not to preclude those for violations of other laws



Sec. 145q. A conviction or sentence imposed for a violation of this chapter does not preclude a conviction or sentence for a violation of any other applicable law.



CREDIT(S)



P.A.1931, No. 328, § 145q, added by P.A.1994, No. 149, § 1, Eff. Oct. 1, 1994.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.145r



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter XXA. Vulnerable Adults (Refs & Annos)

750.145r. Community service



Sec. 145r. (1) In addition to or as an alternative to imposing a term of imprisonment under this chapter, the court may sentence the person to perform community service as follows:



(a) If the person is convicted of a felony, community service for not more than 160 days.



(b) If the person is convicted of a misdemeanor, community service for not more than 80 days.



(2) For purposes of this section, community service shall not include activities involving interaction with or care of vulnerable adults.



(3) A person sentenced to perform community service under this section shall not receive compensation, and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that community service.



CREDIT(S)



P.A.1931, No. 328, § 145r, added by P.A.1994, No. 149, § 1, Eff. Oct. 1, 1994.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. Ch. 750, Ch. XXI, Refs & Annos



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

Chapter XXI. Civil Rights


The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.146


Chapter V. Adultery (Refs & Annos)

Tags:09 MI (3.2%)

Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter V. Adultery (Refs & Annos)

750.29. Adultery; definition



Sec. 29. DEFINITION--Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.30



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter V. Adultery (Refs & Annos)

750.30. Adultery; punishment



Sec. 30. PUNISHMENT--Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable to the same punishment.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.31



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter V. Adultery (Refs & Annos)

750.31. Complaint and time of prosecution



Sec. 31. COMPLAINANT AND TIME PROSECUTION TO BE COMMENCED--No prosecution for adultery, under the preceding section, [FN1] shall be commenced, but on the complaint of the husband or wife; and no such prosecution shall be commenced after 1 year from the time of committing the offense.



[FN1] M.C.L.A. § 750.30.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.32



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter V. Adultery (Refs & Annos)

750.32. Cohabitation of divorced parties



Sec. 32. COHABITATION BY DIVORCED PARTIES--If any persons after being divorced from the bonds of matrimony for any cause whatever, shall cohabit together, they shall be liable to all the penalties provided by law against adultery.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. Ch. 750, Ch. VI, Refs & Annos



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

Chapter VI. Advertising


The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.33


Chapter LXV. Polygamy (Refs & Annos)

Tags:09 MI (3.2%)

Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXV. Polygamy (Refs & Annos)

750.439. Polygamy, defined; scope of offense



Sec. 439. POLYGAMY--Any person who has a former husband or wife living, who shall marry another person, or shall continue to cohabit with such second husband or wife, in this state, he or she shall, except in the cases mentioned herein, be guilty of the crime of polygamy, a felony.



The provisions of this section shall not extend to any person whose husband or wife shall have voluntarily remained beyond the sea, or shall have voluntarily withdrawn from the other and remained absent for the space of five years next preceding such marriage, the party marrying again, not knowing the other to be living within that time, nor to any person who shall have good reason to believe such husband or wife to be dead, nor to any person who has been legally divorced from the bonds of matrimony.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.440



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXV. Polygamy (Refs & Annos)

750.440. Knowingly marrying one to whom marriage is prohibited



Sec. 440. KNOWINGLY MARRYING ONE TO WHOM MARRIAGE IS PROHIBITED--Any person who knowingly enters into a marriage with another, which is prohibited to the latter by the foregoing provisions of this chapter, [FN1] is guilty of a felony.



[FN1] M.C.L.A. § 750.439.




The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.441



Effective:[See Text Amendments]



Michigan Compiled Laws Annotated Currentness

Chapter 750. Michigan Penal Code

The Michigan Penal Code (Refs & Annos)

Chapter LXV. Polygamy (Refs & Annos)

750.441. Teaching, soliciting, or advocating polygamy



Sec. 441. TEACHING, SOLICITING AND ADVOCATING THE PRACTICE OF POLYGAMY--Any person who shall solicit to a polygamous life, or teach polygamy as a correct form of family life, for the purpose of inducing men and women to enter into the practice of polygamy or advocate the doctrine and practice of polygamy, or attempt to persuade any person by private or public discourse to adopt a polygamous life, shall be guilty of a felony.



The statutes are current through P.A.2013, No. 58, 61-64, of the 2013 Regular Session, 97th Legislature.



M.C.L.A. 750.442


Chapter 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities

Tags:01 CA (12.1%)

West's Ann.Cal.Penal Code § 368


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities (Refs & Annos)

§ 368. Crimes against elder or dependent adults


(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.


(b)(1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.


(2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows:


(A) Three years if the victim is under 70 years of age.


(B) Five years if the victim is 70 years of age or older.


(3) If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows:


(A) Five years if the victim is under 70 years of age.


(B) Seven years if the victim is 70 years of age or older.


(c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.


(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows:


(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).


(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).


(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows:


(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).


(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).


(f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.


(g) As used in this section, “elder” means any person who is 65 years of age or older.


(h) As used in this section, “dependent adult” means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.


(i) As used in this section, “caretaker” means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.


(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022. 7 and paragraph (2) or (3) of subdivision (b) for any single offense.


(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.


CREDIT(S)


(Formerly § 367a, added by Stats.1983, c. 968, § 1. Renumbered § 368 and amended by Stats.1984, c. 144, § 160. Amended by Stats.1986, c. 769, § 1.2, eff. Sept. 15, 1986; Stats.1997, c. 698 (S.B.1238), § 1; Stats.1998, c. 934 (A.B.0880), § 1; Stats.1998, c. 935 (S.B.1715), § 2; Stats.1998, c. 936 (A.B.105), § 7, eff. Sept. 28, 1998; Stats.1998, c. 936 (A.B.105), § 7.5, eff. Sept. 28, 1998, operative Jan. 1, 1999; Stats.2000, c. 214 (A.B.559), § 1; Stats.2001, c. 854 (S.B.205), § 27; Stats.2002, c. 369 (A.B.2140), § 2; Stats.2003, c. 543 (A.B.1131), § 1; Stats.2004, c. 886 (A.B.2611), § 1; Stats.2004, c. 893 (A.B.3095), § 1; Stats.2009, c. 25 (S.B.18), § 1; Stats.2009-2010, 3rd Ex.Sess., c. 28 (S.B.18), § 9, eff. Jan. 25, 2010; Stats.2011, c. 15 (A.B.109), § 336, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 366 (A.B.332), § 1.5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 368.5


Effective: January 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities (Refs & Annos)

§ 368.5. Jurisdiction


(a) Local law enforcement agencies and state law enforcement agencies with jurisdiction shall have concurrent jurisdiction to investigate elder and dependent adult abuse and all other crimes against elder victims and victims with disabilities.


(b) Adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect, and may assist local law enforcement agencies in criminal investigations at the law enforcement agencies' request, provided, however, that law enforcement agencies shall retain exclusive responsibility for criminal investigations, any provision of law to the contrary notwithstanding.


CREDIT(S)


(Added by Stats.2010, c. 617 (S.B.110), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


Chapter 2. Abandonment and Neglect of Children

Tags:01 CA (12.1%)

West's Ann.Cal.Penal Code § 270


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270. Failure to provide; parent; punishment; effect of custody; evidence; applicability of section; artificial insemination; treatment by spiritual means


If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child, he or she is guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. If a court of competent jurisdiction has made a final adjudication in either a civil or a criminal action that a person is the parent of a minor child and the person has notice of such adjudication and he or she then willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter, medical attendance or other remedial care for his or her child, this conduct is punishable by imprisonment in the county jail not exceeding one year or in a state prison for a determinate term of one year and one day, or by a fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment. This statute shall not be construed so as to relieve such parent from the criminal liability defined herein for such omission merely because the other parent of such child is legally entitled to the custody of such child nor because the other parent of such child or any other person or organization voluntarily or involuntarily furnishes such necessary food, clothing, shelter or medical attendance or other remedial care for such child or undertakes to do so.


Proof of abandonment or desertion of a child by such parent, or the omission by such parent to furnish necessary food, clothing, shelter or medical attendance or other remedial care for his or her child is prima facie evidence that such abandonment or desertion or omission to furnish necessary food, clothing, shelter or medical attendance or other remedial care is willful and without lawful excuse.


The court, in determining the ability of the parent to support his or her child, shall consider all income, including social insurance benefits and gifts.


The provisions of this section are applicable whether the parents of such child are or were ever married or divorced, and regardless of any decree made in any divorce action relative to alimony or to the support of the child. A child conceived but not yet born is to be deemed an existing person insofar as this section is concerned.


The husband of a woman who bears a child as a result of artificial insemination shall be considered the father of that child for the purpose of this section, if he consented in writing to the artificial insemination.


If a parent provides a minor with treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof, such treatment shall constitute “other remedial care”, as used in this section.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 568, p. 758, § 1; Stats.1909, c. 159, p. 258, § 1; Stats.1915, c. 374, p. 572, § 1; Stats.1917, c. 168, p. 252, § 1; Stats.1921, c. 911, p. 1723, § 1; Stats.1923, c. 284, p. 592, § 1; Stats.1925, c. 325, p. 544, § 1; Stats.1931, c. 696, p. 1438, § 1; Stats.1939, c. 1001, p. 2783, § 1; Stats.1955, c. 753, p. 1247, § 1; Stats.1957, c. 139, p. 742, § 32; Stats.1957, c. 1855, p. 3255, § 1; Stats.1965, c. 496, p. 1805, § 1; Stats.1968, c. 235, p. 546, § 2; Stats.1971, c. 1587, p. 3202, § 1; Stats.1974, c. 893, p. 1892, § 1; Stats.1976, c. 673, p. 1661, § 1; Stats.1983, c. 1092, § 259, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1984, c. 1432, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270.1


Effective: January 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270.1. Parent or guardian of chronic truant; failure to reasonably supervise and encourage school attendance deemed misdemeanor; punishment; deferred entry of judgment program; funding; punishment under other provisions; declaration of eligibility or ineligibility for program


(a) A parent or guardian of a pupil of six years of age or more who is in kindergarten or any of grades 1 to 8, inclusive, and who is subject to compulsory full-time education or compulsory continuation education, whose child is a chronic truant as defined in Section 48263.6 of the Education Code, who has failed to reasonably supervise and encourage the pupil's school attendance, and who has been offered language accessible support services to address the pupil's truancy, is guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. A parent or guardian guilty of a misdemeanor under this subdivision may participate in the deferred entry of judgment program defined in subdivision (b).


(b) A superior court may establish a deferred entry of judgment program that includes the components listed in paragraphs (1) to (7), inclusive, to adjudicate cases involving parents or guardians of elementary school pupils who are chronic truants as defined in Section 48263.6 of the Education Code:


(1) A dedicated court calendar.


(2) Leadership by a judge of the superior court in that county.


(3) Meetings, scheduled and held periodically, with school district representatives designated by the chronic truant's school district of enrollment. Those representatives may include school psychologists, school counselors, teachers, school administrators, or other educational service providers deemed appropriate by the school district.


(4) Service referrals for parents or guardians, as appropriate to each case that may include, but are not limited to, all of the following:


(A) Case management.


(B) Mental and physical health services.


(C) Parenting classes and support.


(D) Substance abuse treatment.


(E) Child care and housing.


(5) A clear statement that, in lieu of trial, the court may grant deferred entry of judgment with respect to the current crime or crimes charged if the defendant pleads guilty to each charge and waives time for the pronouncement of judgment and that, upon the defendant's compliance with the terms and conditions set forth by the court and agreed to by the defendant upon the entry of his or her plea, and upon the motion of the prosecuting attorney, the court will dismiss the charge or charges against the defendant and the same procedures specified for successful completion of a drug diversion program or a deferred entry of judgment program pursuant to Section 851.90 and the provisions of Section 1203.4 shall apply.


(6) A clear statement that failure to comply with any condition under the program may result in the prosecuting attorney or the court making a motion for entry of judgment, whereupon the court will render a finding of guilty to the charge or charges pled, enter judgment, and schedule a sentencing hearing as otherwise provided in this code.


(7) An explanation of criminal record retention and disposition resulting from participation in the deferred entry of judgment program and the defendant's rights relative to answering questions about his or her arrest and deferred entry of judgment following successful completion of the program.


(c) Funding for the deferred entry of judgment program pursuant to this section shall be derived solely from nonstate sources.


(d) A parent or guardian of an elementary school pupil who is a chronic truant, as defined in Section 48263.6 of the Education Code, may not be punished for a violation of both this section and the provisions of Section 272 that involve criminal liability for parents and guardians of truant children.


(e) If any district attorney chooses to charge a defendant with a violation of subdivision (a) and the defendant is found by the prosecuting attorney to be eligible or ineligible for deferred entry of judgment, the prosecuting attorney shall file with the court a declaration in writing, or state for the record, the grounds upon which that determination is based.


CREDIT(S)


(Added by Stats.2010, c. 647 (S.B.1317), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270.5. Duty to accept minor into parent's home or provide alternative shelter; request of child protection agency; lawful excuse


(a) Every parent who refuses, without lawful excuse, to accept his or her minor child into the parent's home, or, failing to do so, to provide alternative shelter, upon being requested to do so by a child protective agency and after being informed of the duty imposed by this statute to do so, is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500).


(b) For purposes of this section, “child protective agency” means a police or sheriff's department, a county probation department, or a county welfare department.


(c) For purposes of this section, “lawful excuse” shall include, but not be limited to, a reasonable fear that the minor child's presence in the home will endanger the safety of the parent or other persons residing in the home.


CREDIT(S)


(Added by Stats.1984, c. 1616, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270.6


Effective: January 1, 2003


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270.6. Willful violation of court order to pay spousal support; punishment


If a court of competent jurisdiction has made a temporary or permanent order awarding spousal support that a person must pay, the person has notice of that order, and he or she then leaves the state with the intent to willfully omit, without lawful excuse, to furnish the spousal support, he or she is punishable by imprisonment in a county jail for a period not exceeding one year, a fine not exceeding two thousand dollars ($2,000), or both that imprisonment and fine.


CREDIT(S)


(Added by Stats.2002, c. 410 (S.B.1399), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270a. Failure to provide support for spouse; punishment


Every individual who has 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 willfully abandons and leaves his or her spouse in a destitute condition, or who refuses or neglects to provide such spouse with necessary food, clothing, shelter, or medical attendance, unless by such spouse's conduct the individual was justified in abandoning such spouse, is guilty of a misdemeanor.


CREDIT(S)


(Added by Stats.1907, c. 74, p. 91, § 1. Amended by Stats.1909, c. 159, p. 258, § 2; Stats.1957, c. 139, p. 743, § 33; Stats.1957, c. 1855, p. 3255, § 2; Stats.1976, c. 1170, p. 5250, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270b


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270b. Undertaking to provide support; suspension of proceedings or sentence; proceedings on breach of undertaking


After arrest and before plea or trial, or after conviction or plea of guilty and before sentence under either Section 270 or 270a, if the defendant shall appear before the court and enter into an undertaking with sufficient sureties to the people of the State of California in such penal sum as the court may fix, to be approved by the court, and conditioned that the defendant will pay to the person having custody of such child or to such spouse, such sum per month as may be fixed by the court in order to thereby provide such minor child or such spouse as the case may be, with necessary food, shelter, clothing, medical attendance, or other remedial care, then the court may suspend proceedings or sentence therein; and such undertaking is valid and binding for two years, or such lesser time which the court shall fix; and upon the failure of defendant to comply with such undertaking, the defendant may be ordered to appear before the court and show cause why further proceedings should not be had in such action or why sentence should not be imposed, whereupon the court may proceed with such action, or pass sentence, or for good cause shown may modify the order and take a new undertaking and further suspend proceedings or sentence for a like period.


CREDIT(S)


(Added by Stats.1907, c. 74, p. 92, § 2. Amended by Stats.1909, c. 159, p. 259, § 3; Stats.1931, c. 645, p. 1386, § 1; Stats.1976, c. 1170, p. 5250, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270c


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270c. Failure of adult child to provide for indigent parent


Except as provided in Chapter 2 (commencing with Section 4410) of Part 4 of Division 9 of the Family Code, every adult child who, having the ability so to do, fails to provide necessary food, clothing, shelter, or medical attendance for an indigent parent, is guilty of a misdemeanor.


CREDIT(S)


(Added by Stats.1909, c. 113, p. 166, § 1. Amended by Stats.1955, c. 613, p. 1103, § 3; Stats.1992, c. 163 (A.B.2641), § 102, operative Jan. 1, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270d


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270d. Fine; disposition


In any case where there is a conviction and sentence under the provisions of either Section 270 or Section 270a, should a fine be imposed, such fine shall be directed by the court to be paid in whole or in part to the spouse of the defendant or guardian or custodian of the child or children of such defendant, except as follows:


If the children are receiving public assistance, all fines, penalties or forfeitures imposed and all funds collected from the defendant shall be paid to the county department. Money so paid shall be applied first to support for the calendar month following its receipt by the county department and any balance remaining shall be applied to future needs, or be treated as reimbursement for past support furnished from public assistance funds.


CREDIT(S)


(Added by Stats.1911, c. 379, p. 687, § 1. Amended by Stats.1963, c. 834, p. 2033, § 2; Stats.1974, c. 893, p. 1893, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270e


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270e. Evidence of marriage or parenthood; confidential communications; competency of husband and wife as witnesses; proof of willfulness


No other evidence shall be required to prove marriage of husband and wife, or that a person is the lawful father or mother of a child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under either Section 270a or 270 of this code, Sections 970, 971, and 980 of the Evidence Code do not apply, and both husband and wife shall be competent to testify to any and all relevant matters, including the fact of marriage and the parentage of a child or children. Proof of the abandonment and nonsupport of a spouse, or of the omission to furnish necessary food, clothing, shelter, or of medical attendance for a child or children is prima facie evidence that such abandonment and nonsupport or omission to furnish necessary food, clothing, shelter or medical attendance is willful. In any prosecution under Section 270, it shall be competent for the people to prove nonaccess of husband to wife or any other fact establishing nonpaternity of a husband. In any prosecution pursuant to Section 270, the final establishment of paternity or nonpaternity in another proceeding shall be admissible as evidence of paternity or nonpaternity.


CREDIT(S)


(Added by Stats.1911, c. 379, c. 688, § 1. Amended by Stats.1955, c. 948, p. 1834, § 1; Stats.1957, c. 1855, p. 3256, § 3; Stats.1965, c. 299, p. 1367, § 138, operative Jan. 1, 1967; Stats.1976, c. 1170, p. 5250, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270f


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270f. Report by parent of failure to support; investigation and action by district attorney


Where, under the provisions of this chapter, a report is filed by a parent of a child with the district attorney averring:


(1) That the other parent has failed to provide necessary support and


(2) That neither the child in need of assistance nor another on his behalf is receiving public assistance, the district attorney shall immediately investigate the verity of such report and determine the defaulting parent's location and financial ability to provide the needed support, and upon a finding that the report is true shall immediately take all steps necessary to obtain support for the child in need of assistance.


CREDIT(S)


(Added by Stats.1965, c. 496, p. 1806, § 2. Amended by Stats.1974, c. 893, p. 1893, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270g


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270g. Review of reports


A review of each report filed with the district attorney under Section 270f shall be made at 90-day intervals unless the support payments have been legally terminated, the parties involved are permanently located beyond county jurisdiction, or the defaulting parent is complying with the provisions of this chapter.


CREDIT(S)


(Added by Stats.1965, c. 496, p. 1806, § 3. Amended by Stats.1974, c. 893, p. 1894, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 270h


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 270h. Support order included in order granting probation; issuance of execution; assignment of wages


In any case where there is a conviction under either Section 270 or 270a and there is an order granting probation which includes an order for support, the court may:


(a) Issue an execution on the order for the support payments that accrue during the time the probation order is in effect, in the same manner as on a judgment in a civil action for support payments. This remedy shall apply only when there is no existing civil order of this state or a foreign court order that has been reduced to a judgment of this state for support of the same person or persons included in the probation support order.


(b) Issue an earnings assignment order for support pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code as a condition of probation. This remedy shall apply only when there is no existing civil order for support of the same person or persons included in the probation support order upon which an assignment order has been entered pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or pursuant to former Chapter 5 (commencing with Section 4390) of Title 1.5 of Part 5 of Division 4 of the Civil Code.


These remedies are in addition to any other remedies available to the court.


CREDIT(S)


(Added by Stats.1969, c. 1202, p. 2342, § 1. Amended by Stats.1971, c. 1587, p. 3203, § 2; Stats.1991, c. 1091 (A.B.1487), § 118; Stats.1992, c. 163 (A.B.2641), § 103, operative Jan. 1, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 271


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 271. Desertion of child under 14 with intent to abandon; punishment


Every parent of any child under the age of 14 years, and every person to whom any such child has been confided for nurture, or education, who deserts such child in any place whatever with intent to abandon it, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or in the county jail not exceeding one year or by fine not exceeding one thousand dollars ($1,000) or by both.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1909, c. 190, p. 297, § 1; Stats.1945, c. 250, p. 713, § 1; Stats.1983, c. 1092, § 260, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2011, c. 15 (A.B.109), § 306, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 271a


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 271a. Abandonment or failure to maintain child under 14; false representation that child is orphan; punishment


Every person who knowingly and willfully abandons, or who, having ability so to do, fails or refuses to maintain his or her minor child under the age of 14 years, or who falsely, knowing the same to be false, represents to any manager, officer or agent of any orphan asylum or charitable institution for the care of orphans, that any child for whose admission into that asylum or institution application has been made is an orphan, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail not exceeding one year, or by fine not exceeding one thousand dollars ($1,000), or by both.


CREDIT(S)


(Added by Stats.1905, c. 568, p. 758, § 2. Amended by Stats.1909, c. 190, p. 297, § 2; Stats.1983, c. 1092, § 261, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2011, c. 15 (A.B.109), § 307, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 271.5


Effective: January 1, 2008


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 271.5. Safe-surrender sites; parents or other individuals surrendering custody of baby


(a) No parent or other individual having lawful custody of a minor child 72 hours old or younger may be prosecuted for a violation of Section 270, 270.5, 271, or 271a if he or she voluntarily surrenders physical custody of the child to personnel on duty at a safe-surrender site.


(b) For purposes of this section, “safe-surrender site” has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1255.7 of the Health and Safety Code.


(c)(1) For purposes of this section, “lawful custody” has the same meaning as defined in subdivision (j) of Section 1255.7 of the Health and Safety Code.


(2) For purposes of this section, “personnel” has the same meaning as defined in paragraph (3) of subdivision (a) of Section 1255.7 of the Health and Safety Code.


CREDIT(S)


(Added by Stats.2000, c. 824 (S.B.1368), § 2. Amended by Stats.2003, c. 150 (S.B.139), § 2; Stats.2004, c. 103 (S.B.1413), § 2; Stats.2005, c. 279 (S.B.1107), § 3; Stats.2005, c. 625 (S.B.116), § 2; Stats.2007, c. 130 (A.B.299), § 186.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 272


Effective: January 1, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 272. Contributing to delinquency of persons under 18 years; persuading, luring, or transporting minors 12 years of age or younger


(a)(1) Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 18 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause that person to become or to remain a person within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment in a county jail, or may be released on probation for a period not exceeding five years.


(2) For purposes of this subdivision, a parent or legal guardian to any person under the age of 18 years shall have the duty to exercise reasonable care, supervision, protection, and control over their minor child.


(b)(1) An adult stranger who is 21 years of age or older, who knowingly contacts or communicates with a minor who is under 14 years of age, who knew or reasonably should have known that the minor is under 14 years of age, for the purpose of persuading and luring, or transporting, or attempting to persuade and lure, or transport, that minor away from the minor's home or from any location known by the minor's parent, legal guardian, or custodian, to be a place where the minor is located, for any purpose, without the express consent of the minor's parent or legal guardian, and with the intent to avoid the consent of the minor's parent or legal guardian, is guilty of an infraction or a misdemeanor, subject to subdivision (d) of Section 17.


(2) This subdivision shall not apply in an emergency situation.


(3) As used in this subdivision, the following terms are defined to mean:


(A) “Emergency situation” means a situation where the minor is threatened with imminent bodily harm, emotional harm, or psychological harm.


(B) “Contact” or “communication” includes, but is not limited to, the use of a telephone or the Internet, as defined in Section 17538 of the Business and Professions Code.


(C) “Stranger” means a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization, as defined in subdivision (e) of Section 6600 of the Welfare and Institutions Code.


(D) “Express consent” means oral or written permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.


(4) This section shall not be interpreted to criminalize acts of persons contacting minors within the scope and course of their employment, or status as a volunteer of a recognized civic or charitable organization.


(5) This section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children.


CREDIT(S)


(Added by Stats.1961, c. 1616, p. 3503, § 3. Amended by Stats.1972, c. 579, p. 1005, § 34; Stats.1976, c. 1068, p. 4740, § 1; Stats.1976, c. 1125, p. 5037, § 16; Stats.1979, c. 373, p. 1349, § 237; Stats.1988, c. 1256, § 2, eff. Sept. 26, 1988; Stats.2000, c. 621 (A.B.2021), § 1; Stats.2001, c. 159 (S.B.662), § 161; Stats.2005, c. 461 (A.B.33), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273. Paying or receiving money or thing of value to parent for placement for, or consent to, adoption of child


(a) It is a misdemeanor for any person or agency to pay, offer to pay, or to receive money or anything of value for the placement for adoption or for the consent to an adoption of a child. This subdivision shall not apply to any fee paid for adoption services provided by the State Department of Social Services, a licensed adoption agency, adoption services providers, as defined in Section 8502 of the Family Code, or an attorney providing adoption legal services.


(b) This section shall not make it unlawful to pay or receive the maternity-connected medical or hospital and necessary living expenses of the mother preceding and during confinement as an act of charity, as long as the payment is not contingent upon placement of the child for adoption, consent to the adoption, or cooperation in the completion of the adoption.


(c) It is a misdemeanor punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding two thousand five hundred dollars ($2,500) for any parent to obtain the financial benefits set forth in subdivision (b) with the intent to receive those financial benefits where there is an intent to do either of the following:


(1) Not complete the adoption.


(2) Not consent to the adoption.


(d) It is a misdemeanor punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding two thousand five hundred dollars ($2,500) for any parent to obtain the financial benefits set forth in subdivision (b) from two or more prospective adopting families or persons, if either parent does both of the following:


(1) Knowingly fails to disclose to those families or persons that there are other prospective adopting families or persons interested in adopting the child, with knowledge that there is an obligation to disclose that information.


(2) Knowingly accepts the financial benefits set forth in subdivision (b) if the aggregate amount exceeds the reasonable maternity-connected medical or hospital and necessary living expenses of the mother preceding and during the pregnancy.


(e) Any person who has been convicted previously of an offense described in subdivision (c) or (d), who is separately tried and convicted of a subsequent violation of subdivision (c) or (d), is guilty of a public offense punishable by imprisonment in a county jail or in the state prison.


(f) Nothing in this section shall be construed to prohibit the prosecution of any person for a misdemeanor or felony pursuant to Section 487 or any other provision of law in lieu of prosecution pursuant to this section.


CREDIT(S)


(Added by Stats.1967, c. 1088, p. 2723, § 1. Amended by Stats.1990, c. 1492 (A.B.4288), § 1; Stats.1993, c. 377 (S.B.244), § 1; Stats.1997, c. 185 (S.B.122), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273a. Willful harm or injury to child; endangering person or health; punishment; conditions of probation


(a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.


(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.


(c) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:


(1) A mandatory minimum period of probation of 48 months.


(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.


(3)(A) Successful completion of no less than one year of a child abuser's treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.


(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant's changed circumstances, the court may reduce or waive the fees.


(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer.


(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.


CREDIT(S)


(Added by Stats.1905, c. 568, p. 759, § 5. Amended by Stats.1963, c. 783, p. 1811, § 1; Stats.1965, c. 697, p. 2091, § 1; Stats.1976, c. 1139, p. 5108, § 165, operative July 1, 1977; Stats.1980, c. 1117, p. 3590, § 4; Stats.1984, c. 1423, § 2, eff. Sept. 26, 1984; Stats.1993, c. 1253 (A.B.897), § 1; Stats.1994, c. 1263 (A.B.1328), § 3; Stats.1996, c. 1090 (A.B.3215), § 1; Stats.1997, c. 134 (A.B.273), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273ab


Effective: January 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273ab. Assault resulting in death, comatose state, or paralysis of child under 8; imprisonment


(a) Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child's death, shall be punished by imprisonment in the state prison for 25 years to life. Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 189.


(b) Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature, shall be punished by imprisonment in the state prison for life with the possibility of parole. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.


CREDIT(S)


(Added by Stats.1993-94, 1st Ex.Sess., c. 47 (A.B.27), § 1, eff. Nov. 30, 1994. Amended by Stats.1996, c. 460 (A.B.2258), § 2; Stats.2010, c. 300 (A.B.1280), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273b


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273b. Children under 16; placement in courtroom or vehicle with adult offender; restriction


No child under the age of 16 years shall be placed in any courtroom, or in any vehicle for transportation to any place, in company with adults charged with or convicted of crime, except in the presence of a proper official.


CREDIT(S)


(Added by Stats.1905, c. 568, p. 760, § 6. Amended by Stats.1941, c. 106, p. 1081, § 8; Stats.1987, c. 828, § 13.5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273c


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273c. Prosecution instituted by society for prevention of cruelty to children; fines, penalties and forfeitures payable to society


All fines, penalties, and forfeitures imposed and collected under the provisions of Sections 270, 271, 271a, 273a, and 273b, or under the provisions of any law relating to, or affecting, children, in every case where the prosecution is instituted or conducted by a society incorporated under the laws of this state for the prevention of cruelty to children, inure to such society in aid of the purposes for which it is incorporated.


CREDIT(S)


(Added by Stats.1905, c. 568, p. 760, § 7. Amended by Stats.1987, c. 828, § 14.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273d


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273d. Corporal punishment or injury of child; felony; punishment; enhancement for prior conviction; conditions of probation


(a) Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years, or in a county jail for not more than one year, by a fine of up to six thousand dollars ($6,000), or by both that imprisonment and fine.


(b) Any person who is found guilty of violating subdivision (a) shall receive a four-year enhancement for a prior conviction of that offense provided that no additional term shall be imposed under this subdivision for any prison term or term imposed under the provisions of subdivision (h) of Section 1170 served prior to a period of 10 years in which the defendant remained free of both the commission of an offense that results in a felony conviction and prison custody or custody in a county jail under the provisions of subdivision (h) of Section 1170.


(c) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:


(1) A mandatory minimum period of probation of 36 months.


(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.


(3)(A) Successful completion of no less than one year of a child abuser's treatment counseling program. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.


(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant's changed circumstances, the court may reduce or waive the fees.


(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer.


(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.


CREDIT(S)


(Added by Stats.1945, c. 1312, p. 2462, § 1. Amended by Stats.1957, c. 1342, p. 2673, § 1; Stats.1965, c. 1271, p. 3146, § 4; Stats.1976, c. 1139, p. 5109, § 166, operative July 1, 1977; Stats.1977, c. 908, p. 2780, § 1; Stats.1977, c. 912, p. 2786, § 2; Stats.1980, c. 1117, p. 3590, § 5; Stats.1984, c. 1423, § 3, eff. Sept. 26, 1984; Stats.1987, c. 415, § 1; Stats.1993, c. 607 (S.B.529), § 1; Stats.1996, c. 1090 (A.B.3215), § 2; Stats.1997, c. 134 (A.B.273), § 2; Stats.1999, c. 662 (S.B.218), § 8; Stats.2004, c. 229 (S.B.1104), § 14, eff. Aug. 16, 2004; Stats.2011, c. 15 (A.B.109), § 312, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011-2012, 1st Ex.Sess., c. 12 (A.B.17), § 8, eff. Sept. 21, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273e


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273e. Places of questionable repute; minors not to deliver messages, etc., or enter


Every telephone, special delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor.


CREDIT(S)


(Added by Stats.1905, c. 568, p. 760, § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273f


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273f. Sending minors to immoral places


Any person, whether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed to any saloon, gambling house, house of prostitution, or other immoral place, any minor, is guilty of a misdemeanor.


CREDIT(S)


(Added by Stats.1907, c. 294, p. 565, § 2. Amended by Stats.1972, c. 579, p. 1006, § 35.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273g


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273g. Degrading, immoral, or vicious practices or habitual drunkenness in presence of children


Any person who in the presence of any child indulges in any degrading, lewd, immoral or vicious habits or practices, or who is habitually drunk in the presence of any child in his care, custody or control, is guilty of a misdemeanor.


CREDIT(S)


(Added by Stats.1907, c. 413, p. 756, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273h


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273h. Sentence to work on public roads; payment of earnings to wife or to guardian of children, etc.


In all prosecutions under the provisions of either section 270, section 270a, section 270b, section 271 or section 271a, of this code, where a conviction is had and sentence of imprisonment in the county jail or in the city jail is imposed, the court may direct that the person so convicted shall be compelled to work upon the public roads or highways, or any other public work, in the county or in the city where such conviction is had, during the term of such sentence. And it shall be the duty of the board of supervisors of the county where such person is imprisoned in the county jail, and of the city council of the city where such person is imprisoned in the city jail, where such conviction and sentence are had and where such work is performed by a person under sentence to the county jail or to the city jail, to allow and order the payment out of any funds available, to the wife or to the guardian, or to the custodian of a child or children, or to an organization, or to an individual, appointed by the court as trustee, at the end of each calendar month, for the support of such wife or children, a sum not to exceed two dollars for each day's work of such person so imprisoned.


CREDIT(S)


(Added by Stats.1911, c. 379, p. 688, § 1. Amended by Stats.1927, c. 243, p. 433, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273i


Effective: January 1, 2009


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273i. Publication of information describing or depicting child or relating to child with intent that information be used to commit crime against child; punishment; definitions; injunction


(a) Any person who publishes information describing or depicting a child, the physical appearance of a child, the location of a child, or locations where children may be found with the intent that another person imminently use the information to commit a crime against a child and the information is likely to aid in the imminent commission of a crime against a child, is guilty of a misdemeanor, punishable by imprisonment in a county jail for not more than one year, a fine of not more than one thousand dollars ($1,000), or by both a fine and imprisonment.


(b) For purposes of this section, “publishes” means making the information available to another person through any medium, including, but not limited to, the Internet, the World Wide Web, or e-mail.


(c) For purposes of this section, “child” means a person who is 14 years of age or younger.


(d) For purposes of this section, “information” includes, but is not limited to, an image, film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, or any other computer-generated image.


(e) Any parent or legal guardian of a child about whom information is published in violation of subdivision (a) may seek a preliminary injunction enjoining any further publication of that information.


CREDIT(S)


(Added by Stats.2008, c. 423 (A.B.534), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273j


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273j. Notification of public safety agency of death of child; notification of law enforcement of missing child; penalties


(a)(1) Any parent or guardian having the care, custody, or control of a child under 14 years of age who knows or should have known that the child has died shall notify a public safety agency, as defined in Section 53102 of the Government Code, within 24 hours of the time that the parent or guardian knew or should have known that the child has died.


(2) This subdivision shall not apply when a child is otherwise under the immediate care of a physician at the time of death, or if a public safety agency, a coroner, or a medical examiner is otherwise aware of the death.


(b)(1) Any parent or guardian having the care, custody, or control of a child under 14 years of age shall notify law enforcement within 24 hours of the time that the parent or guardian knows or should have known that the child is a missing person and there is evidence that the child is a person at risk, as those terms are defined in Section 14213.


(2) This subdivision shall not apply if law enforcement is otherwise aware that the child is a missing person.


(c) A violation of this section is a misdemeanor punishable by imprisonment in a county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.


(d) Nothing in this section shall preclude prosecution under any other provision of law.


CREDIT(S)


(Added by Stats.2012, c. 805 (A.B.1432), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273.1. Treatment programs for child abusers convicted of specified sections


(a) Any treatment program to which a child abuser convicted of a violation of Section 273a or 273d is referred as a condition of probation shall meet the following criteria:


(1) Substantial expertise and experience in the treatment of victims of child abuse and the families in which abuse and violence have occurred.


(2) Staff providing direct service are therapists licensed to practice in this state or are under the direct supervision of a therapist licensed to practice in this state.


(3) Utilization of a treatment regimen designed to specifically address the offense, including methods of preventing and breaking the cycle of family violence, anger management, and parenting education that focuses, among other things, on means of identifying the developmental and emotional needs of the child.


(4) Utilization of group and individual therapy and counseling, with groups no larger than 12 persons.


(5) Capability of identifying substance abuse and either treating the abuse or referring the offender to a substance abuse program, to the extent that the court has not already done so.


(6) Entry into a written agreement with the defendant that includes an outline of the components of the program, the attendance requirements, a requirement to attend group session free of chemical influence, and a statement that the defendant may be removed from the program if it is determined that the defendant is not benefiting from the program or is disruptive to the program.


(7) The program may include, on the recommendation of the treatment counselor, family counseling. However, no child victim shall be compelled or required to participate in the program, including family counseling, and no program may condition a defendant's enrollment on participation by the child victim. The treatment counselor shall privately advise the child victim that his or her participation is voluntary.


(b) If the program finds that the defendant is unsuitable, the program shall immediately contact the probation department or the court. The probation department or court shall either recalendar the case for hearing or refer the defendant to an appropriate alternative child abuser's treatment counseling program.


(c) Upon request by the child abuser's treatment counseling program, the court shall provide the defendant's arrest report, prior incidents of violence, and treatment history to the program.


(d) The child abuser's treatment counseling program shall provide the probation department and the court with periodic progress reports at least every three months that include attendance, fee payment history, and program compliance. The program shall submit a final evaluation that includes the program's evaluation of the defendant's progress, and recommendation for either successful or unsuccessful termination of the program.


(e) The defendant shall pay for the full costs of the treatment program, including any drug testing. However, the court may waive any portion or all of that financial responsibility upon a finding of an inability to pay. Upon the request of the defendant, the court shall hold a hearing to determine the defendant's ability to pay for the treatment program. At the hearing the court may consider all relevant information, but shall consider the impact of the costs of the treatment program on the defendant's ability to provide food, clothing, and shelter for the child injured by a violation of Section 273a or 273d. If the court finds that the defendant is unable to pay for any portion of the costs of the treatment program, its reasons for that finding shall be stated on the record. In the event of this finding, the program fees or a portion thereof shall be waived.


(f) All programs accepting referrals of child abusers pursuant to this section shall accept offenders for whom fees have been partially or fully waived. However, the court shall require each qualifying program to serve no more than its proportionate share of those offenders who have been granted fee waivers, and require all qualifying programs to share equally in the cost of serving those offenders with fee waivers.


CREDIT(S)


(Added by Stats.1996, c. 1090 (A.B.3215), § 3. Amended by Stats.1997, c. 17 (S.B.947), § 95.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.4


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273.4. Female genital mutilation; additional punishment


(a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital mutilation, as defined in subdivision (b), the defendant shall be punished by an additional term of imprisonment in the state prison for one year, in addition and consecutive to the punishment prescribed by Section 273a.


(b) “Female genital mutilation” means the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes.


(c) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.


CREDIT(S)


(Added by Stats.1996, c. 790 (A.B.2125), § 4. Amended by Stats.2011, c. 15 (A.B.109), § 308, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 39 (A.B.117), § 12, eff. June 30, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.5


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273.5. Willful infliction of corporal injury; violation; punishment


(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.


(b) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.


(c) As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck.


(d) For the purpose of this section, a person shall be considered the father or mother of another person's child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code.


(e)(1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000).


(2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine.


(f) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097.


(g) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (e), the court shall impose one of the following conditions of probation:


(1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition thereof, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days.


(2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days.


(3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause.


(h) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements:


(1) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.


(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.


For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.


(i) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.


(j) If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen's arrest pursuant to subdivision (b) of Section 836.


CREDIT(S)


(Added by Stats.1977, c. 912, p. 2786, § 3. Amended by Stats.1980, c. 1117, p. 3589, § 3; Stats.1985, c. 563, § 1; Stats.1987, c. 415, § 2; Stats.1988, c. 576, § 1, eff. Aug. 26, 1988; Stats.1990, c. 680 (A.B.2632), § 1; Stats.1992, c. 163 (A.B.2641), § 104; Stats.1992, c. 183 (S.B.1545), § 1; Stats.1992, c. 184 (A.B.2439), § 3; Stats.1993, c. 219 (A.B.1500), § 216.4; Stats.1993-94, 1st Ex.Sess., c. 28 (A.B.93), § 2, eff. Nov. 30, 1994; Stats.1996, c. 1075 (S.B.1444), § 15; Stats.1996, c. 1077 (A.B.2898), § 16; Stats.1999, c. 660 (S.B.563), § 2; Stats.1999, c. 662 (S.B.218), § 9.5; Stats.2000, c. 287 (S.B.1955), § 5; Stats.2003, c. 262 (A.B.134), § 1; Stats.2007, c. 582 (A.B.289), § 1; Stats.2011, c. 129 (S.B.430), § 2; Stats.2012, c. 867 (S.B.1144), § 16.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.55


Effective: January 1, 2000


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§§ 273.55, 273.56. Repealed by Stats.1999, c. 662 (S.B.218), §§ 10, 11


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.56


Effective: January 1, 2000


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§§ 273.55, 273.56. Repealed by Stats.1999, c. 662 (S.B.218), §§ 10, 11


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.6


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273.6. Intentional and knowing violation of court order to prevent harassment, disturbing the peace, or threats or acts of violence; penalties


(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.


(b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.


(c) Subdivisions (a) and (b) shall apply to the following court orders:


(1) Any order issued pursuant to Section 6320 or 6389 of the Family Code.


(2) An order excluding one party from the family dwelling or from the dwelling of the other.


(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).


(4) Any order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.


(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or “a credible threat” of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.


(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.


(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).


(g)(1) Every person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.


(2) Every person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.


(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:


(1) That the defendant make payments to a battered women's shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.


(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.


(i) For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.


CREDIT(S)


(Added by Stats.1979, c. 795, p. 2713, § 12, operative July 1, 1980. Amended by Stats.1981, c. 182, p. 1104, § 5; Stats.1982, c. 423, p. 1775, § 2; Stats.1983, c. 1092, § 262, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1985, c. 1387, § 1; Stats.1986, c. 10, § 1, eff. Feb. 28, 1986; Stats.1988, c. 674, § 1, eff. Aug. 27, 1988; Stats.1989, c. 1105, § 12; Stats.1990, c. 411 (A.B.3973), § 8, eff. July 25, 1990; Stats.1992, c. 163 (A.B.2641), § 105; Stats.1992, c. 184 (A.B.2439), § 4; Stats.1992, c. 1209 (A.B.2762), §§ 1, 2; Stats.1993, c. 219 (A.B.1500), § 216.5; Stats.1993, c. 583 (A.B.284), § 5; Stats.1993-94, 1st Ex.Sess., c. 28 (A.B.93), § 3, eff. Nov. 30, 1994; Stats.1993-94, 1st Ex.Sess., c. 29 (A.B.68), § 3.5, eff. Nov. 30, 1994; Stats.1994, c. 873 (S.B.739), § 2.3; Stats.1996, c. 904 (A.B.2224), § 5; Stats.1996, c. 1077 (A.B.2898), § 17.1; Stats.1999, c. 561 (A.B.59), § 5; Stats.1999, c. 662 (S.B.218), § 12.5; Stats.2001, c. 816 (A.B.731), § 4; Stats.2003, c. 498 (S.B.226), § 7; Stats.2009, c. 566 (S.B.188), § 2; Stats.2010, c. 709 (S.B.1062), § 10; Stats.2010, c. 178 (S.B.1115), § 55, operative Jan. 1, 2012; Stats.2011, c. 285 (A.B.1402), § 13; Stats.2011, c. 15 (A.B.109), § 310, eff. April 4, 2011, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.65


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273.65. Intentional and knowing violations of restraining and protective orders relating to minors adjudged to be dependent children of the juvenile court; offense; penalties


(a) Any intentional and knowing violation of a protective order issued pursuant to Section 213.5, 304, or 362.4 of the Welfare and Institutions Code is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment.


(b) In the event of a violation of subdivision (a) which results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both the fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interests of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.


(c) Subdivisions (a) and (b) shall apply to the following court orders:


(1) An order enjoining any party from molesting, attacking, striking, threatening, sexually assaulting, battering, harassing, contacting repeatedly by mail with the intent to harass, or disturbing the peace of the other party, or other named family and household members.


(2) An order excluding one party from the family dwelling or from the dwelling of the other.


(3) An order enjoining a party from specified behavior which the court determined was necessary to effectuate the order under subdivision (a).


(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or “a credible threat” of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.


(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) which results in physical injury to the same victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interests of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.


(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders issued pursuant to subdivisions (a), (b), (d), and (e).


(g) The court may order a person convicted under this section to undergo counseling, and, if appropriate, to complete a batterer's treatment program.


(h) If probation is granted upon conviction of a violation of subdivision (a), (b), or (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements:


(1) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.


(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.


(i) For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.


CREDIT(S)


(Added by Stats.1996, c. 1139 (A.B.2647), § 2. Amended by Stats.2011, c. 15 (A.B.109), § 311, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.7


Effective: January 1, 2007


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273.7. Malicious disclosure of location of trafficking shelter or domestic violence shelter; misdemeanor; definitions; nonapplication to attorney-client communications


(a) Any person who maliciously publishes, disseminates, or otherwise discloses the location of any trafficking shelter or domestic violence shelter or any place designated as a trafficking shelter or domestic violence shelter, without the authorization of that trafficking shelter or domestic violence shelter, is guilty of a misdemeanor.


(b)(1) For purposes of this section, “domestic violence shelter” means a confidential location that provides emergency housing on a 24-hour basis for victims of sexual assault, spousal abuse, or both, and their families.


(2) For purposes of this section, “trafficking shelter” means a confidential location that provides emergency housing on a 24-hour basis for victims of human trafficking, including any person who is a victim under Section 236.1.


(3) Sexual assault, spousal abuse, or both, include, but are not limited to, those crimes described in Sections 240, 242, 243.4, 261, 261.5, 262, 264.1, 266, 266a, 266b, 266c, 266f, 273.5, 273.6, 285, 288, and 289.


(c) Nothing in this section shall apply to confidential communications between an attorney and his or her client.


CREDIT(S)


(Added by Stats.1988, c. 840, § 1. Amended by Stats.1994, c. 1188 (S.B.59), § 4; Stats.2005, c. 240 (A.B.22), § 9; Stats.2006, c. 538 (S.B.1852), § 499.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.75


Effective: January 1, 2009


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2. Abandonment and Neglect of Children

§ 273.75. Criminal history search; prior restraining orders


(a) On any charge involving acts of domestic violence as defined in subdivisions (a) and (b) of Section 13700 of the Penal Code or Sections 6203 and 6211 of the Family Code, the district attorney or prosecuting city attorney shall perform or cause to be performed, by accessing the electronic databases enumerated in subdivision (b), a thorough investigation of the defendant's history, including, but not limited to, prior convictions for domestic violence, other forms of violence or weapons offenses and any current protective or restraining order issued by any civil or criminal court. This information shall be presented for consideration by the court (1) when setting bond or when releasing a defendant on his or her own recognizance at the arraignment, if the defendant is in custody, (2) upon consideration of any plea agreement, and (3) when issuing a protective order pursuant to Section 136.2 of the Penal Code, in accordance with subdivision (h) of that section. In determining bail or release upon a plea agreement, the court shall consider the safety of the victim, the victim's children, and any other person who may be in danger if the defendant is released.


(b) For purposes of this section, the district attorney or prosecuting city attorney shall search or cause to be searched the following databases, when readily available and reasonably accessible:


(1) The Violent Crime Information Network (VCIN).


(2) The Supervised Release File.


(3) State summary criminal history information maintained by the Department of Justice pursuant to Section 11105 of the Penal Code.


(4) The Federal Bureau of Investigation's nationwide database.


(5) Locally maintained criminal history records or databases.


However, a record or database need not be searched if the information available in that record or database can be obtained as a result of a search conducted in another record or database.


(c) If the investigation required by this section reveals a current civil protective or restraining order or a protective or restraining order issued by another criminal court and involving the same or related parties, and if a protective or restraining order is issued in the current criminal proceeding, the district attorney or prosecuting city attorney shall send relevant information regarding the contents of the order issued in the current criminal proceeding, and any information regarding a conviction of the defendant, to the other court immediately after the order has been issued. When requested, the information described in this subdivision may be sent to the appropriate family, juvenile, or civil court. When requested, and upon a showing of a compelling need, the information described in this section may be sent to a court in another state.


CREDIT(S)


(Added by Stats.2001, c. 572 (S.B.66), § 4. Amended by Stats.2008, c. 86 (A.B.1771), § 2.)


Chapter 5. Bigamy, Incest, and the Crime Against Nature

Tags:01 CA (12.1%)

West's Ann.Cal.Penal Code § 281


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 281. Bigamy defined; evidence necessary to support proof


(a) Every person having a husband or wife living, who marries any other person, except in the cases specified in Section 282, is guilty of bigamy.


(b) Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the marriages may be proved by evidence which is admissible to prove a marriage in other cases; and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1987, c. 828, § 17; Stats.1989, c. 897, § 18.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 282


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 282. Bigamy; exceptions


Section 281 does not extend to any of the following:


(a) To any person by reason of any former marriage whose husband or wife by such marriage has been absent for five successive years without being known to such person within that time to be living.


(b) To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1987, c. 828, § 18.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 283


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 283. Bigamy; punishment


Bigamy is punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding one year or in the state prison.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 272, p. 245, § 1; Stats.1949, c. 1252, p. 2205, § 1; Stats.1976, c. 1139, p. 5110, § 172, operative July 1, 1977; Stats.1983, c. 1092, § 264, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 284


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 284. Marrying husband or wife of another; scienter; punishment


Every person who knowingly and willfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chapter, is punishable by fine not less than five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 272, p. 245, § 2; Stats.1976, c. 1139, p. 5110, § 173, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 316, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 285


Effective: January 1, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 285. Incest


Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1921, c. 101, p. 96, § 1; Stats.1976, c. 1139, p. 5110, § 174, operative July 1, 1977; Stats.2005, c. 477 (S.B.33), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 286


Effective: September 9, 2010


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 286. Sodomy; punishment


(a) Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy.


(b)(1) Except as provided in Section 288, any person who participates in an act of sodomy with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.


(2) Except as provided in Section 288, any person over the age of 21 years who participates in an act of sodomy with another person who is under 16 years of age shall be guilty of a felony.


(c)(1) Any person who participates in an act of sodomy with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.


(2)(A) Any person who commits an act of sodomy when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.


(B) Any person who commits an act of sodomy with another person who is under 14 years of age when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 9, 11, or 13 years.


(C) Any person who commits an act of sodomy with another person who is a minor 14 years of age or older when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 7, 9, or 11 years.


(D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law.


(3) Any person who commits an act of sodomy where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.


(d)(1) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy when the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person or where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for five, seven, or nine years.


(2) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy upon a victim who is under 14 years of age, when the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 10, 12, or 14 years.


(3) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy upon a victim who is a minor 14 years of age or older, when the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 7, 9, or 11 years.


(4) This subdivision does not preclude prosecution under Section 269, Section 288.7, or any other provision of law.


(e) Any person who participates in an act of sodomy with any person of any age while confined in any state prison, as defined in Section 4504, or in any local detention facility, as defined in Section 6031.4, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.


(f) Any person who commits an act of sodomy, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:


(1) Was unconscious or asleep.


(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.


(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.


(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.


(g) Except as provided in subdivision (h), a person who commits an act of sodomy, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison for three, six, or eight years. Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.


(h) Any person who commits an act of sodomy, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year. Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.


(i) Any person who commits an act of sodomy, where the victim is prevented from resisting by an intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for three, six, or eight years.


(j) Any person who commits an act of sodomy, where the victim submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for three, six, or eight years.


(k) Any person who commits an act of sodomy, where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for three, six, or eight years.


As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.


(l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury, or death.


(m) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23. The court, however, shall take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1921, c. 90, p. 87, § 1; Stats.1949, 1st Ex.Sess., c. 15, p. 29, § 1; Stats.1952, 1st Ex.Sess., c. 23, p. 380, § 2; Stats.1975, c. 71, p. 133, § 7; Stats.1975, c. 877, p. 1957, § 1; Stats.1976, c. 1139, p. 5110, § 175, operative July 1, 1977; Stats.1977, c. 490, p. 1613, § 1; Stats.1978, c. 579, p. 1983, § 16; Stats.1979, c. 944, p. 3253, § 6; Stats.1980, c. 915, p. 2912, § 1; Stats.1981, c. 896, p. 3414, § 1; Stats.1983, c. 949, § 2; Stats.1985, c. 929, § 1; Stats.1985, c. 1063, § 1; Stats.1985, c. 1085, § 2; Stats.1986, c. 1299, § 3; Stats.1988, c. 1243, § 6; Stats.1991, c. 144 (A.B.419), § 1; Stats.1993, c. 595 (A.B.187), § 4; Stats.1993-94, 1st Ex.Sess., c. 40 (A.B.85), § 2, eff. Nov. 30, 1994; Stats.1998, c. 936 (A.B.105), § 4, eff. Sept. 28, 1998; Stats.2002, c. 302 (S.B.1421), § 3; Stats.2010, c. 219 (A.B.1844), § 6, eff. Sept. 9, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 286.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 286.1. Repealed by Stats.1975, c. 71, p. 133, § 8


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 286.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 286.5. Sexually assaulting animal; misdemeanor


Any person who sexually assaults any animal protected by Section 597f for the purpose of arousing or gratifying the sexual desire of the person is guilty of a misdemeanor.


CREDIT(S)


(Added by Stats.1975, c. 71, p. 134, § 8.5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 287


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 287. Repealed by Stats.1991, c. 144 (A.B.419), § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 288


Effective: September 9, 2010


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 288. Lewd or lascivious acts; penalties; psychological harm to victim


(a) Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.


(b)(1) Any person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.


(2) Any person who is a caretaker and commits an act described in subdivision (a) upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.


(c)(1) Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.


(2) Any person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.


(d) In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim resulting from participation in the court process.


(e) Upon the conviction of any person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.


If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.


(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:


(1) “Caretaker” means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons:


(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.


(B) Clinics.


(C) Home health agencies.


(D) Adult day health care centers.


(E) Secondary schools that serve dependent persons and postsecondary educational institutions that serve dependent persons or elders.


(F) Sheltered workshops.


(G) Camps.


(H) Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.


(I) Respite care facilities.


(J) Foster homes.


(K) Regional centers for persons with developmental disabilities.


(L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.


(M) An agency that supplies in-home supportive services.


(N) Board and care facilities.


(O) Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.


(P) Private residences.


(2) “Board and care facilities” means licensed or unlicensed facilities that provide assistance with one or more of the following activities:


(A) Bathing.


(B) Dressing.


(C) Grooming.


(D) Medication storage.


(E) Medical dispensation.


(F) Money management.


(3) “Dependent person” means any person who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. “Dependent person” includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.


(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).


(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person under care.


(i)(1) Any person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.


(2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.


(3) As used in this subdivision, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.


CREDIT(S)


(Added by Stats.1901, c. 204, p. 630, § 1. Amended by Stats.1933, c. 405, p. 1028, § 1; Stats.1937, c. 545, p. 1562, § 1; Stats.1976, c. 1139, p. 5110, § 177, operative July 1, 1977; Stats.1978, c. 579, p. 1984, § 17; Stats.1979, c. 944, p. 3254, § 6.5; Stats.1981, c. 1064, p. 4093, § 1; Stats.1986, c. 1299, § 4; Stats.1987, c. 1068, § 3; Stats.1988, c. 1398, § 1; Stats.1989, c. 1402, § 3; Stats.1993-94, 1st Ex.Sess., c. 60 (A.B.29), § 1, eff. Nov. 30, 1994; Stats.1995, c. 890 (S.B.1161), § 1; Stats.1998, c. 925 (A.B.1290), § 2; Stats.2004, c. 823 (A.B.20), § 7; Stats.2010, c. 219 (A.B.1844), § 7, eff. Sept. 9, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 288a


Effective: September 9, 2010


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 288a. Oral copulation; punishment


(a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.


(b)(1) Except as provided in Section 288, any person who participates in an act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.


(2) Except as provided in Section 288, any person over the age of 21 years who participates in an act of oral copulation with another person who is under 16 years of age is guilty of a felony.


(c)(1) Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.


(2)(A) Any person who commits an act of oral copulation when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.


(B) Any person who commits an act of oral copulation upon a person who is under 14 years of age, when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.


(C) Any person who commits an act of oral copulation upon a minor who is 14 years of age or older, when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years.


(D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law.


(3) Any person who commits an act of oral copulation where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.


(d)(1) Any person who, while voluntarily acting in concert with another person, either personally or by aiding and abetting that other person, commits an act of oral copulation (1) when the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, or (2) where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, or (3) where the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison for five, seven, or nine years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime described under paragraph (3), that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.


(2) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of oral copulation upon a victim who is under 14 years of age, when the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 10, 12, or 14 years.


(3) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of oral copulation upon a victim who is a minor 14 years of age or older, when the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.


(4) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law.


(e) Any person who participates in an act of oral copulation while confined in any state prison, as defined in Section 4504 or in any local detention facility as defined in Section 6031.4, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.


(f) Any person who commits an act of oral copulation, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:


(1) Was unconscious or asleep.


(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.


(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.


(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the oral copulation served a professional purpose when it served no professional purpose.


(g) Except as provided in subdivision (h), any person who commits an act of oral copulation, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison, for three, six, or eight years. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.


(h) Any person who commits an act of oral copulation, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.


(i) Any person who commits an act of oral copulation, where the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.


(j) Any person who commits an act of oral copulation, where the victim submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.


(k) Any person who commits an act of oral copulation, where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.


As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.


(l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.


(m) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.


CREDIT(S)


(Added by Stats.1921, c. 848, p. 1633, § 2. Amended by Stats.1950, 1st Ex.Sess., c. 56, p. 512, § 1; Stats.1952, 1st Ex.Sess., c. 23, p. 380, § 3; Stats.1955, c. 274, p. 729, § 1; Stats.1975, c. 71, p. 134, § 10; Stats.1975, c. 877, p. 1958, § 2; Stats.1976, c. 1139, p. 5111, § 178, operative July 1, 1977; Stats.1977, c. 490, p. 1614, § 2; Stats.1978, c. 579, p. 1984, § 18; Stats.1979, c. 944, p. 3254, § 7; Stats.1980, c. 915, p. 2913, § 2; Stats.1981, c. 896, p. 3415, § 2; Stats.1982, c. 1111, p. 4025, § 5; Stats.1983, c. 949, § 3; Stats.1985, c. 929, § 2; Stats.1985, c. 1062, § 1; Stats.1985, c. 1085, § 5; Stats.1986, c. 1299, § 5; Stats.1988, c. 1243, § 7; Stats.1993, c. 595 (A.B.187), § 5; Stats.1993-94, 1st Ex.Sess., c. 40 (A.B.85), § 3, eff. Nov. 30, 1994; Stats.1998, c. 936 (A.B.105), § 5, eff. Sept. 28, 1998; Stats.2002, c. 302 (S.B.1421), § 4; Stats.2010, c. 219 (A.B.1844), § 8, eff. Sept. 9, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 288b


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 288b. Repealed by Stats.1975, c. 71, p. 134, § 11


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 288.1


Effective: January 1, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 288.1. Lewd or lascivious acts; suspended sentence; report on mental condition as prerequisite


Any person convicted of committing any lewd or lascivious act including any of the acts constituting other crimes provided for in Part 1 of this code upon or with the body, or any part or member thereof, of a child under the age of 14 years shall not have his or her sentence suspended until the court obtains a report from a reputable psychiatrist, from a reputable psychologist who meets the standards set forth in Section 1027, as to the mental condition of that person.


CREDIT(S)


(Added by Stats.1941, c. 1201, p. 2972, § 1. Amended by Stats.1965, c. 1815, p. 4189, § 1; Stats.1983, c. 188, § 2; Stats.1995, c. 935 (S.B.816), § 2; Stats.2005, c. 477 (S.B.33), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 288.2


Effective: June 27, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 288.2. Harmful matter sent with intent of seduction of minor


(a)(1) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including, but not limited to, live or recorded telephone messages, any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent or for the purpose of seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail.


(2) A person convicted of a second and any subsequent conviction for a violation of this subdivision is guilty of a felony and shall be punished by imprisonment in state prison.


(b)(1) Every person who, with knowledge that a person is a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by electronic mail, the Internet, as defined in Section 17538 of the Business and Professions Code, or a commercial online service, any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent, or for the purpose of seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail.


(2) A person convicted of a second and any subsequent conviction for a violation of this subdivision is guilty of a felony punishable by imprisonment in the state prison.


(c) It shall be a defense to any prosecution under this section that a parent or guardian committed the act charged in aid of legitimate sex education.


(d) It shall be a defense in any prosecution under this section that the act charged was committed in aid of legitimate scientific or educational purposes.


(e) It does not constitute a violation of this section for a telephone corporation, as defined in Section 234 of the Public Utilities Code, a cable television company franchised pursuant to Section 53066 of the Government Code, or any of its affiliates, an Internet service provider, or commercial online service provider, to carry, broadcast, or transmit messages described in this section or perform related activities in providing telephone, cable television, Internet, or commercial online services.


CREDIT(S)


(Added by Stats.1989, c. 1316, § 1. Amended by Stats.1997, c. 590 (A.B.181), § 1; Stats.2011, c. 15 (A.B.109), § 317, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2012, c. 43 (S.B.1023), § 16, eff. June 27, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 288.3


Effective: November 8, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 288.3. Contact of minor with intent to commit sexual offense; punishment


(a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.


(b) As used in this section, “contacts or communicates with” shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system.


(c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.


CREDIT(S)


(Added by Initiative Measure (Prop. 83, § 6, approved Nov. 7, 2006, eff. Nov. 8, 2006).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 288.4


Effective: October 13, 2007


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 288.4. Contact of minor with intent to commit sexual offense; punishment


(a)(1) Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.


(2) Every person who violates this subdivision after a prior conviction for an offense listed in subdivision (c) of Section 290 shall be punished by imprisonment in the state prison.


(b) Every person described in paragraph (1) of subdivision (a) who goes to the arranged meeting place at or about the arranged time, shall be punished by imprisonment in the state prison for two, three, or four years.


(c) Nothing in this section shall preclude or prohibit prosecution under any other provision of law.


CREDIT(S)


(Formerly § 288.3, added by Stats.2006, c. 337 (S.B.1128), § 7, eff. Sept. 20, 2006. Renumbered § 288.4 and amended by Stats.2007, c. 579 (S.B.172), § 5, eff. Oct. 13, 2007.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 288.5


Effective: September 20, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 288.5. Continuous sexual abuse of a child


(a) Any person who either resides in the same home with the minor child or has recurring access to the child, who over a period of time, not less than three months in duration, engages in three or more acts of substantial sexual conduct with a child under the age of 14 years at the time of the commission of the offense, as defined in subdivision (b) of Section 1203.066, or three or more acts of lewd or lascivious conduct, as defined inSection 288, with a child under the age of 14 years at the time of the commission of the offense is guilty of the offense of continuous sexual abuse of a child and shall be punished by imprisonment in the state prison for a term of 6, 12, or 16 years.


(b) To convict under this section the trier of fact, if a jury, need unanimously agree only that the requisite number of acts occurred not on which acts constitute the requisite number.


(c) No other act of substantial sexual conduct, as defined in subdivision (b) of Section 1203.066, with a child under 14 years of age at the time of the commission of the offenses, or lewd and lascivious acts, as defined in Section 288, involving the same victim may be charged in the same proceeding with a charge under this section unless the other charged offense occurred outside the time period charged under this section or the other offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved in which case a separate count may be charged for each victim.


CREDIT(S)


(Added by Stats.1989, c. 1402, § 4. Amended by Stats.2006, c. 337 (S.B.1128), § 8, eff. Sept. 20, 2006.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 288.7


Effective: September 20, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 288.7. Sexual intercourse or sodomy with child 10 years of age or younger; punishment; oral copulation or sexual penetration of child 10 years of age or younger; punishment


(a) Any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 25 years to life.


(b) Any person 18 years of age or older who engages in oral copulation or sexual penetration, as defined in Section 289, with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 15 years to life.


CREDIT(S)


(Added by Stats.2006, c. 337 (S.B.1128), § 9, eff. Sept. 20, 2006.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 289


Effective: September 9, 2010


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 289. Forcible acts of sexual penetration; punishment


(a)(1)(A) Any person who commits an act of sexual penetration when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.


(B) Any person who commits an act of sexual penetration upon a child who is under 14 years of age, when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.


(C) Any person who commits an act of sexual penetration upon a minor who is 14 years of age or older, when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years.


(D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law.


(2) Any person who commits an act of sexual penetration when the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.


(b) Except as provided in subdivision (c), any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.


(c) Any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.


(d) Any person who commits an act of sexual penetration, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:


(1) Was unconscious or asleep.


(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.


(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.


(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.


(e) Any person who commits an act of sexual penetration when the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.


(f) Any person who commits an act of sexual penetration when the victim submits under the belief that the person committing the act or causing the act to be committed is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.


(g) Any person who commits an act of sexual penetration when the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.


As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.


(h) Except as provided in Section 288, any person who participates in an act of sexual penetration with another person who is under 18 years of age shall be punished by imprisonment in the state prison or in the county jail for a period of not more than one year.


(i) Except as provided in Section 288, any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony.


(j) Any person who participates in an act of sexual penetration with another person who is under 14 years of age and who is more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.


(k) As used in this section:


(1) “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant's or another person's genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.


(2) “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ.


(3) “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body.


(l) As used in subdivision (a), “threatening to retaliate” means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury or death.


(m) As used in this section, “victim” includes any person who the defendant causes to penetrate the genital or anal opening of the defendant or another person or whose genital or anal opening is caused to be penetrated by the defendant or another person and who otherwise qualifies as a victim under the requirements of this section.


CREDIT(S)


(Added by Stats.1978, c. 1313, p. 4300, § 1. Amended by Stats.1980, c. 409, p. 798, § 1; Stats.1980, c. 915, p. 2913, § 3; Stats.1981, c. 896, p. 3416, § 3; Stats.1982, c. 1111, p. 4026, § 6; Stats.1985, c. 929, § 3; Stats.1985, c. 945, § 1; Stats.1986, c. 1299, § 6; Stats.1988, c. 404, § 1; Stats.1993, c. 595 (A.B.187), § 6; Stats.1993-94, 1st Ex.Sess., c. 39 (A.B.114), § 1, eff. Nov. 30, 1994; Stats.1993-94, 1st Ex.Sess., c. 40 (A.B.85), § 4.5, eff. Nov. 30, 1994; Stats.1998, c. 936 (A.B.105), § 6, eff. Sept. 28, 1998; Stats.1999, c. 706 (A.B.1236), § 5, eff. Oct. 10, 1999; Stats.2002, c. 787 (S.B.1798), § 9; Stats.2002, c. 302 (S.B.1421), § 5; Stats.2010, c. 219 (A.B.1844), § 9, eff. Sept. 9, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 289.5


Effective: October 13, 2007


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 289.5. Sex offenders; fleeing from state with intent to avoid prosecution, custody, or confinement; punishment


(a) Every person who flees to this state with the intent to avoid prosecution for an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290, and who has been charged with that offense under the laws of the jurisdiction from which the person fled, is guilty of a misdemeanor.


(b) Every person who flees to this state with the intent to avoid custody or confinement imposed for conviction of an offense under the laws of the jurisdiction from which the person fled, which offense, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290, is guilty of a misdemeanor.


(c) No person shall be charged and prosecuted for an offense under this section unless the prosecutor has requested the other jurisdiction to extradite the person and the other jurisdiction has refused to do so.


(d) Any person who is convicted of any felony sex offense described in subdivision (c) of Section 290, that is committed after fleeing to this state under the circumstances described in subdivision (a) or (b) of this section, shall, in addition and consecutive to the punishment for that conviction, receive an additional term of two years' imprisonment.


CREDIT(S)


(Added by Stats.1997, c. 207 (S.B.939), § 1. Amended by Stats.2007, c. 579 (S.B.172), § 6, eff. Oct. 13, 2007.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 289.6


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 5. Bigamy, Incest, and the Crime Against Nature (Refs & Annos)

§ 289.6. Public entity employees, officers, agents, volunteers, or peace officers; sexual activity with confined consenting adult; defense; application; penalty


(a)(1) An employee or officer of a public entity health facility, or an employee, officer, or agent of a private person or entity that provides a health facility or staff for a health facility under contract with a public entity, who engages in sexual activity with a consenting adult who is confined in a health facility is guilty of a public offense. As used in this paragraph, “health facility” means a health facility as defined in subdivisions (b), (e), (g), (h), and (j) of, and subparagraph (C) of paragraph (2) of subdivision (i) of,Section 1250 of the Health and Safety Code, in which the victim has been confined involuntarily.


(2) An employee or officer of a public entity detention facility, or an employee, officer, agent of a private person or entity that provides a detention facility or staff for a detention facility, a person or agent of a public or private entity under contract with a detention facility, a volunteer of a private or public entity detention facility, or a peace officer who engages in sexual activity with a consenting adult who is confined in a detention facility is guilty of a public offense.


(3) An employee with a department, board, or authority under the California Department of Corrections and Rehabilitation or a facility under contract with a department, board, or authority under the California Department of Corrections and Rehabilitation, who, during the course of his or her employment directly provides treatment, care, control, or supervision of inmates, wards, or parolees, and who engages in sexual activity with a consenting adult who is an inmate, ward, or parolee, is guilty of a public offense.


(b) As used in this section, the term “public entity” means the state, federal government, a city, a county, a city and county, a joint county jail district, or any entity created as a result of a joint powers agreement between two or more public entities.


(c) As used in this section, the term “detention facility” means:


(1) A prison, jail, camp, or other correctional facility used for the confinement of adults or both adults and minors.


(2) A building or facility used for the confinement of adults or adults and minors pursuant to a contract with a public entity.


(3) A room that is used for holding persons for interviews, interrogations, or investigations and that is separate from a jail or located in the administrative area of a law enforcement facility.


(4) A vehicle used to transport confined persons during their period of confinement, including transporting a person after he or she has been arrested but has not been booked.


(5) A court holding facility located within or adjacent to a court building that is used for the confinement of persons for the purpose of court appearances.


(d) As used in this section, “sexual activity” means:


(1) Sexual intercourse.


(2) Sodomy, as defined in subdivision (a) of Section 286.


(3) Oral copulation, as defined in subdivision (a) of Section 288a.


(4) Sexual penetration, as defined in subdivision (k) of Section 289.


(5) The rubbing or touching of the breasts or sexual organs of another, or of oneself in the presence of and with knowledge of another, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of oneself or another.


(e) Consent by a confined person or parolee to sexual activity proscribed by this section is not a defense to a criminal prosecution for violation of this section.


(f) This section does not apply to sexual activity between consenting adults that occurs during an overnight conjugal visit that takes place pursuant to a court order or with the written approval of an authorized representative of the public entity that operates or contracts for the operation of the detention facility where the conjugal visit takes place, to physical contact or penetration made pursuant to a lawful search, or bona fide medical examinations or treatments, including clinical treatments.


(g) Any violation of paragraph (1) of subdivision (a), or a violation of paragraph (2) or (3) of subdivision (a) as described in paragraph (5) of subdivision (d), is a misdemeanor.


(h) Any violation of paragraph (2) or (3) of subdivision (a), as described in paragraph (1), (2), (3), or (4) of subdivision (d), shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison, or by a fine of not more than ten thousand dollars ($10,000) or by both that fine and imprisonment.


(i) Any person previously convicted of a violation of this section shall, upon a subsequent violation, be guilty of a felony.


(j) Anyone who is convicted of a felony violation of this section who is employed by a department, board, or authority within the Youth and Adult Correctional Agency shall be terminated in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). Anyone who has been convicted of a felony violation of this section shall not be eligible to be hired or reinstated by a department, board, or authority within the Youth and Adult Correctional Agency.


CREDIT(S)


(Added by Stats.1994, c. 499 (A.B.1568), § 1. Amended by Stats.1997, c. 209 (A.B.685), § 1; Stats.1999, c. 806 (S.B.377), § 4; Stats.2000, c. 287 (S.B.1955), § 6; Stats.2012, c. 123 (A.B.2078), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


Chapter 2.5. Spousal Abusers

Tags:01 CA (12.1%)

West's Ann.Cal.Penal Code § 273.8


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2.5. Spousal Abusers (Refs & Annos)

§ 273.8. Legislative findings


The Legislature hereby finds that spousal abusers present a clear and present danger to the mental and physical well-being of the citizens of the State of California. The Legislature further finds that the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences for those offenders. In enacting this chapter, the Legislature intends to support increased efforts by district attorneys' and city attorneys' offices to prosecute spousal abusers through organizational and operational techniques that have already proven their effectiveness in selected cities and counties in this and other states.


CREDIT(S)


(Added by Stats.1985, c. 1122, § 1. Amended by Stats.1994, c. 599 (A.B.801), § 2, eff. Sept. 16, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.81


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2.5. Spousal Abusers (Refs & Annos)

§ 273.81. Spousal abuser prosecution program; appropriation, allocation, and award of funds; guidelines for grant awards; matching funds


(a) There is hereby established in the Department of Justice a program of financial and technical assistance for district attorneys' or city attorneys' offices, designated the Spousal Abuser Prosecution Program. All funds appropriated to the Department of Justice for the purposes of this chapter shall be administered and disbursed by the Attorney General, and shall to the greatest extent feasible, be coordinated or consolidated with any federal or local funds that may be made available for these purposes.


The Department of Justice shall establish guidelines for the provision of grant awards to proposed and existing programs prior to the allocation of funds under this chapter. These guidelines shall contain the criteria for the selection of agencies to receive funding and the terms and conditions upon which the Department of Justice is prepared to offer grants pursuant to statutory authority. The guidelines shall not constitute rules, regulations, orders, or standards of general application.


(b) The Attorney General may allocate and award funds to cities or counties, or both, in which spousal abuser prosecution units are established or are proposed to be established in substantial compliance with the policies and criteria set forth in this chapter.


(c) The allocation and award of funds shall be made upon application executed by the county's district attorney or by the city's attorney and approved by the county board of supervisors or by the city council. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Spousal Abuser Prosecution Program, be made available to support the prosecution of spousal abuser cases. Local grant awards made under this program shall not be subject to review as specified in Section 10295 of the Public Contract Code.


(d) Local government recipients shall provide 20 percent matching funds for every grant awarded under this program.


CREDIT(S)


(Added by Stats.1985, c. 1122, § 1. Amended by Stats.1987, c. 828, § 15; Stats.1994, c. 599 (A.B.801), § 3, eff. Sept. 16, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.82


Effective: January 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2.5. Spousal Abusers (Refs & Annos)

§ 273.82. Enhanced prosecution efforts and resources


Spousal abuser prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth in Section 273.83. Enhanced prosecution efforts and resources shall include, but not be limited to, all of the following:


(a)(1) Vertical prosecutorial representation, whereby the prosecutor who, or prosecution unit that, makes all major court appearances on that particular case through its conclusion, including bail evaluation, preliminary hearing, significant law and motion litigation, trial, and sentencing.


(2) Vertical counselor representation, whereby a trained domestic violence counselor maintains liaison from initial court appearances through the case's conclusion, including the sentencing phase.


(b) The assignment of highly qualified investigators and prosecutors to spousal abuser cases. “Highly qualified” for the purposes of this chapter means any of the following:


(1) Individuals with one year of experience in the investigation and prosecution of felonies.


(2) Individuals with at least two years of experience in the investigation and prosecution of misdemeanors.


(3) Individuals who have attended a program providing domestic violence training as approved by the California Emergency Management Agency or the Department of Justice.


(c) A significant reduction of caseloads for investigators and prosecutors assigned to spousal abuser cases.


(d) Coordination with local rape victim counseling centers, spousal abuse services programs, and victim-witness assistance programs. That coordination shall include, but not be limited to: referrals of individuals to receive client services; participation in local training programs; membership and participation in local task forces established to improve communication between criminal justice system agencies and community service agencies; and cooperating with individuals serving as liaison representatives of local rape victim counseling centers, spousal abuse victim programs, and victim-witness assistance programs.


CREDIT(S)


(Added by Stats.1985, c. 1122, § 1. Amended by Stats.1987, c. 828, § 16; Stats.1994, c. 599 (A.B.801), § 4, eff. Sept. 16, 1994; Stats.2003, c. 229 (A.B.1757), § 2.4; Stats.2010, c. 618 (A.B.2791), § 191.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.83


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2.5. Spousal Abusers (Refs & Annos)

§ 273.83. Individuals subject to spousal abuser prosecution effort; selection of cases


(a) An individual shall be the subject of a spousal abuser prosecution effort who is under arrest for any act or omission described in subdivisions (a) and (b) of Section 13700.


(b) In applying the spousal abuser selection criteria set forth in subdivision (a), a district attorney or city attorney shall not reject cases for filing exclusively on the basis that there is a family or personal relationship between the victim and the alleged offender.


(c) In exercising the prosecutorial discretion granted by Section 273.85, the district attorney or city attorney shall consider the number and seriousness of the offenses currently charged against the defendant.


CREDIT(S)


(Added by Stats.1985, c. 1122, § 1. Amended by Stats.1994, c. 599 (A.B.801), § 5, eff. Sept. 16, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.84


Effective: January 1, 2001


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2.5. Spousal Abusers (Refs & Annos)

§ 273.84. Policies; pretrial release, sentence, and reduction of time between arrest and disposition of charge


Each district attorney's or city attorney's office establishing a spousal abuser prosecution unit and receiving state support under this chapter shall adopt and pursue the following policies for spousal abuser cases:


(a) All reasonable prosecutorial efforts shall be made to resist the pretrial release of a charged defendant meeting spousal abuser selection criteria.


(b) All reasonable prosecutorial efforts shall be made to persuade the court to impose the most severe authorized sentence upon a person convicted after prosecution as a spousal abuser. In the prosecution of an intrafamily sexual abuse case, discretion may be exercised as to the type and nature of sentence recommended to the court.


(c) All reasonable prosecutorial efforts shall be made to reduce the time between arrest and disposition of charge against an individual meeting spousal abuser criteria.


CREDIT(S)


(Added by Stats.1985, c. 1122, § 1. Amended by Stats.1994, c. 599 (A.B.801), § 6, eff. Sept. 16, 1994; Stats.2000, c. 135 (A.B.2539), § 131.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.85


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2.5. Spousal Abusers (Refs & Annos)

§ 273.85. Adherence to selection criteria; quarterly submission of information


(a) The selection criteria set forth in Section 273.84 shall be adhered to for each spousal abuser case unless, in the reasonable exercise of prosecutor's discretion, extraordinary circumstances require departure from those policies in order to promote the general purposes and intent of this chapter.


(b) Each district attorney's and city attorney's office establishing a spousal abuser prosecution unit and receiving state support under this chapter shall submit the following information, on a quarterly basis, to the Department of Justice:


(1) The number of spousal abuser cases referred to the district attorney's or city attorney's office for possible filing.


(2) The number of spousal abuser cases filed for prosecution.


(3) The number of spousal abuser cases taken to trial.


(4) The number of spousal abuser cases tried that resulted in conviction.


CREDIT(S)


(Added by Stats.1985, c. 1122, § 1. Amended by Stats.1994, c. 599 (A.B.801), § 7, eff. Sept. 16, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.86


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2.5. Spousal Abusers (Refs & Annos)

§ 273.86. Characterization of defendant as spousal abuser


The characterization of a defendant as a “spousal abuser” as defined by this chapter shall not be communicated to the trier of fact.


CREDIT(S)


(Added by Stats.1985, c. 1122, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.87


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2.5. Spousal Abusers (Refs & Annos)

§ 273.87. Use of federal funds; implementation of chapter


The Department of Justice is encouraged to utilize Federal Victims of Crimes Act (VOCA) funds or any other federal funds that may become available in order to implement this chapter.


CREDIT(S)


(Added by Stats.1985, c. 1122, § 1. Amended by Stats.1994, c. 599 (A.B.801), § 8, eff. Sept. 16, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 273.88


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 2.5. Spousal Abusers (Refs & Annos)

§ 273.88. Administrative costs; limit


Administrative costs incurred by the Department of Justice pursuant to the Spousal Abuser Prosecution Program shall not exceed 5 percent of the total funds allocated for the program.


CREDIT(S)


(Added by Stats.1994, c. 599 (A.B.801), § 9, eff. Sept. 16, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


Chapter 4. Child Abduction

Tags:01 CA (12.1%)

West's Ann.Cal.Penal Code § 277


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 277. Definitions


The following definitions apply for the purposes of this chapter:


(a) “Child” means a person under the age of 18 years.


(b) “Court order” or “custody order” means a custody determination decree, judgment, or order issued by a court of competent jurisdiction, whether permanent or temporary, initial or modified, that affects the custody or visitation of a child, issued in the context of a custody proceeding. An order, once made, shall continue in effect until it expires, is modified, is rescinded, or terminates by operation of law.


(c) “Custody proceeding” means a proceeding in which a custody determination is an issue, including, but not limited to, an action for dissolution or separation, dependency, guardianship, termination of parental rights, adoption, paternity, except actions under Section 11350 or 11350.1 of the Welfare and Institutions Code, or protection from domestic violence proceedings, including an emergency protective order pursuant to Part 3 (commencing with Section 6240) of Division 10 of the Family Code.


(d) “Lawful custodian” means a person, guardian, or public agency having a right to custody of a child.


(e) A “right to custody” means the right to the physical care, custody, and control of a child pursuant to a custody order as defined in subdivision (b) or, in the absence of a court order, by operation of law, or pursuant to the Uniform Parentage Act contained in Part 3 (commencing with Section 7600) of Division 12 of the Family Code. Whenever a public agency takes protective custody or jurisdiction of the care, custody, control, or conduct of a child by statutory authority or court order, that agency is a lawful custodian of the child and has a right to physical custody of the child. In any subsequent placement of the child, the public agency continues to be a lawful custodian with a right to physical custody of the child until the public agency's right of custody is terminated by an order of a court of competent jurisdiction or by operation of law.


(f) In the absence of a court order to the contrary, a parent loses his or her right to custody of the child to the other parent if the parent having the right to custody is dead, is unable or refuses to take the custody, or has abandoned his or her family. A natural parent whose parental rights have been terminated by court order is no longer a lawful custodian and no longer has a right to physical custody.


(g) “Keeps” or “withholds” means retains physical possession of a child whether or not the child resists or objects.


(h) “Visitation” means the time for access to the child allotted to any person by court order.


(i) “Person” includes, but is not limited to, a parent or an agent of a parent.


(j) “Domestic violence” means domestic violence as defined in Section 6211 of the Family Code.


(k) “Abduct” means take, entice away, keep, withhold, or conceal.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 278


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 278. Noncustodial persons; detainment or concealment of child from legal custodian; punishment


Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9. Amended by Stats.2011, c. 15 (A.B.109), § 313, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 278.5


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 278.5. Deprivation of custody of child or right to visitation; punishment


(a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10, 000), or both that fine and imprisonment.


(b) Nothing contained in this section limits the court's contempt power.


(c) A custody order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9. Amended by Stats.2011, c. 15 (A.B.109), § 314, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 278.6


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 278.6. Sentencing; relevant factors and circumstances; aggravation; mitigation; expenses and costs in recovering child


(a) At the sentencing hearing following a conviction for a violation of Section 278 or 278.5, or both, the court shall consider any relevant factors and circumstances in aggravation, including, but not limited to, all of the following:


(1) The child was exposed to a substantial risk of physical injury or illness.


(2) The defendant inflicted or threatened to inflict physical harm on a parent or lawful custodian of the child or on the child at the time of or during the abduction.


(3) The defendant harmed or abandoned the child during the abduction.


(4) The child was taken, enticed away, kept, withheld, or concealed outside the United States.


(5) The child has not been returned to the lawful custodian.


(6) The defendant previously abducted or threatened to abduct the child.


(7) The defendant substantially altered the appearance or the name of the child.


(8) The defendant denied the child appropriate education during the abduction.


(9) The length of the abduction.


(10) The age of the child.


(b) At the sentencing hearing following a conviction for a violation of Section 278 or 278.5, or both, the court shall consider any relevant factors and circumstances in mitigation, including, but not limited to, both of the following:


(1) The defendant returned the child unharmed and prior to arrest or issuance of a warrant for arrest, whichever is first.


(2) The defendant provided information and assistance leading to the child's safe return.


(c) In addition to any other penalties provided for a violation of Section 278 or 278.5, a court shall order the defendant to pay restitution to the district attorney for any costs incurred in locating and returning the child as provided in Section 3134 of the Family Code, and to the victim for those expenses and costs reasonably incurred by, or on behalf of, the victim in locating and recovering the child. An award made pursuant to this section shall constitute a final judgment and shall be enforceable as such.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 278.7


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 278.7. Exception; belief of bodily injury or emotional harm; report by person taking or concealing child; confidentiality


(a) Section 278.5 does not apply to a person with a right to custody of a child who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child.


(b) Section 278.5 does not apply to a person with a right to custody of a child who has been a victim of domestic violence who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child. “Emotional harm” includes having a parent who has committed domestic violence against the parent who is taking, enticing away, keeping, withholding, or concealing the child.


(c) The person who takes, entices away, keeps, withholds, or conceals a child shall do all of the following:


(1) Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, make a report to the office of the district attorney of the county where the child resided before the action. The report shall include the name of the person, the current address and telephone number of the child and the person, and the reasons the child was taken, enticed away, kept, withheld, or concealed.


(2) Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, commence a custody proceeding in a court of competent jurisdiction consistent with the federal Parental Kidnapping Prevention Act (Section 1738A, Title 28, United States Code) or the Uniform Child Custody Jurisdiction Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code).


(3) Inform the district attorney's office of any change of address or telephone number of the person and the child.


(d) For the purposes of this article, a reasonable time within which to make a report to the district attorney's office is at least 10 days and a reasonable time to commence a custody proceeding is at least 30 days. This section shall not preclude a person from making a report to the district attorney's office or commencing a custody proceeding earlier than those specified times.


(e) The address and telephone number of the person and the child provided pursuant to this section shall remain confidential unless released pursuant to state law or by a court order that contains appropriate safeguards to ensure the safety of the person and the child.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 279


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 279. Jurisdiction; persons not residents or present in state at time of offense


A violation of Section 278 or 278.5 by a person who was not a resident of, or present in, this state at the time of the alleged offense is punishable in this state, whether the intent to commit the offense is formed within or outside of this state, if any of the following apply:


(a) The child was a resident of, or present in, this state at the time the child was taken, enticed away, kept, withheld, or concealed.


(b) The child thereafter is found in this state.


(c) A lawful custodian or a person with a right to visitation is a resident of this state at the time the child was taken, enticed away, kept, withheld, or concealed.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 279.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 279.1. Continuation of offenses


The offenses enumerated in Sections 278 and 278.5 are continuous in nature, and continue for as long as the minor child is concealed or detained.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 279.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 279.5. Bail; considerations


When a person is arrested for an alleged violation of Section 278 or 278.5, the court, in setting bail, shall take into consideration whether the child has been returned to the lawful custodian, and if not, shall consider whether there is an increased risk that the child may not be returned, or the defendant may flee the jurisdiction, or, by flight or concealment, evade the authority of the court.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 279.6


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 279.6. Protective custody; circumstances; procedures; conflicting custodial orders; court hearing and enforcement


(a) A law enforcement officer may take a child into protective custody under any of the following circumstances:


(1) It reasonably appears to the officer that a person is likely to conceal the child, flee the jurisdiction with the child, or, by flight or concealment, evade the authority of the court.


(2) There is no lawful custodian available to take custody of the child.


(3) There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the child.


(4) The child is an abducted child.


(b) When a law enforcement officer takes a child into protective custody pursuant to this section, the officer shall do one of the following:


(1) Release the child to the lawful custodian of the child, unless it reasonably appears that the release would cause the child to be endangered, abducted, or removed from the jurisdiction.


(2) Obtain an emergency protective order pursuant to Part 3 (commencing with Section 6240) of Division 10 of the Family Code ordering placement of the child with an interim custodian who agrees in writing to accept interim custody.


(3) Release the child to the social services agency responsible for arranging shelter or foster care.


(4) Return the child as ordered by a court of competent jurisdiction.


(c) Upon the arrest of a person for a violation of Section 278 or 278.5, a law enforcement officer shall take possession of an abducted child who is found in the company of, or under the control of, the arrested person and deliver the child as directed in subdivision (b).


(d) Notwithstanding any other law, when a person is arrested for an alleged violation of Section 278 or 278.5, the court shall, at the time of the arraignment or thereafter, order that the child shall be returned to the lawful custodian by or on a specific date, or that the person show cause on that date why the child has not been returned as ordered. If conflicting custodial orders exist within this state, or between this state and a foreign state, the court shall set a hearing within five court days to determine which court has jurisdiction under the laws of this state and determine which state has subject matter jurisdiction to issue a custodial order under the laws of this state, the Uniform Child Custody Jurisdiction Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code), or federal law, if applicable. At the conclusion of the hearing, or if the child has not been returned as ordered by the court at the time of arraignment, the court shall enter an order as to which custody order is valid and is to be enforced. If the child has not been returned at the conclusion of the hearing, the court shall set a date within a reasonable time by which the child shall be returned to the lawful custodian, and order the defendant to comply by this date, or to show cause on that date why he or she has not returned the child as directed. The court shall only enforce its order, or any subsequent orders for the return of the child, under subdivision (a) of Section 1219 of the Code of Civil Procedure, to ensure that the child is promptly placed with the lawful custodian. An order adverse to either the prosecution or defense is reviewable by a writ of mandate or prohibition addressed to the appropriate court.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 280


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals (Refs & Annos)

Chapter 4. Child Abduction (Refs & Annos)

§ 280. Violations of specified adoption proceedings; punishment


Every person who willfully causes or permits the removal or concealment of any child in violation of Section 8713, 8803, or 8910 of the Family Code shall be punished as follows:


(a) By imprisonment in a county jail for not more than one year if the child is concealed within the county in which the adoption proceeding is pending or in which the child has been placed for adoption, or is removed from that county to a place within this state.


(b) By imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail for not more than one year, if the child is removed from that county to a place outside of this state.


CREDIT(S)


(Added by Stats.1996, c. 988 (A.B.2936), § 9. Amended by Stats.2011, c. 15 (A.B.109), § 315, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.