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13A-6-60
Section 13A-6-60 Definitions. The following definitions apply in this article: (1) FORCIBLE
COMPULSION. Use or threatened use, whether express or implied, of physical force, violence,
confinement, restraint, physical injury, or death to the threatened person or to another person.
Factors to be considered in determining an implied threat include, but are not limited to,
the respective ages and sizes of the victim and the accused; the respective mental and physical
conditions of the victim and the accused; the atmosphere and physical setting in which the
incident was alleged to have taken place; the extent to which the accused may have been in
a position of authority, domination, or custodial control over the victim; or whether the
victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
(2) INCAPACITATED. The term includes any of the following: a. A person who suffers from a
mental or developmental disease or disability which renders the person...
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13A-6-82
Section 13A-6-82 School employee having sexual contact with a student under the age of 19 years.
(a) A person commits the crime of a school employee having sexual contact with a student under
the age of 19 years if he or she is a school employee and engages in sexual contact, as defined
by Section 13A-6-60, with a student, regardless of whether the student is male or female.
Consent is not a defense to a charge under this section. The crime of a school employee having
sexual contact with a student is a Class C felony. (b) A person commits the crime of a school
employee soliciting a sex act with a student under the age of 19 years if he or she is a school
employee and solicits, persuades, encourages, harasses, or entices a student to engage in
a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as
defined by Section 13A-6-60. The crime of soliciting a student to perform a sex act is a Class
A misdemeanor. (Act 2010-497, p. 766, §2; Act 2016-354, p....
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13A-6-90.1
Section 13A-6-90.1 Stalking in the second degree. (a) A person who, acting with an improper
purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication,
verbally, electronically, or otherwise, with another person, any member of the other person's
immediate family, or any third party with whom the other person is acquainted, and causes
material harm to the mental or emotional health of the other person, or causes such person
to reasonably fear that his or her employment, business, or career is threatened, and the
perpetrator was previously informed to cease that conduct is guilty of the crime of stalking
in the second degree. (b) The crime of stalking in the second degree is a Class B misdemeanor.
(Act 2012-380, p. 1004, §3.)...
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15-19-6
Section 15-19-6 Disposition upon adjudication. (a) If a person is adjudged a youthful offender
and the underlying charge is a felony, the court shall: (1) Suspend the imposition or execution
of sentence with or without probation; (2) Place the defendant on probation for a period not
to exceed three years; (3) Impose a fine as provided by law for the offense with or without
probation or commitment; (4) Commit the defendant to the custody of the Board of Corrections
for a term of three years or a lesser term. (b) Where a sentence of fine is not otherwise
authorized by law, then, in lieu of or in addition to any of the dispositions authorized in
this section, the court may impose a fine of not more than $1,000. In imposing a fine the
court may authorize its payment in installments. (c) In placing a defendant on probation,
the court shall direct that he be placed under the supervision of the appropriate probation
agency. (d) If the underlying charge is a misdemeanor, a person adjudged a...
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22-50-61
Section 22-50-61 Authority to receive data for research. (a) The Commissioner of Mental Health,
or his or her authorized agent, is hereby authorized to receive data from private or public
agencies or agents for the purpose of research and study in mental health. All data received
shall be used by the commissioner or persons designated by him for research and study and
for program planning. No criminal or civil action may be brought against any person or agency
who shall provide or submit such data to the commissioner. (b) The Commissioner of Mental
Health or any person shall not disclose, release, or divulge any information which might reasonably
cause identification of a reported or reporting person under the provisions of this section.
(c) Violation of this section constitutes a misdemeanor and, upon conviction, the defendant
shall be punished by fine or imprisonment, or both, in the discretion of the court. (Acts
1971, No. 1891, p. 3078, §3.)...
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13A-10-5
Section 13A-10-5 Refusing to aid peace officer. (a) A person commits the crime of refusing
to aid a peace officer if, upon command by a peace officer identified to him as such, he fails
or refuses to aid such peace officer in: (1) Effecting or securing a lawful arrest; or (2)
Preventing the commission by another person of any offense. (b) A person is not liable under
this section if the failure or refusal to aid the officer was reasonable under the circumstances.
The burden of injecting this issue is on the defendant, but this does not shift the burden
of proof. (c) Refusing to aid a peace officer is a Class C misdemeanor. (Acts 1977, No. 607,
p. 812, §4520.)...
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13A-11-261
Section 13A-11-261 Harassment of, interference with etc., duties of police animals, search
and rescue animals, or handlers; causing physical harm or death; entering containment area;
restraining, taunting, endangering, etc. (a) Any person who intentionally and knowingly causes,
attempts to cause, or causes another person to harass, interfere, or obstruct a police animal
or search and rescue animal being used by a handler in lawfully performing duties or causes
harassment, interference, or obstruction of a handler in lawfully performing his or her duties
is guilty of a Class A misdemeanor. (b) Any person who intentionally and knowingly causes
or attempts to cause physical harm to a police animal or search and rescue animal which results
in no long-term damage or disfigurement of the animal and any temporary loss of service of
the animal does not exceed 30 calendar days, is guilty of a Class A misdemeanor. (c) Any person
who intentionally and knowingly causes or attempts to cause serious...
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15-20A-5
Section 15-20A-5 Sex offenses. For the purposes of this chapter, a sex offense includes any
of the following offenses: (1) Rape in the first degree, as provided by Section 13A-6-61.
(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated
delinquent of a violation of rape in the second degree is presumed to be exempt from this
chapter after the juvenile has been counseled on the dangers of the conduct for which he or
she was adjudicated delinquent unless the sentencing court makes a determination that the
juvenile sex offender is to be subject to this chapter. (3) Sodomy in the first degree, as
provided by Section 13A-6-63. (4) Sodomy in the second degree, as provided by Section 13A-6-64.
A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree
is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers
of the conduct for which he or she was adjudicated delinquent unless...
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26-10C-1
Section 26-10C-1 Registration of putative fathers; notice of intent to claim paternity; release
of information. (a) The Department of Human Resources shall establish a putative father registry
which shall record the names, Social Security number, date of birth, and addresses of the
following: (1) Any person adjudicated by a court of this state to be the father of a child
born out of wedlock. (2) Any person who has filed with the registry before or after the birth
of a child born out of wedlock, a notice of intent to claim paternity of the child, which
includes the information required in subsection (c) below. (3) Any person adjudicated by a
court of another state or territory of the United States to be the father of a child born
out of wedlock, where a certified copy of the court order has been filed with the registry
by the person or any other person. (4) Any person who has filed with the registry an instrument
acknowledging paternity pursuant to Sections 26-11-1 to 26-11-3,...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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