13A-6-69
Section 13A-6-69 Enticing child to enter vehicle, house, etc., for immoral purposes. (a) It shall be unlawful for any person with lascivious intent to entice, allure, persuade, or invite, or attempt to entice, allure, persuade, or invite, any child under 16 years of age to enter any vehicle, room, house, office, or other place for the purpose of proposing to such child the performance of an act of sexual intercourse or an act which constitutes the offense of sodomy or for the purpose of proposing the fondling or feeling of the sexual or genital parts of such child or the breast of such child, or for the purpose of committing an aggravated assault on such child, or for the purpose of proposing that such child fondle or feel the sexual or genital parts of such person. (b) A violation of this section is a Class C felony. (Acts 1967, No. 388, p. 976; Code 1975, §13-1-114; Act 2005-301, 1st Sp. Sess., §1.)...
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13A-12-193
Section 13A-12-193 Proof of age of person contained in visual depiction; inferences as to age. (a) In proving that a person in a visual depiction who is engaged in any obscene act set out in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197 is under the age of 17 years, the state is not required to introduce into evidence a birth certificate, produce testimony as to the date of birth of such person, or produce testimony of any person who knows or is acquainted with the person alleged to be under the age of 17 years. If the defendant or the state intends to rely on a birth certificate to prove the date of birth of any person in the visually reproduced matter, such defendant or the state shall file with the clerk of the court in which the action is pending, at least 15 days prior to trial, a notice of an intention to rely on an official, certified copy of a birth certificate together with a copy of the birth certificate. (b) A jury, or the court if a jury trial is waived, may...
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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-12-190
Section 13A-12-190 Definitions. For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) DISSEMINATE. To transmit, distribute, sell, lend, provide, transfer, or show, including through electronic means. (2) DISPLAY PUBLICLY. The exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot, or vehicle. (3) PUBLIC THOROUGHFARE, DEPOT, OR VEHICLE. Any street, highway, park, depot, or transportation platform or other place, whether indoors or out, or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority, or owned or operated by any agency of public transportation that is designed for the use, enjoyment, or transportation of...
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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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13A-3-23
Section 13A-3-23 Use of force in defense of a person. (a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (5), if the person reasonably believes that another person is: (1) Using or about to use unlawful deadly physical force. (2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article unless the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or confirms another's impression which is false and which the defendant does not believe to be true; or b. Fails to correct a false impression which the defendant previously has created or confirmed; or c. Fails to correct a false impression when the defendant is under a duty to do so; or d. Prevents another from acquiring information pertinent to the disposition of the property involved; or e. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property when the defendant is under a duty to do so, whether that impediment is or is not valid, or is not a matter of official record; or f. Promises performance which the defendant does not intend to perform or knows will not be performed. Failure to perform, standing...
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15-22-36.1
Section 15-22-36.1 Certificate of Eligibility to Register to Vote. (a) Any other provision of law notwithstanding, any person, regardless of the date of his or her sentence, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if all of the following requirements are met: (1) The person has lost his or her right to vote by reason of conviction in a state or federal court in any case except those listed in subsection (g). (2) The person has no criminal felony charges pending against him or her in any state or federal court. (3) The person has paid all fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing on disqualifying cases. (4) Any of the following are true: a. The person has been released upon completion of sentence. b. The person has been pardoned. c. The person has successfully completed probation or parole and has been released from compliance by the ordering entity. (b) The...
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34-43-15
Section 34-43-15 Complaints; grounds for suspension; revocation, etc., of license; penalties; rulemaking authority. (a) Any person may file with the board a written and signed complaint regarding an allegation of impropriety by a licensee, establishment, or person. Complaints shall be made in the manner prescribed by the board. Complaints received by the board shall be referred to a standing investigative committee consisting of a board member, the Executive Director, the board attorney, and the board investigator. If no probable cause is found, the investigative committee may dismiss the charges and prepare a statement, in writing, of the reasons for the decision. (b) If probable cause is found, the board shall initiate an administrative proceeding. Upon a finding that the licensee has committed any of the following instances of misconduct, the board may suspend, revoke, or refuse to issue or renew a license or impose a civil penalty after notice and opportunity for a hearing pursuant...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful deprivation by a caregiver or other person of services necessary to maintain mental and physical health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose behavior indicates that he or she is mentally incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others, or who, because of physical or mental impairment, is unable to protect himself or herself from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has no guardian, relative, or other appropriate person able, willing, and available to assume the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER. An individual who has the responsibility for the care of a protected...
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