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15-23-101
Section 15-23-101 Motion to order person charged to be tested for sexually transmitted diseases.
When a person has been charged with the crime of rape, sodomy, sexual misconduct, sexual torture,
sexual abuse, assault by bodily fluids, or any other crime in which the victim was compelled
to engage in sexual activity by force or threat of force, and it appears from the nature of
the charge that the transmission of body fluids from one person to another may have been involved,
upon the request of the victim or the parent or guardian of a minor victim, the district attorney
shall file a motion with the court for an order requiring the person charged to submit to
a test for any sexually transmitted disease. (Act 2006-572, p. 1504, §2; Act 2019-465, §1.)...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional
testing; access to results; post-test counseling. (a)(1) If the district attorney files a
motion under Section 15-23-101, the court shall order the person charged to submit to testing
if the court determines there is probable cause to believe that the person charged committed
the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily
fluids, or any other crime where the victim was compelled to engage in sexual activity by
force or threat of force and the transmission of body fluids was involved. (2) If a warrant,
information, or indictment has been issued and the defendant is in custody or has been served
with the warrant, information, or indictment, the test shall be performed within 48 hours
of service of the court order requiring the defendant to submit to testing. (b) When a test
is ordered under Section 15-23-101, the victim of the crime or a parent or...
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15-23-100
Section 15-23-100 Definitions. As used in this article, the following words shall have the
following meanings: (1) ALLEGED VICTIM. A person or persons to whom transmission of body fluids
from the perpetrator of the crime occurred or was likely to have occurred in the course of
the alleged crime. (2) PARENT OR GUARDIAN OF THE ALLEGED VICTIM. A parent or legal guardian
of an alleged victim who is a minor or incapacitated person. (3) POSITIVE REACTION. A positive
test with a positive confirmatory test result as specified by the Department of Public Health.
(4) SEXUALLY TRANSMITTED DISEASE. Those diseases designated by the State Board of Health as
sexually transmitted diseases for the purposes of this article. (5) TRANSMISSION OF BODY FLUIDS.
The transfer of blood, semen, vaginal secretions, or other body fluids identified by the Department
of Public Health, from the alleged perpetrator of a crime to the mucous membranes or potentially
broken skin of the victim. (Act 2006-572, p. 1504,...
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12-21-203
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining
witness in prosecutions for criminal sexual conduct. (a) As used in this section, unless the
context clearly indicates otherwise, the following words and phrases shall have the following
respective meanings: (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime
charged, the prosecution of which is subject to the provisions of this section. (2) CRIMINAL
SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct,
sexual abuse or carnal knowledge. (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term
includes, but is not limited to, evidence of the complaining witness's marital history, mode
of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the
community standards. (b) In any prosecution for criminal sexual conduct or for assault with
intent to commit, attempt to commit or conspiracy to commit...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a) For
the purposes of this section, sexually exploited child shall mean an individual under the
age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected
to sexual exploitation because he or she is any of the following: (1) A victim of the crime
of human trafficking sexual servitude as provided in Section 13A-6-150, et seq. (2) Engaged
in prostitution as provided in Section 13A-12-120 or 13A-12-121. (3) A victim of the crime
of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113. (b)
A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution
as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such
acts. (c) In any proceeding based upon a child's arrest for an act of prostitution, there
is a presumption that the child satisfies the definition of a sexually...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the testimony in person at trial may have on the victim or witness, along with
any other relevant matters that may be required by Supreme Court rule. (c) During the taping
of a videotaped deposition authorized pursuant to this section, the...
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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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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a) At disposition,
sentencing, upon completion of probation, or upon completion of a term of registration ordered
by the sentencing court, a sex offender may petition the court for relief from the requirements
of this chapter resulting from any of the following offenses, provided that he or she meets
the requirements set forth in subsection (b): (1) Rape in the second degree, as provided by
subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy in the second degree, as
provided by subdivision (1) of subsection (a) of Section 13A-6-64. (3) Sexual abuse in the
second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67. (4) Sexual
misconduct, as provided by Section 13A-6-65. (5) Any crime committed in this state or any
other jurisdiction which, if had been committed in this state under the current provisions
of law, would constitute an offense listed in subdivisions (1)...
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22-11A-17
Section 22-11A-17 Testing of correctional facility inmates for sexually transmitted diseases;
treatment; discharge of infectious inmates; victim may request results of HIV testing. (a)
All persons sentenced to confinement or imprisonment in any city or county jail or any state
correctional facility for 30 or more consecutive days shall be tested for those sexually transmitted
diseases designated by the State Board of Health, upon entering the facility, and any inmate
so confined for more than 90 days shall be examined for those sexually transmitted diseases
30 days before release. The results of any positive or reactive tests shall be reported as
provided in Section 22-11A-14. Additionally, the results of any positive or negative test
for HIV of a sexual offender shall be provided to the State Health Officer or his or her designee
as provided in Section 22-11A-14. The provisions of this section shall not be construed to
require the testing of any person held in a city or county jail...
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