Criminal Code Part 3

Front 1

Forgery

Back 1

 A person commits forgery, if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument which is or purports to be, or which is calculated to become or to represent if completed.

class 5 felony

A deed, will, codicil, contract, assignment, commercial instrument, promissory note, check, A public record,A written instrument officially issued or created by a public office, tokens, transfers, certificates, or other articles manufactured and designed for use in transportation fees upon public conveyances,

Front 2

2nd Degree Forgery

Back 2

A person commits second degree forgery if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument of a kind not described in section 18-5-102 or 18-5-104.5 .Second degree forgery is a class 1 misdemeanor.

Front 3

Criminal Possession of a Forged Document

Back 3

with knowledge that it is forged and with intent to use to defraud, such person possesses any forged instrument of a kind described in section 18-5-102 .

Front 4

Possession of Forgery Devices

Back 4

plate, die, or other device, apparatus, equipment, or article specifically designed for use in counterfeiting, unlawfully simulating, or otherwise forging written instruments or counterfeit marks.

class 6 felony

Front 5

Criminal Simulation

Back 5

With intent to defraud, he makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition which it does not in fact have.With knowledge of its true character and with intent to use to defraud, he utters, misrepresents, or possesses any object made or altered as specified in paragraph (a) of this subsection (1).

class 1 misdemeanor.

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Criminal Impersonation

Back 6

knowingly:Assumes a false or fictitious identity or legal capacity, and in such identity or capacity he or she:Marries, or pretends to marry, or to sustain the marriage relation toward another without the connivance of the latter Becomes bail or surety for a party in an action or proceeding, civil or criminal, before a court or officer authorized to take the bail or suretyConfesses a judgment, or subscribes, verifies, publishes, acknowledges, or proves a written instrument which by law may be recorded, with the intent that the same may be delivered as trueAssumes a false or fictitious identity or capacity, legal or other, and in such identity or capacity he or shePerforms an act that, if done by the person falsely impersonated, might subject such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penaltyPerforms any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another.class 6 felony.

Front 7

Defrauding a secured creditor or debtor

Back 7

If a person, with intent to defraud a creditor by defeating, impairing, or rendering worthless or unenforceable any security interest, sells, assigns, transfers, conveys, pledges, encumbers, conceals, destroys, or disposes of any collateral subject to a security interest.

A class 1 misdemeanor $750 - $2,000

class 6 felony $2,000 - $5,000

Front 8

Unauthorized use of a financial transaction device

Back 8

A person commits unauthorized use of a financial transaction device if he uses such device for the purpose of obtaining cash, credit, property, or services or for making financial payment, with intent to defraud.

A class 1 misdemeanor $750 - $2,000A class 6 felony $2,000 - $5,000

Front 9

Criminal possession or sale of a blank financial transaction device

Back 9

A person commits criminal possession or sale of a blank financial transaction device if, without the authorization of the issuer or manufacturer, he has in his possession or under his control or receives from another person, with intent to use, deliver, circulate, or sell it or with intent to cause the use, delivery, circulation, or sale of it, or sells any financial transaction device which has not been embossed or magnetically encoded with the name of the account holder, personal identification code, expiration date, or other proprietary institutional information.

Front 10

Criminal possession of a forgery device

Back 10

A person commits possession of forgery devices if he possesses any tools, photographic equipment, printing equipment, or any other device adapted, designed, or commonly used for committing or facilitating the commission of an offense involving the unauthorized manufacture, printing, embossing, or magnetic encoding of a financial transaction device or the altering or addition of any uniform product codes, optical characters, or holographic images to a financial transaction device, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.

class 6 felony.

Front 11

Criminal Simulation

Back 11

With intent to defraud, he makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition which it does not in fact haveWith knowledge of its true character and with intent to use to defraud, he utters, misrepresents, or possesses any object made or altered as specified in paragraph (a) of this subsection (1).class 1 misdemeanor.

Front 12

Criminal Impersonation

Back 12

knowinglyAssumes a false or fictitious identity or legal capacityMarries, or pretends to marry, or to sustain the marriage relation toward another without the connivance of the latter . Becomes bail or surety for a party in an action or proceeding, civil or criminal, before a court or officer authorized to take the bail or surety.Confesses a judgment, or subscribes, verifies, publishes, acknowledges, or proves a written instrument which by law may be recorded, with the intent that the same may be delivered as true.Assumes a false or fictitious identity or capacity, legal or other.Performs an act that, if done by the person falsely impersonated, might subject such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty.Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another.class 6 felony.

Front 13

Defrauding a secured creditor or debtor

Back 13

If a person, with intent to defraud a creditor by defeating, impairing, or rendering worthless or unenforceable any security interest, sells, assigns, transfers, conveys, pledges, encumbers, conceals, destroys, or disposes of any collateral subject to a security interest.

class 1 misdemeanor $750 - $2,000class 6 felony $2,000 - $5,000

Front 14

Unauthorized use of a financial transaction device

Back 14

A person commits unauthorized use of a financial transaction device if he uses such device for the purpose of obtaining cash, credit, property, or services or for making financial payment, with intent to defraud.

$2,000

Front 15

Criminal possession or sale of a blank financial transaction device

Back 15

without the authorization of the issuer or manufacturer, he has in his possession or under his control or receives from another person, with intent to use, deliver, circulate, or sell it or with intent to cause the use, delivery, circulation, or sale of it, or sells any financial transaction device which has not been embossed or magnetically encoded with the name of the account holder, personal identification code, expiration date, or other proprietary institutional information.

Front 16

Criminal possession of a forgery device

Back 16

possesses any tools, photographic equipment, printing equipment, or any other device adapted, designed, or commonly used for committing or facilitating the commission of an offense involving the unauthorized manufacture, printing, embossing, or magnetic encoding of a financial transaction device or the altering or addition of any uniform product codes, optical characters, or holographic images to a financial transaction device, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.

class 6 felony.

Front 17

Unlawful manufacture of a financial transaction device

Back 17

with intent to defraudFalsely makes or manufactures, by printing, embossing, or magnetically encoding, a financial transaction device.Falsely alters or adds uniform product codes, optical characters, or holographic images to a device which is or purports to be, or which is calculated to become or to represent if completed, a financial transaction device.Falsely completes a financial transaction device by adding to an incomplete device to make it a complete one.

class 5 felony.

Front 18

Issuance of a bad check

Back 18

not having a sufficient balance in account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment and it remains unpaid thirty days after such presentment.

Except as provided in section 18-5-205 , a person commits a class 3 misdemeanor if he issues or passes a check or similar sight order for the payment of money, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.

Front 19

Incest

Back 19

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.

class 4 felony.

Front 20

Aggravated Incest

Back 20

knowingly: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.

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.class 3 felony.

Front 21

Child Abuse

Back 21

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.

Front 22

Procurement of a child for sexual exploitation

Back 22

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.

class 3 felony.

Front 23

Harboring a Minor

Back 23

A person commits the crime of harboring a minor if the person knowingly provides shelter to a minor without the consent of a parent, guardian, custodian of the minor, or the person with whom the child resides the majority of the time pursuant to a court order allocating parental responsibilities.

class 2 misdemeanor

Front 24

Contributing to Delinquency of a Minor

Back 24

induces, aids, or encourages a child to violate any federal or state law, municipal or county ordinance, or court order commits contributing to the delinquency of a minor.

class 4 felony.

Front 25

Domestic Violence

Back 25

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.

sentence enhancer.

Front 26

Intimate Relationship

Back 26

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.

Front 27

Similar Transaction

Back 27

patterns of abuse.

Front 28

Protection Orders – Peace Officer Duties

Back 28

served with a protection order

peace officer shall use every reasonable means to enforce a protection order.

A peace officer shall arrest or seek a warrant for the arrest of a restrained person when the peace officer has information amounting to probable cause that the restrained person has violated or attempted to violate any provision of a protection order.

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.

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Definitions – At Risk Adults

Back 29

any person who is seventy years of age or older or any person who is eighteen years of age or older and is a person with a disability.

Front 30

Crimes against at risk persons

Back 30

Negligence resulting in death - class 4 felonyNegligence resulting in SBI - class 5 felonyNegligence resulting in bodily injury - class 6 felony

Front 31

Prostitution

Back 31

Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not his spouse in exchange for money or other thing of value.

Fellatio - any act of oral stimulation of the penis.Cunnilingus - any act of oral stimulation of the vulva or clitoris.

Masturbation - stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.Anal Intercourse - contact between human beings of the genital organs of one and the anus of another.

Front 32

Solicitation for prostitution

Back 32

Solicits another for the purpose of prostitution.

Arranges or offers to arrange a meeting of persons for the purpose of prostitution.Directs another to a place knowing such direction is for the purpose of prostitution.

class 3 misdemeanor.

Front 33

Pandering

Back 33

Any person who

Inducing a person by menacing or criminal intimidation to commit prostitution.Knowingly arranging or offering to arrange a situation in which a person may practice prostitution.

Front 34

Keeping a place of prostitution

Back 34

Knowingly grants or permits the use of such place for the purpose of prostitution.

Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

Front 35

Patronizing a prostitute

Back 35

Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute.

Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.

Front 36

Public Indecency

Back 36

Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public.

An act of sexual intercourseA lewd exposure of an intimate part of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person.A lewd fondling or caress of the body of another personA knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

class 1 misdemeanor

Front 37

Indecent Exposure

Back 37

If he or she knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person.

If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

class 1 misdemeanor.

Front 38

Sexual Conduct in Correctional Facility

Back 38

Correctional Facility - a correctional facility, a local jail, operated by or under contract with the department of corrections, a jail, a facility operated by or under contract with the department of human services in which juveniles are or may be lawfully held for detention or commitment for the commission of a crime, or a facility of a community corrections program.Sexual Conduct - sexual contact, sexual intrusion, or sexual penetrationclass 5 felony -

if the sexual conduct includes sexual intrusion or sexual penetration and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program.

class 6 felony if -

the sexual conduct consists solely of sexual contact and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program.The sexual conduct includes sexual intrusion or sexual penetration and is committed by a volunteer.

class 1 misdemeanor if -

the sexual conduct consists solely of sexual contact and is committed by a volunteer.

Front 39

Obstructing Governmental Operations

Back 39

intentionally obstructs, impairs, or hinders the performance of a governmental function by a public servant, by using or threatening to use violence, force, or physical interference or obstacle.

affirmative defense:The obstruction, impairment, or hindrance was of unlawful action by a public servantThe obstruction, impairment, or hindrance was of the making of an arrestThe obstruction, impairment, or hindrance of a governmental function was by lawful activities in connection with a labor dispute with the government.

Front 40

Resisting Arrest

Back 40

knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another.

It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense.

class 2 misdemeanor.

Front 41

Obstructing Peace Officer/Firefighter/EMS/Rescue Personnel

Back 41

using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the person acting under their official authority.

It is not a defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he or she was acting under color of his or her official authority.

class 2 misdemeanor.

Front 42

Accessory to Crime

Back 42

with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime, he renders assistance to such person.

Being an accessory to crime is a class 4 felony

Front 43

Refusing to Aid a Peace Officer

Back 43

upon command by a person known to him to be a peace officer, he unreasonably refuses or fails to aid the peace officer in effecting or securing an arrest or preventing the commission by another of any offense.

Front 44

Compounding

Back 44

accepts or agrees to accept any pecuniary benefit as consideration forRefraining from seeking prosecution of an offenderRefraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to a crime.

Front 45

False Reporting

Back 45

 He or she knowingly:Causes by any means, including but not limited to activation, a false alarm of fire or other emergency or a false emergency exit alarm to sound or to be transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency which deals with emergencies involving danger to life or property.Prevents by any means, including but not limited to deactivation, a legitimate fire alarm, emergency exit alarm, or other emergency alarm from sounding or from being transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency that deals with emergencies involving danger to life or property.He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur.He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false.He or she knowingly provides false identifying information to law enforcement authorities.

class 3 misdemeanor

class 2 misdemeanor.

if it is committed in violation of subsection (1)(a)(I) of this section and committed during the commission of another criminal offense.

class 1 misdemeanor.

Except as otherwise provided in this subsection (2)(b), false reporting of an emergency.

False reporting of an emergency is a class 4 felony if the emergency response results in serious bodily injury of another person.

False reporting of an emergency is a class 3 felony if the emergency response results in the death of another person.

Front 46

Disarming a Peace Officer

Back 46

firearm or self-defense electronic control device, direct-contact stun device, or other similar device of a peace officer.

class 5 felony.

Front 47

Aiding Escape

Back 47

Any person who knowingly aids, abets, or assists another person to escape or attempt to escape from custody or confinement commits the offense of aiding escape.

Front 48

Introduction of Contraband 1st Degree

Back 48

Introduces or attempts to introduce a dangerous instrument, liquor,  controlled substance,  or marijuana into a detention facility.

a firearm, explosive device or substance (including ammunition), knife or sharpened instrument, poison, acid, bludgeon, or projective device, or any other device, instrument, material, or substance which is readily capable of causing or inducing fear of death or bodily injury, the use of which is not specifically authorized.

Front 49

Introduction of Contraband 2nd Degree

Back 49

Any article or thing that poses or may pose a threat to the security of the detention facility as determined by the administrative head of the detention facility if reasonable notice is given that such article or thing is contraband.

Front 50

Bribery

Back 50

He offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his official capacity.While a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.

class 3 felony

Front 51

1st Degree Official Misconduct

Back 51

A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another.

class 2 misdemeanor.

Front 52

2nd Degree Official Misconduct

Back 52

A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously:Refrains from performing a duty imposed upon him by lawViolates any statute or lawfully adopted rule or regulation relating to his office.

class 1 petty offense.

Front 53

Tampering with Evidence

Back 53

Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding.Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.

any article, object, document, record, or other thing of physical substance;  except that “physical evidence” does not include a human body, part of a human body, or human remains subject to a violation.

Front 54

Intimidating a Victim or Witness

Back 54

by use of a threat, act of harassment as defined in section 18-9-111 , or act of harm or injury to any person or property directed to or committed upon a witness in any criminal or civil proceeding.

Influence the witness or victim to testify falsely or unlawfully withhold any testimony

Induce the witness or victim to avoid legal process summoning him to testify

Induce the witness or victim to absent himself or herself from an official proceedingInflict such harm or injury prior to such testimony or expected testimony.

class 4 felony.

Front 55

Tampering with Victim or Witness

Back 55

intentionally attempts without bribery or threats to induce a witness or victim or a person he believes is to be called to testify as a witness or victim in any official proceeding or who may be called to testify as a witness to or victim of any crime.

class 4 felony.

Front 56

Disorderly Conduct

Back 56

intentionally, knowingly, or recklessly:Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace.Makes unreasonable noise in a public place or near a private residence that he has no right to occupy.Fights with another in a public place except in an amateur or professional contest of athletic skill.Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States.Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.

Front 57

Harassment

Back 57

with intent to harass, annoy, or alarm another person, he or she:Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact.In a public place directs obscene language or makes an obscene gesture to or at another person.Follows a person in or about a public placeDirectly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene.Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation.Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property.Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.

Front 58

Vehicular Eluding

Back 58

Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner.

Front 59

Unlawful conduct on public property

Back 59

(1)(d)