Title 8 - Child Safety
Chapter 1 GENERAL PROVISIONS
Purposes
Additional purposes of the criminal law
Applicability of title
Abolition of common law offenses and affirmative defenses; definition
Rule of construction
Definitions
Death of convicted defendant; dismissal of appellate and postconviction proceedings
Time limitations
Territorial applicability
Place of trial
Conviction for attempt although crime perpetrated
Former jeopardy or acquittal as bar to same or lesser offenses
Conviction or acquittal in one county as bar to prosecution in another
Speedy trial; counsel; witnesses and confrontation
Presumption of innocence and benefit of doubt; degrees of guilt
Double punishment
Defendant as witness; no comment on failure to testify
Sexual motivation special allegation; procedures; definition
Disposition of property taken from defendant; receipts
Jurisdiction of the court in proceedings subsequent to trial and sentencing
Action for recovery of public monies
Certificate of special public importance
Chapter 2 GENERAL PRINCIPLES OF CRIMINAL LIABILITY
Requirements for criminal liability
Construction of statutes with respect to culpability
Causal relationship between conduct and result; relationship to mental culpability
Effect of ignorance or mistake upon criminal liability
Affirmative defenses; justification; burden of proof
Entrapment
Chapter 3 PARTIES TO OFFENSES: ACCOUNTABILITY
Definition of accomplice
Criminal liability based upon conduct
Criminal liability based upon conduct of another
Nondefenses to criminal liability based upon conduct of another
Criminal liability of enterprises; definitions
Criminal liability of an individual for conduct of an enterprise
Chapter 4 JUSTIFICATION
Unavailability of justification defense; justification as defense
Justification; execution of public duty
Justification; use of physical force
Justification; self-defense
Justification; use of deadly physical force
Justification; defense of a third person
Justification; use of physical force in defense of premises
Justification; use of physical force in defense of property
Justification; use of physical force in law enforcement
Justification; use of deadly physical force in law enforcement
Justification; use of force in crime prevention; applicability
Duress
No civil liability for justified conduct
Justification; use of reasonable and necessary means
Justification; domestic violence
Justification; use of reasonable and necessary means; definition
Necessity defense
Justification; use of force in defense of residential structure or occupied vehicles; definitions
Presumptions; defense of a residential structure or occupied vehicle; exceptions; definitions
Attorney fees; costs
Justification; defensive display of a firearm; definition
Chapter 5 RESPONSIBILITY
Persons under eighteen years of age; felony charging; definitions
Insanity test; burden of proof; guilty except insane verdict
Effect of alcohol or drug use
Persons under eighteen years of age; juvenile transfer
Chapter 6 CLASSIFICATIONS OF OFFENSES AND AUTHORIZED DISPOSITIONS OF OFFENDERS
Classification of offenses
Designation of offenses
Authorized disposition of offenders
Class 6 felony; designation
Diagnostic commitment
Civil commitment after imposition of sentence
Judgment of guilt and sentence document; fingerprint; contents of document; recitations
Chronic felony offenders; disposition; notice
Transfer of criminal justice information; definition
DNA testing
Chapter 7 SENTENCING AND IMPRISONMENT
Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition
First time felony offenders; sentencing; definition
Repetitive offenders; sentencing
Dangerous offenders; sentencing
Dangerous crimes against children; sentences; definitions
Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions
Misdemeanors; sentencing
Offenses committed while released from confinement
Offenses committed in school safety zone; sentences; definitions
Sentence for second degree murder
Multiple sentences of imprisonment; concurrent and consecutive determinations
Calculation of terms of imprisonment
Forfeiture of public retirement system benefits; definition
Offenses committed with intent to promote, further or assist a criminal street gang
Special sentencing provisions; human smuggling organization
Juvenile offenders sentenced to life imprisonment; parole eligibility
Sentence for misdemeanor convictions; community restitution; court-ordered education or treatment
Sentence of life imprisonment; parole eligibility; applicability
Chapter 7.1 CAPITAL SENTENCING
Sentence of death or life imprisonment; aggravating and mitigating circumstances; definition
Sentences of death, life imprisonment or natural life; imposition; sentencing proceedings; definitions
Mental evaluations of capital defendants; hearing; appeal; definitions
Capital defendant prescreening evaluation for competency and sanity
Death sentences; supreme court review
Death sentences; supreme court review
Method of infliction of sentence of death; identity of executioners; license suspension
Persons present at execution of sentence of death; limitation
Death warrant; return
Chapter 8 RESTITUTION AND FINES
Fines for felonies
Fines for misdemeanors
Fines against enterprises
Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing
Reimbursement of incarceration costs; misdemeanors
Jurisdiction
Restitution lien
Civil actions by victims or other persons
Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments
Priority of payments; application to traffic offenses; orders to reimburse public monies
Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs
Disposition of fines
Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs
Issuance of writ of garnishment; service and return of writ
Restitution to pawnbrokers and dealers; definitions
Initial lien on earnings
Answer; time and form
Objection to garnishment; hearing; discharge of garnishee
Order on writ of garnishment for money or property
Order on writ of garnishment for earnings; continuing lien
Contempt proceedings; failure to comply with order
Fines for drug offenses
Effective programs to prevent and detect violations of law; fines
Dangerous and repeat enterprise offenders; fines
Community restitution in lieu of monetary obligation; definition
Mitigation of fines and surcharges
Chapter 9 PROBATION AND RESTORATION OF CIVIL RIGHTS
Probation
Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education; exceptions; definition
Drug treatment and education fund
Violent crimes; allegation; definition
Periods of probation; monitoring; fees
Calculation of periods of probation
Suspension of civil rights and occupational disabilities
Setting aside judgment of convicted person on discharge; application; release from disabilities; firearm possession; exceptions
Restoration of civil rights; process
Automatic restoration of civil rights for first offenders; exception; definition
Restoration of civil rights; application; definition
Vacating the conviction of a sex trafficking victim; requirements
Restoration of right to possess a firearm
Definition of intensive probation
Intensive probation; evaluation; sentence; criteria; limit; conditions
Wilful failure to pay; revocation of probation
Intensive probation teams; adult probation officer qualifications; duties; case load limit
Modification of supervision
Employment; monitoring of wages
Waiver of standards
Budget requests
Probation for defendants under eighteen years of age; dual adult juvenile probation
Persons convicted of sexual offenses; annual probation review hearing; report; notification
Probation; earned time credit; applicability
Restoration of right to possess a firearm; mentally ill persons; petition
Chapter 10 PREPARATORY OFFENSES
Attempt; classifications
Solicitation; classifications
Conspiracy; classification
Facilitation; classification
Renunciation of attempt, solicitation, conspiracy or facilitation; defenses
Effect of immunity, irresponsibility or incapacity of a party to solicitation, conspiracy or facilitation
Chapter 11 HOMICIDE
Definitions
Negligent homicide; classification
Manslaughter; classification
Second degree murder; classification
First degree murder; classification
Chapter 12 ASSAULT AND RELATED OFFENSES
Endangerment; classification
Threatening or intimidating; classification
Assault; classification
Aggravated assault; classification; definitions
Unlawfully administering intoxicating liquors, narcotic drug or dangerous drug; classification
Dangerous or deadly assault by prisoner or juvenile; classification
Prisoners who commit assault with intent to incite to riot or participate in riot; classification
Assault; vicious animals; classification; exception; definition
Drive by shooting; forfeiture; driver license revocation; classification; definitions
Assaults on hospital employees, public safety employees or volunteers and state hospital employees; disease testing; petition; hearing; notice; definitions
Discharging a firearm at a structure; classification; definitions
Prisoner assault with bodily fluids; liability for costs; classification; definition
Aiming a laser pointer at a peace officer or an occupied aircraft; classification; definitions
Unlawful mutilation; classification; definition
Chapter 13 KIDNAPPING AND RELATED OFFENSES
Definitions
Custodial interference; child born out of wedlock; defenses; classification
Unlawful imprisonment; classification; definition
Kidnapping; classification; consecutive sentence
Access interference; classification; definition
Unlawfully obtaining labor or services; classification
Sex trafficking; classification; definitions
Trafficking of persons for forced labor or services; classification; definitions
Restitution
Abduction of child from a state agency; classification; definition
Chapter 14 SEXUAL OFFENSES
Definitions; factors
Indecent exposure; exception; classification
Public sexual indecency; public sexual indecency to a minor; classification
Sexual abuse; classification
Sexual conduct with a minor; classification
Sexual assault; classification; increased punishment
Defenses
Adultery; classification; punishment; limitation on prosecution
Unlawful sexual conduct; adult probation department employees; juvenile court employees; classification; definitions
Molestation of a child; classification
Bestiality; classification; definition
Unlawful sexual conduct; peace officers; classification; definitions
Capacity of minor sexual assault victim to consent to medical examination
Expenses of investigation
Human immunodeficiency virus and sexually transmitted disease testing; victim's rights; petition; definitions
Admissibility of minor's statement; notice
Continuous sexual abuse of a child; classification
Sexual misconduct; behavioral health professionals; classification
Unlawful sexual conduct; correctional facilities; classification; definition
Sexual offense; evidence of similar crimes; definition
Evidence relating to victim's chastity; pretrial hearing
Adult oriented businesses; location; hours of operation; injunction; classification; definitions
Violent sexual assault; natural life sentence
Voyeurism; classification
Unlawful disclosure of images depicting states of nudity or specific sexual activities; classification; definitions
Sexual assault investigations; collected biological evidence testing; definitions
Sexual assault kits; annual report; definitions
Sexual extortion; classification; definition
Chapter 15 CRIMINAL TRESPASS AND BURGLARY
Definitions
Criminal trespass in the third degree; classification
Criminal trespass in the second degree; classification
Criminal trespass in the first degree; classification
Possession of burglary tools; master key; manipulation key; classification
Burglary in the third degree; classification
Burglary in the second degree; classification
Burglary in the first degree; classification
Willful failure to complete or carry an alien registration document; exception; authenticated records;
Chapter 16 CRIMINAL DAMAGE TO PROPERTY
Definitions
Criminal damage; classification
Criminal littering or polluting; classification
Aggravated criminal damage; classification
Aggregation of amounts of damage
Chapter 17 ARSON
Definitions
Reckless burning; classification
Arson of a structure or property; classification
Arson of an occupied structure; classification
Arson of an occupied jail or prison facility; classification.
Burning of wildlands; exceptions; classification
Unlawful cross burning; classification
Unlawful symbol burning; classification
Emergency response and investigation costs; civil liability; definitions
Chapter 18 THEFT
Definitions
Theft; classification; definitions
Theft; classification; definitions
Unlawful use of means of transportation; classification
Theft by extortion; classification
Shoplifting; detaining suspect; defense to wrongful detention; civil action by merchant; public services; classification
Unlawful failure to return rented or leased property; notice; classification
Issuing a bad check; violation; classification
Presumptions relating to issuing a bad check; proof of presentation; nonpayment; protest; notice
Jurisdiction; restitution; fees; deferred prosecution
Deferred prosecution of bad check cases
County bad check trust fund; use of fund
Bank records; subpoenas; affidavit of dishonor; affidavit of loss
Unlawful failure to return a motor vehicle subject to a security interest; notice; classification
Theft of means of transportation; affidavit; classification
Unlawful use of power of attorney; classification
Unlawful use, possession or removal of theft detection shielding devices; classification; definition
Unlawful possession, use or alteration of a retail sales receipt or universal product code label; classification; definition
Misappropriation of charter school monies; violation; classification
Organized retail theft; classification
Theft of trade secrets; classification; definition
Chapter 19 ROBBERY
Definitions
Robbery; classification
Aggravated robbery; classification
Armed robbery; classification
Chapter 20 FORGERY AND RELATED OFFENSES
Definitions
Forgery; classification
Criminal possession of a forgery device; classification
Criminal simulation; classification
Obtaining a signature by deception; classification
Criminal impersonation; classification
Unlawful use of slugs; classification
Taking identity of another person or entity; classification
Aggravated taking identity of another person or entity; knowingly accepting the identity of another person; classification
Trafficking in the identity of another person or entity; classification
Admission tickets; fraudulent creation or possession; classification
Chapter 21 CREDIT CARD FRAUD
Definitions
Theft of a credit card or obtaining a credit card by fraudulent means; classification
Receipt of anything of value obtained by fraudulent use of a credit card; classification
Forgery of credit card; classification
Fraudulent use of a credit card; classification
Possession of machinery, plate or other contrivance or incomplete credit card; classification
False statement as to financial condition or identity; classification
Fraud by person authorized to provide goods or services; classification
Credit card transaction record theft; classification
Unlawful possession or use of scanning device or reencoder; classification
Chapter 22 BUSINESS AND COMMERCIAL FRAUDS
Definitions
Deceptive business practices; classification
False advertising; classification
Defrauding secured creditors; definition; classification
Defrauding judgment creditors; classification
Fraud in insolvency; classification
Receiving deposits in an insolvent financial institution; classification
Usury; classification
Chapter 23 ORGANIZED CRIME, FRAUD AND TERRORISM
Definitions
Making extortionate extensions of credit; classification
Financing extortionate extensions of credit
Collection of extensions of credit by extortionate means
Permissible inferences
Possession of altered property; classification
Trafficking in stolen property; classification
Participating in or assisting a criminal syndicate; classification
Terrorism; classification
Making a terrorist threat; false reporting of terrorism; liability for expenses; classification; definitions
Unlawful use of infectious biological substance or radiological agent; classification; definitions
Bribery of participants in professional or amateur games, sports, horse races, dog races, contests; classification
Fraudulent schemes and artifices; classification; definition
Fraudulent schemes and practices; wilful concealment; classification
Illegal control of an enterprise; illegally conducting an enterprise; classification
Judicial powers over racketeering criminal cases
Racketeering; civil remedies by this state; definitions
Anti-racketeering revolving fund; use of monies; reports; audit
Racketeering lien; content; filing; notice; effect
County anti-racketeering revolving fund; use of fund; reports
Racketeering; unlawful activity; civil remedies by private cause of action; definitions
Racketeering; investigation of records; confidentiality; court enforcement; immunity; classification
Computer tampering; venue; forfeiture; classification
Unlawful possession of an access device; classification
Unauthorized release of proprietary or confidential computer security information; exceptions; classification
Money laundering; classification; definitions
Civil judgments; injury to the state
Smuggling; classification; definitions
Residential mortgage fraud; classification; definitions
Participating in or assisting a criminal street gang; classification
Unlawful transactions involving drop house properties; classification; definition
Participating in or assisting a human smuggling organization; classification
Chapter 24 OBSTRUCTION OF PUBLIC ADMINISTRATION
Personal information on the world wide web; exception; classification; definitions
Obstructing governmental operations; classification
Refusing to aid a peace officer; classification
Refusing to assist in fire control; classification
Compounding; classification
Impersonating a public servant; classification; definition
Tampering with a public record; classification
Securing the proceeds of an offense; classification
Obstructing criminal investigations or prosecutions; classification
Obstructing officer from collecting public money; classification
Impersonating a peace officer; classification; definition
Refusing to provide truthful name when lawfully detained; classification
Chapter 25 ESCAPE AND RELATED OFFENSES
Definitions
Escape in the third degree; classification
Escape in the second degree; classification
Escape in the first degree; classification
Promoting prison contraband; exceptions; x-radiation; body scans; classification
Failure to appear in the second degree; classification
Failure to appear in the first degree; classification
Resisting arrest; classification; definition
Resisting an order directing, regulating or controlling motor vehicle; classification
Hindering prosecution; definition
Hindering prosecution in the second degree; classification
Hindering prosecution in the first degree; classification
Failure to discharge duties; classification; definition
Promoting secure care facility contraband; classifications
Chapter 26 BRIBERY
Definition
Bribery of a public servant or party officer; classification
Trading in public office; classification
Forfeiture and disqualification from office
Commercial bribery; classification; exception
Offer to exert improper influence on public officer or employee for consideration; classification
Chapter 27 PERJURY AND RELATED OFFENSES
Definitions
Perjury; classification
False swearing; classification
Unsworn falsification; classification
Perjury by inconsistent statements
Limitation on defenses
Proof of guilt
Chapter 28 INTERFERENCE WITH JUDICIAL AND OTHER PROCEEDINGS
Definitions
Influencing a witness; classification
Receiving a bribe by a witness; classification
Tampering with a witness; classification
Influencing a juror; classification
Receiving a bribe by a juror; classification
Jury tampering; classification
Misconduct by a juror; classification
Tampering with physical evidence; classification
Interfering with judicial proceedings; classification
Unlawful grand jury disclosure; classification
Unlawful disclosure of an indictment, information or complaint; classification
Simulating legal process; classification
Chapter 29 OFFENSES AGAINST PUBLIC ORDER
Definitions
Unlawful assembly; classification
Riot; classification
Disorderly conduct; classification
Loitering; classification
Obstructing a highway or other public thoroughfare; classification; definition
False reporting; emergency response costs; classification; definitions
False reporting to law enforcement agencies; classification
False reporting of child abuse or neglect; classification
False reporting of sexual assault involving a spouse; classification
False reporting of vulnerable adult abuse; classification
False reporting of an offense involving corrections or probation employees; classification
Criminal nuisance; classification
Residential picketing; classification
Cruelty to animals; interference with working or service animal; classification; definitions
Animal fighting; classification
Presence at animal fight; classification
Cockfighting; classification
Presence at cockfight; classification
Exempt activities
Defense to cruelty to animals and bird fighting
Cruel and inhumane confinement of a pig during pregnancy or of a calf raised for veal
The humane treatment of farm animals fund
Equine tripping; classification; definitions
Interference with or disruption of an educational institution; violation; classification; definitions
Unlawful introduction of disease or parasite; classification
Unlawful violation of fire ban; classification
Aggressive solicitation; classification; definitions
Preventing use of telephone in emergency; false representation of emergency; classification; definitions
Use of an electronic communication to terrify, intimidate, threaten or harass; applicability; classification; definition
Public nuisance; abatement; classification
Interference with emergency transmission on citizens' band radio frequency; presumption; definition; classification
Automated telephone solicitation; violation; classification
Advertisements and required preamble message for telephone information services; telecommunications corporation compensation; definitions; classification
Harassment; classification; definition
Aggravated harassment; classification; definition
Interference with transmissions on public safety land mobile radio frequencies; classification; definitions
Stalking; classification; exceptions; definitions
Unlawful solicitation of tort victims; classification; definitions
Abandonment or concealment of a dead body; classification
Unlawful feeding of wildlife; classification
Unlawful stopping to hire and pick up passengers for work; unlawful application, solicitation or employment; classification; definitions
Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment; exception; classification
Unlawful funeral or burial protest activities; classification; definition
Chapter 30 EAVESDROPPING AND COMMUNICATIONS
Definitions
False or forged messages; classification
Opening, reading or publishing sealed letter of another without authority; classification
Sending threatening or anonymous letter; classification
Interception of wire, electronic and oral communications; installation of pen register or trap and trace device; classification; exceptions
Divulging communication service information; classification; exception
Possession of interception devices; classification
Duty to report to law enforcement officers; classification
Ex parte order for interception; definition
Disclosing confidential information relating to ex parte order; exceptions; classification
Exemptions
Defenses
Communication service provider; right to compensation
Emergency interception
Stored oral, wire and electronic communications; agency access; backup preservation; delayed notice; records preservation request; violation; classification
Ex parte order for pen register or trap and trace device
Communication service records; subpoenas; application; certification; definition
Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitions
Chapter 31 WEAPONS AND EXPLOSIVES
Definitions
Misconduct involving weapons; defenses; classification; definitions
Storage of deadly weapons; definitions
Misconduct involving explosives; classification
Depositing explosives; classification
Forfeiture of weapons and explosives
Firearm purchase in other states
Unlawful discharge of firearms; exceptions; classification; definitions
Firearms regulated by state; state preemption; injunction; civil penalty; cause of action; violation; classification; definition
Sale or gift of firearm to minor; classification
Misconduct involving simulated explosive devices; classification; definition
Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties; classification
Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability
Adjudicated delinquents; firearm possession; classification
Arizona manufactured firearms; regulation; definitions
Forensics firearms identification system
Misconduct involving body armor; classification; definition
Remote stun guns; sales records; use; classification; definitions
Possession, transfer or storage of firearms; restrictions prohibited; exceptions
Misconduct involving weapons in a secured area of an airport; classification; definitions
Knives regulated by state; state preemption; definitions
Firearm transfers; chief law enforcement officer certification; notification; definitions
Unlawful use of electronic firearm tracking technology; classification; definitions
Chapter 32 PROSTITUTION
Enticement of persons for purpose of prostitution; classification
Procurement by false pretenses of person for purpose of prostitution; classification
Procuring or placing persons in house of prostitution; classification
Receiving earnings of prostitute; classification
Causing spouse to become prostitute; classification
Taking child for purpose of prostitution; classification
Detention of persons in house of prostitution for debt; classification
Keeping or residing in house of prostitution; employment in prostitution; classification
Pandering; methods; classification
Transporting persons for purpose of prostitution or other immoral purpose; classification; venue
Definitions
Child sex trafficking; classification; increased punishment; definition
Prostitution; classification
Chapter 33 GAMBLING
Definitions
Exclusions
Promotion of gambling; classification
Benefiting from gambling; classification
Betting and wagering; classification
Possession of a gambling device; classification
Possession of gambling records; classification
Presumption
Seizure; exception; definition
Forfeiture
Amusement gambling intellectual contests or events; registration; filing of rules; sworn statement; exceptions
Crane games; prohibited acts; classification
Chapter 34 DRUG OFFENSES
Definitions
Possession and sale of peyote; classification
Possession and sale of a vapor-releasing substance containing a toxic substance; regulation of sale; exceptions; classification
Nitrous oxide containers; sale to minors; classification
Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person; classification; definition
Sale of precursor or regulated chemicals; report; exemptions; violation; classification
Possession or sale of precursor chemicals, regulated chemicals, substances or equipment; exceptions; classification
Possession, use, production, sale or transportation of marijuana; classification; exceptions
Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs; misbranded drugs; classification; definition
Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification
Manufacturing methamphetamine under circumstances that cause physical injury to a minor; classification
Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification
Involving or using minors in drug offenses; classification
Serious drug offender; sentencing; definitions
Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; violation; classification; definitions
Exceptions and exemptions; burden of proof; privileged communications
Prescribing controlled substances included in schedule I for seriously ill and terminally ill patients
Forfeiture and disposition of drugs and evidence
Convicted person's information to be sent to licensing board and the department of economic security; suspension or revocation of license or registration
Possession, manufacture, delivery and advertisement of drug paraphernalia; definitions; violation; classification; civil forfeiture; factors
Probationer; payment of costs
Use of wire communication or electronic communication in drug related transactions; classification
Ineligibility to receive public benefits; restoration; definition
Multiple drug offenses not committed on the same occasion; sentencing
Unlawful substances; threshold amounts
Using building for sale or manufacture of dangerous or narcotic drugs; fortification of a building; classification; definitions
Drug court program; establishment; participation
Medical assistance requests; prohibited prosecution of Good Samaritans; mitigating factor; definitions
Chapter 34.1 IMITATION SUBSTANCE OR DRUG OFFENSES
Definitions
Effect of representations made in construing status of certain substances whose origin is uncertain
Manufacture or distribution of imitation controlled substance; prohibited acts; classification
Manufacture or distribution of imitation prescription-only drug; prohibited acts; classification
Manufacture or distribution of imitation over-the-counter drug; prohibited acts; classification
Possession or possession with intent to use imitation controlled substance; violation; classification
Possession or possession with intent to use an imitation prescription-only drug; violation; classification
Possession or possession with intent to use an imitation over-the-counter drug; violation; classification
Manufacture of certain substances and drugs by certain means; prohibited acts; classification
Civil forfeiture
Placebos; exemption from coverage
Chapter 35 OBSCENITY
Definitions
Production, publication, sale, possession and presentation of obscene items; classification
Seizure of obscene things; disposition
Coercing acceptance of obscene articles or publications; classification
Obscene prints and articles; jurisdiction
Furnishing harmful items to minors; applicability; classification
Furnishing harmful items to minors; internet activity; classification; definitions
Public display of explicit sexual materials; classification; definitions
Duty to report; classification
Evidence of obscenity
Exemption; broadcasts and telecasts
Obscene or indecent telephone communications to minors for commercial purposes; violation; classification
Sale or distribution of material harmful to minors through vending machines; classification
Chapter 35.1 SEXUAL EXPLOITATION OF CHILDREN
Definitions
Commercial sexual exploitation of a minor; classification
Sexual exploitation of a minor; evidence; classification
Luring a minor for sexual exploitation; classification
Portraying adult as minor; classification
Permissible inferences
Equipment; forfeiture
Admitting minors to public displays of sexual conduct; constructive knowledge of age; classification
Reporting suspected visual depictions of sexual exploitation of a minor; immunity
Aggravated luring a minor for sexual exploitation; classification; definitions
Unlawful age misrepresentation; classification; definition
Notice to communication service provider of website hosting alleged sexual exploitation of children
Chapter 36 FAMILY OFFENSES
Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure
Domestic violence; treatment; definition
Aggravated domestic violence; classification; definition
Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition
Definition; punishment
Partial-birth abortions; classification; civil action; definitions
Abortion; sex and race selection; injunctive and civil relief; failure to report; definition
Soliciting abortion; punishment; exception
Advertising to produce abortion or prevent conception; punishment
Bigamy; classification; exception
Marrying spouse of another; classification
Incest; classification
Child bigamy; classification; definitions
Abandonment of spouse; classification
Refusal or neglect to provide for spouse; classification
Definitions; contributing to dependency or delinquency
Contributing to delinquency and dependency; classification; procedure
Proof of guilt
Suspension of sentence upon posting bond; custody of child; revocation of suspension
Conditions of bond; forfeiture; disposition of proceeds recovered
Limitation on period of suspension or stay; discharge of defendant
Construction and effect of chapter
Permitting life, health or morals of minor to be imperiled by neglect, abuse or immoral associations; classification
Duty to report abuse, physical injury, neglect and denial or deprivation of medical or surgical care or nourishment of minors; medical records; exception; violation; classification; definitions
False reports; violation; classification
Hire or use of child under sixteen for public vocation; classification
Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to minor; minor accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product, vapor product or tobacco or shisha instruments or paraphernalia by underage person; classification; definitions
Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions
Safe haven for newborn infants; definitions
Emergency orders of protection
Unlawful sale or purchase of children; classification
Chapter 37 MISCELLANEOUS OFFENSES
Unlawful use of food stamps; classification; definitions
Defacing or damaging petroglyphs, pictographs, caves or caverns; classification
Excavating certain sites; collecting certain specimens; classification
Abuse of venerated objects; classification
Adding poison or other harmful substance to food, drink or medicine; classification
Unlawful copying or sale of sounds or images from recording devices; true name and address of articles; definitions; classification
Failure to procure or exhibit a business license; classification
Telecommunication fraud; classification; definitions
Sale or transfer of motor vehicle; lien disclosure; classification
Obtaining cable television and video services fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definition
Obtaining subscription television services; manufacture, distribution and sale of interception and decoding devices; violation; classification; civil remedy; punitive damages
Unlawful commercial use of cigarette machines; civil penalties; forfeiture; classification
Interruption of or injury to cable television and video systems; classification
Consideration for referral of patient, client or customer; fraud; violation; classification
Aggravated or multiple violations of insurance code; classification
Unauthorized manufacture, duplication, use or possession of key to a public building; classification
Unlawful failure to give notice of conviction of dangerous crime against children or child abuse; classification
Unlawful subleasing of motor vehicle; violation; classification; definitions
Sale of ticket in excess of regular price; classification; definition
Obtaining wireless telecommunications services or wireless telecommunications devices fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definitions
Dropping objects from overpass; classification; definition
Tattoos, brands, scarifications and piercings; minors; anesthesia; exception; defense; violation; classification; definitions
Solicitations for American veterans' organizations; approval; violation; classification
Unlawful operation of a recording device with the intent to record a motion picture; classification; definitions
Obtaining utility service fraudulently; classification; definitions
Interference with monitoring devices; classification
Unauthorized use of the name, portrait or picture of a deceased soldier; civil action; exceptions; classification; definition
Unlawful residency; persons convicted of criminal offenses; exceptions; preemption; classification
Unlawful purchase or sale of used catalytic converter; classification
Unlawful purchase or sale of used catalytic converter; classification
Unlawful operation of model or unmanned aircraft; state preemption; classification; definitions
Unlawful patient brokering; classification; definition
Chapter 38 MISCELLANEOUS
Article 1 Prevention of Offenses
Preventing offenses; aiding officer
Right to command aid for execution of process; exception; punishment for resisting process
Preserving peace at public meetings
Duty of officers to disperse unlawful assembly
Duty of physician or attendant upon treating certain wounds; classification
Article 2 Security to Keep the Peace
Complaint
Examination of complainant; issuance of summons or warrant of arrest
Hearing; discharge; bond; new bond; filing
Effect of filing bond; failure to file
Breach and forfeiture; action for recovery; effect of conviction
Offense or threat in presence of magistrate; bond
Article 3 Registration of Sex Offenders and Offender Monitoring
Persons required to register; procedure; identification card; assessment; definitions
Notice of moving from place of residence or change of name or electronic information; forwarding of information; definitions
Access to records
Violation; classification; assessment
Community notification
Petition to terminate sex offender registration; hearing; notice
Internet sex offender website; investigation of records; immunity; exception; definition
Criminal street gang and sex offender monitoring; qualified vendor; definition
Article 4 Close Pursuit
Definitions
Authority of peace officer entering state in close pursuit
Arrest and hearing; duty of officer and magistrate
Effect of arrest
Article 5 Uniform Criminal Extradition Act
Definitions
Fugitives from justice; duty of governor
Form of demand
Governor may investigate case
Extradition documents; contents
Extradition of persons not present in demanding state at time of commission of crime
Issue of governor's warrant of arrest; its recital
Manner and place of execution
Authority of arresting officer
Duty of arresting officer; application for writ of habeas corpus; notice
Noncompliance with preceding section; classification
Confinement in jail when necessary
Arrest prior to requisition
Arrest without a warrant
Commitment to await requisition; bail
Bail; in what cases; conditions of bond
If no arrest made on governor's warrant before the time specified
Forfeiture of bail
Persons under criminal prosecution in this state at time of requisition
Local criminal prosecution; continuance of status; time limits tolled
Imprisonment; alternative methods of extradition
Guilt or innocence of accused; when inquired into
Governor may recall warrant or issue alias
Fugitives from this state; duty of governors
Application for issuance of requisition; by whom made; contents
Payment of account of agent; method as exclusive; classification
Exemption from civil process
Written waiver of extradition proceedings; prior waiver
No right of asylum
Interpretation
Short title
Extradition of persons to and from Indian jurisdiction
Executive agreements
Use of facsimile signature
Extradition; recovery of expenses
Article 6 Authority of Peace Officers Outside Geographical Area of Agency
Authority of peace officers
Mutual aid agreements
Provisions cumulative and supplemental
Indian police; powers; qualifications
Cross-certification of federal peace officers; policy; powers; qualifications; liability; records
Article 7 Arrest
Arrest; how made; force and restraint
Time of making arrest
Arrest by officer without warrant
Arrest by private person
Arrest of principal by surety; prohibited conduct; violation; classification; definitions
Arrest by telephone or telegram; filing copy of warrant
Method of arrest by officer by virtue of warrant
Method of arrest by officer without warrant
Method of arrest by private person
Fingerprinting at time of arrest; order for fingerprints; retention
Right of officer to break into building
Right of private person to break into building
Right to break door or window to effect release
Right to break into building in order to effect release of person making arrest detained therein
Weapons to be taken from person arrested
Arrest after escape or rescue; method of recapture
Duty of officer after arresting with warrant
Arrest without warrant; magistrate; complaint
Complaint need not be verified
Duty of private person after making arrest
Right of attorney to visit person arrested
Treatment of arrested person
Notice to appear and complaint
Detention for obtaining evidence of identifying physical characteristics; definition
Processing arrestees; citizenship determination; notice
Arrest with warrant; detention officer; definition
Article 8 Search Warrant
Definition
Grounds for issuance
Conditions precedent to issuance
Examination on oath; affidavits
Issuance; form of warrant; duplicate original warrant; telefacsimile
Service of warrant; breaking and entering to execute
Time of service; exception
Time of execution and return
Receipt for property; definitions
Retention of property
Return of warrant and inventory; copy of inventory
Controverting grounds of issuance; procedure; restoration of property
Filing and transmittal of papers
Unlawful procurement of search warrant without probable cause
Unlawful search or seizure; admissibility of evidence; definitions
Article 9 Search of the Accused
Search of accused by magistrate
Article 10 Disposition of Seized Property in Custody of Magistrate or Peace Officer
Disposition and return of stolen or embezzled property
Delivery of unclaimed stolen or embezzled property to county sheriff
Article 11 Preliminary Hearings
Order of commitment; duty of officer
Compensation of court reporter appearing at preliminary hearing; fees for transcribing notes
Article 12 Bail
Offenses not bailable; purpose; preconviction; exceptions
Offenses not bailable; postconviction; exceptions
Admission to bail in certain non-bailable offenses
Admission to bail when arrest occurs in another county
Bail when warrant issued in other county
Procedure when bail not given
Validity of undertaking by minor
Release on bailable offenses before trial; definition
Violation of conditions of release; hearing
Bail bond agent lists; prohibition; rotation; acceptance of bonds
Bail after examination
Restraint before conviction
Exoneration of appearance bond; remission
Article 13 Trials
Compromise of misdemeanors and petty offenses; domestic violence; effect of order of dismissal; exceptions and limitations
Waiver of jury by consent of parties
Procedure where proof shows higher offense; effect
Effect of acquittal on merits
Title of affidavits or depositions
Harmless error
Admissibility of confessions
Admissibility in evidence of eye witness testimony
Admissibility; 911 emergency service records and recordings; definition
Admissibility; radio traffic records and recordings; definition
Notice of conviction of teachers
Article 14 Procedures on Issue of Insanity of Defendant
Detention of defendant during insanity; restoration to sanity
Expenses of maintenance of insane defendant as county charge
Examination of defendant pleading not guilty by reason of insanity; privilege inapplicability; reports
Commitment; hearing; jurisdiction; definition
Article 16Costs, Fees, and Disposition of Fines and Forfeitures
Costs of criminal action on removal before trial
Costs of transmittal of records of prosecution to another county upon discovery that trial court is without jurisdiction
Counsel assigned in criminal proceeding or insanity hearings; investigators and expert witnesses; compensation
Fees for expert witnesses in sanity hearing; fees of physician examining defendant alleging pregnancy as cause for not pronouncing sentence
Article 17 Insanity or Pregnancy of Person Under Death Sentence
Competency to be executed; definition
Determining competency
Recovery of competency
Untimely or successive motions
Procedure upon discovery that prisoner under death sentence may be pregnant; examination
Proceedings subsequent to examination for pregnancy
Article 18 Appeals
Right of appeal
Appeal by state
Appeal by defendant
Expense of record or transcript upon appeal by indigent as county charge
Power of supreme court on appeal from judgment of conviction
Power of supreme court to correct and reduce sentence upon appeal by defendant
Power of supreme court on appeal by state
Failure of appellant to prosecute appeal; effect
Divestiture of jurisdiction of supreme court after remission of minute entry and decision; exception
Fee of counsel assigned in criminal proceeding or insanity hearing on appeal or in postconviction relief proceedings; reimbursement
Appellate proceedings; request for extension; victim notification
Article 19 Entry of Clearance on Records
Entry on records; stipulation; court order
Article 20 Competency and Privileges
Competency of witness
Anti-marital fact privilege; other privileged communications
Competency of female concerned in certain offenses; effect of marriage to accused
Order compelling person to testify or produce evidence; immunity from use of such evidence; contempt
Prohibition on psychological or psychiatric examination to determine credibility
Privileged communication; sex offender treatment; exception
Article 21 Attendance of Witnesses
Subpoena; issuance; duty of clerk
Service of subpoena
Refusal to attend, be sworn or testify as contempt
Attendance of witness; liability for nonattendance; appearance bond forfeiture
Removal of prisoner to attend as witness; procedure; duty of sheriff
Allowance of expenses of out of county or indigent witness
Article 22Material Witnesses
Definition of material witness
Material witness bond
Material witness; detention; release
Material witness deposition; time limits
Article 23 Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings
Definitions
Summoning witness in this state to testify in another state
Witness from another state summoned to testify in this state
Exemption from arrest and service of process
Uniformity of interpretation
Short title
Article 24 Deposition of Witness Within the State
Witness for defendant
Grounds for examination; application
Order for examination; notice; proof of service
Attendance of witness; testimony; transmittal
Use of deposition at trial; objection to testimony
Article 25 Deposition of Witness Without the State
Witness for defendant; grounds; application; issuance of commission; stay of trial
Interrogatories and cross-interrogatories; notice; service; duty of court; execution of commission
Duty of commissioner in executing commission; attachment of section to commission
Receipt and filing of commission; inspection
Use of deposition at trial; objection to testimony
Delivery of commission by agent; inability of agent to deliver
Article 26 Habeas Corpus
Prosecution of writ
Application for writ
Granting of writ; remand of prisoner
Granting writ; time; bail
Direction of writ
Delivery and service of writ
Compelling obedience to writ
Return to writ
Production of prisoner; exception
Hearing on return
Discharge of prisoner
Discharge of prisoner held on process
Effect of defect in form
Defective process or commitment; re-examination
Writ to admit to bail
Remand of prisoner
Custody pending judgment
Disobedience of writ for defect of form
Finality of discharge; exceptions
Warrant for immediate production of person restrained or restraining; grounds
Execution of warrant; return and hearing
Issuance, service and return of writ or process; time; manner; duty of clerk
Charging fee in habeas corpus prohibited
Form of writ
Disobedience of command of writ; classification
Avoidance of command of writ; classification
Article 27 Crime Victim Accounts
Definitions
Void contracts; crime victim accounts; establishment; notice to victims; exceptions; civil liability; definition
Article 28 Retention and Preservation of Biological Evidence
Preservation of biological evidence; retention period; definitions
Article 29 Post-Conviction Relief
Scope of post-conviction relief
Preclusion of post-conviction relief; exceptions; proof
Nature of proceeding and relation to other remedies
Commencement of proceedings; notice; appointment of counsel for capital defendants; assignment of judge; stay
Post-conviction relief proceedings; request for extension; victim notification
Contents of petition
Additional pleadings; summary disposition; amendments
Informal conference
Evidentiary hearing
Review
Postconviction deoxyribonucleic acid testing
Article 30 Child Witnesses
Applicability; definition
Recording of testimony
Out of court testimony; televised; recorded
Article 31 Complaints
Law enforcement officer; affidavit; definition
Article 32 Cold Cases
Cold case register; law enforcement agencies; definition
Article 33 Authority to Seize Animals
Animal seizure; notification; forfeiture; bond; hearing; exceptions
Article 34 Tracking and Cell Site Simulator Device Search Warrants
Definitions
General provisions
Tracking device search warrant; issuance; grounds; requirements; notice
Cell site simulator device search warrant; issuance; grounds; requirements; notice; prohibited uses; nontarget data
Chapter 39 FORFEITURE
Definitions
Jurisdiction
Venue
Property subject to forfeiture; exemptions
Seizure of property
Powers and duties of peace officers and agencies; definition
Notice of pending forfeiture
Commencement of proceedings
Uncontested forfeiture
Judicial forfeiture proceedings; general
Judicial in rem forfeiture proceedings
Judicial in personam forfeiture proceedings
Supplemental remedies
Disposition by court
Allocation of forfeited property
Chapter 40 CRIME VICTIMS' RIGHTS
Definitions
Victims' rights for neighborhood associations
Implementation of rights and duties
Victims' rights; dismissed counts
Inability to exercise rights; lawful representatives; notice; definition
Limited rights of a legal entity
Information provided to victim by law enforcement agencies
Issuance and execution of arrest warrants
Notice of initial appearance
Notice of terms and conditions of release
Pretrial notice
Notice of criminal proceedings
Notice of conviction, acquittal or dismissal; impact statement
Notice of post-conviction review and appellate proceedings
Notice of right to request not to receive inmate mail
Notice of release or escape
Notice of prisoner's status
Notice of postconviction release; right to be heard; hearing; final decision; free electronic recording
Notice of probation modification, termination or revocation disposition matters; notice of arrest
Notice of release, discharge or escape from a mental health treatment agency
Request for notice; forms; notice system
Construction of chapter
Victim conference with prosecuting attorney
Criminal proceedings; right to be present
Initial appearance
Post-arrest custody decisions
Plea negotiation proceedings
Impact statement; presentence report
Inspection of presentence report
Sentencing
Sentencing; victims' right to be heard
Probation modification, revocation disposition or termination proceedings
Victim's discretion; form of statement
Return of victim's property; release of evidence
Consultation between crime victim advocate and victim; privileged information; exception
Minimizing victim's contacts
Motion to revoke bond or personal recognizance
Victim's right to refuse an interview; applicability
Victim's right to privacy; exception; definitions
Speedy trial; continuance; notice
Effect of failure to comply
Standing to invoke rights; recovery of damages; right to counsel
Statement of rights
Right to leave work; scheduled proceedings; counseling; employment rights; nondiscrimination; confidentiality; definition
Notice of petition of factual innocence; right to be heard; hearing
Right to be heard on a petition to restore the right to possess a firearm; notice
Use of a facility dog in court proceedings; definition
Notice of available civil remedies
Chapter 41 INCOMPETENCE TO STAND TRIAL
Definitions
Effect of incompetency
Request for competency examination; jurisdiction over competency hearings; referral
Dismissal of misdemeanor charges; notice
Appointment of experts; costs
Examination for purposes of insanity defense
Examination of competency to stand trial
Privilege against self-incrimination; sealed reports
Expert's report
Competency hearing and orders
Competency to refuse treatment; length of sentence
Competency restoration treatment; order; commitment; costs
Appointment of clinical liaison
Progress reports; rehearings
Duration of order; excluded time calculation; notice of dismissed charge or voided order; petitions
Notice to central state repository; records
Incompetent defendants; disposition
Screening; sexually violent person; appointment of competent professional
Chapter 43 MOTOR VEHICLE CHOP SHOPS
Definitions
Conducting a chop shop; exception; violation; classification
Forfeiture and disposition of motor vehicle, motor vehicle part, property and evidence
Chapter 44 WIRELESS TELEPHONE COUNTERFEITING
Definitions
Possession or sale of cloned cellular or wireless telephones; exception; violation; classification
Chapter 45 COMMERCIAL NUCLEAR GENERATING STATION
Definitions
Criminal trespass on commercial nuclear generating station; classification
Use of force; armed nuclear security guards
Detention authority; armed nuclear security guards
Chapter 46 MILITARY RESERVATIONS AND FACILITIES SECURITY
Definitions
Criminal trespass on military reservations and facilities; classification