Title 13, Criminal Code

The general rule that a penal statute is to be strictly construed does not apply to this title, but the provisions herein must be construed according to the fair meaning of their terms to promote justice and effect the objects of the law, including the purposes stated in section …

In this title, unless the context otherwise requires: 1. "Absconder" means a probationer who has moved from the probationer's primary residence without permission of the probation officer, who cannot be located within ninety days of the previous contact and against whom a petitio…

A. On a convicted defendant's death, the court shall dismiss any pending appeal or postconviction proceeding. B. A convicted defendant's death does not abate the defendant's criminal conviction or sentence of imprisonment or any restitution, fine or assessment imposed by the sent…

A. A prosecution for any homicide, any conspiracy to commit homicide that results in the death of a person, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of sectio…

A. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which such person is legally accountable if: 1. Conduct constituting any element of the offense or a result of such conduct occurs within this state; or 2. The co…

A. Criminal prosecutions shall be tried in the county in which conduct constituting any element of the offense or a result of such conduct occurred, unless otherwise provided by law. B. The following special provisions apply: 1. If conduct constituting an element of an offense or…

A person may be convicted of an attempt to commit a crime, although it appears upon the trial that the crime intended or attempted was perpetrated by the person in pursuance of such an attempt, unless the court, in its discretion, discharges the jury and directs the person to be …

When the defendant is convicted or acquitted, or has once been placed in jeopardy upon an indictment or information, the conviction, acquittal or jeopardy is a bar to another indictment or information for the offense charged in either, or for an attempt to commit the offense, or …

Where a person may be tried for an offense in two or more counties, a conviction or acquittal of the offense in one county shall be a bar to a prosecution for the same offense in another county.

In a criminal action defendant is entitled: 1. To have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed. 2. To have counsel. 3. To produce witnesses on his behalf, and to be confronted with the witnesses against him i…

A. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to be acquitted. B. When it appears that a defendant has committed a crime or public offense, a…

An act or omission which is made punishable in different ways by different sections of the laws may be punished under both, but in no event may sentences be other than concurrent. An acquittal or conviction and sentence under either one bars a prosecution for the same act or omis…

A. A defendant in a criminal action or proceeding shall not be compelled to be a witness against himself, but may be a witness in his own behalf. If he offers himself as a witness in his own behalf, he may be cross-examined to the same extent and subject to the same rules as any …

A. In each criminal case involving an offense other than a sexual offense, the prosecutor may file a special allegation of sexual motivation if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact. B.…

A. When money or other property is taken from a defendant arrested upon a charge of a crime or public offense, the officer taking it shall at the time make duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. The officer shall de…

Whenever any further proceedings are instituted before the trial court subsequent to the original trial and sentencing, excepting motions for new trial made within one year after the rendition of the verdict or the finding of the court, the court in the same action shall have jur…

This state or any political subdivision of this state may maintain an action against any person convicted of an offense for the recovery of any public monies paid to the person. Venue for such an action is in the superior court in the county where the monies were paid, where a sa…

In any action for a prosecution involving a dangerous crime against children, the state may file a certificate stating that the case is of special public importance. The clerk shall immediately furnish a copy of the certificate to the chief judge of the superior court in the coun…