Title 13, Criminal Code

A. A person is guilty of violent sexual assault if in the course of committing an offense under section 13-1404, 13-1405, 13-1406 or 13-1410 the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or…

A. It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation. B. It is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that …

A. It is unlawful for a person to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if all of the following apply: 1. The person in the image is depicted in a state of nudity or i…

A. A health care facility that obtains written consent to release sexual assault kit evidence shall notify the investigating law enforcement agency, if known, or the law enforcement agency that has jurisdiction in that portion of the local unit of government in which the health c…

A. On or before August 30 of each year, each law enforcement agency shall report to the department of public safety on a form prescribed by the department of public safety: 1. The number of sexual assault kits that the agency received. 2. The number of sexual assault kits that we…

A. A person commits sexual extortion by knowingly communicating a threat with the intent to coerce another person to do any of the following: 1. Engage in sexual contact or sexual intercourse. 2. Allow the other person's genitals, anus or female breast to be photographed, filmed,…

A. A person commits possessing a child sex doll by intentionally or knowingly possessing a child sex doll. B. A person commits trafficking a child sex doll by knowingly manufacturing, distributing, selling, transferring, offering to sell, advertising, providing, shipping, deliver…

A. A person commits child enticement by knowingly doing either of the following: 1. Using an electronic communication device, performing an act in person or through a third party or using any written communication to lure or entice or attempt to lure or entice a minor to distribu…

In this chapter, unless the context otherwise requires: 1. "Critical public service facility" means: (a) A structure or fenced yard that is posted with signage indicating it is a felony to trespass or signage indicating high voltage or high pressure and is used by a rail, bus, ai…

A. A person commits criminal trespass in the third degree by: 1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable…

A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard. B. Criminal trespass in the second degree is a class 2 misdemeanor.

A. A person commits criminal trespass in the first degree by knowingly: 1. Entering or remaining unlawfully in or on a residential structure. 2. Entering or remaining unlawfully in a fenced residential yard. 3. Entering any residential yard and, without lawful authority, looking …

A. A person commits possession of burglary tools by: 1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an i…

A. A person commits burglary in the third degree by: 1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein. 2. Making entry into any part of a motor vehicle b…

A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein. B. Burglary in the second degree is a class 3 felony.

A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony. B. Burg…

A. In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 United States Code section 1304(e) or 1306(a). B. In the enforcement of this section, an alien's immigratio…

In this chapter, unless the context otherwise requires: 1. "Damaging" means damage as defined in section 13-1701. 2. "Defacing" means any unnecessary act of substantially marring any surface or place, by any means, or any act of putting up, affixing, fastening, printing or painti…

A. A person commits criminal damage by: 1. Recklessly defacing or damaging property of another person. 2. Recklessly tampering with property of another person so as substantially to impair its function or value. 3. Recklessly damaging property of a utility. 4. Recklessly physical…

A. A person commits criminal littering or polluting if the person without lawful authority does any of the following: 1. Throws, places, drops or permits to be dropped on public property or property of another that is not a lawful dump any litter, destructive or injurious materia…

A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner: 1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose.…

Amounts of damage caused pursuant to one scheme or course of conduct, whether to property of one or more persons, may be aggregated in the indictment or information at the discretion of this state in determining the classification of an offense in violation of this chapter.

In this chapter, unless the context otherwise requires: 1. "Damage" means any physical or visual impairment of any surface. 2. "Occupied structure" means any structure as defined in paragraph 4 in which one or more human beings either is or is likely to be present or so near as t…

A. A person commits reckless burning by recklessly causing a fire or explosion which results in damage to an occupied structure, a structure, wildland or property. B. Reckless burning is a class 1 misdemeanor.

A. A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion. B. Arson of a structure is a class 4 felony. Arson of property is a class 4 felony if the property had a value of more than …

A. A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion. B. Arson of an occupied structure is a class 2 felony.

A. A person commits arson of an occupied jail or prison facility by knowingly causing a fire or explosion which results in physical damage to the jail or prison facility. B. Arson of an occupied jail or prison facility is a class 4 felony.

A. It is unlawful for any person, without lawful authority, to intentionally, knowingly, recklessly or with criminal negligence to set or cause to be set on fire any wildland other than the person's own or to permit a fire that was set or caused to be set by the person to pass fr…

A. It is unlawful for a person to burn or cause to be burned a cross on the property of another person without that person's permission or on a highway or any other public place with the intent to intimidate any person or group of persons. The intent to intimidate may not be infe…

A. It is unlawful for a person to burn or cause to be burned any symbol not addressed by section 13-1707 on the property of another person without that person's permission or on a highway or any other public place with the intent to intimidate any person or group of persons. The …

A. A person who commits an act in violation of this chapter that results in an appropriate emergency response or investigation and who is convicted of the violation may be liable for the expenses that are incurred incident to the emergency response and the investigation of the co…

A. In this chapter, unless the context otherwise requires: 1. "Check" means any check, draft or other negotiable or nonnegotiable instrument of any kind. 2. "Control" or "exercise control" means to act so as to exclude others from using their property except on the defendant's ow…

A. A person commits theft if, without lawful authority, the person knowingly: 1. Controls property of another with the intent to deprive the other person of such property; or 2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or…

A. A person commits unlawful use of means of transportation if, without intent permanently to deprive, the person either: 1. Knowingly takes unauthorized control over another person's means of transportation. 2. Knowingly is transported or physically located in a vehicle that the…

A. A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following: 1. Cause physical injury to anyone by means of a deadly weapon or dangerous instrument or cause death or serious …

A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by: 1. Removing any of the goods from the immediate display or from an…

A. A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person knowingly fails without good cause to return the property within seventy-two hours after the time provided for return in the rental agreem…

A. A person commits issuing a bad check if the person issues or passes a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuanc…

A. For the purposes of this chapter, the issuer's knowledge of insufficient funds may be presumed if either: 1. The issuer had no account or a closed account with the bank or other drawee at the time the issuer issued the check. 2. Payment was refused by the bank or other drawee …

A. The county attorney may prosecute any violation of section 13-1807. If the defendant is alleged to have committed multiple violations of section 13-1807 within the same county, the county attorney may file a complaint charging all of the violations that have not previously bee…

A. Each county attorney may create within his office a deferred prosecution program for bad check cases. B. The county attorney may refer a bad check case to the bad check deferred prosecution program. This chapter does not limit the power of the county attorney to prosecute bad …

A. The board of supervisors of a county shall establish a county bad check trust fund in the county treasury. The county attorney shall administer the fund under the conditions and for the purposes provided by this section. B. The county attorney shall transmit to the county trea…

A. The county attorney may issue a subpoena duces tecum to a financial institution to obtain account records or affidavits of dishonor in an investigation or prosecution of any violation of section 13-1802, 13-1807, 13-2002, 13-2310 or 13-2311. This section does not prevent the c…

A. A person commits gift card theft if, with the intent to defraud, the person knowingly does any of the following: 1. Acquires possession of a gift card or gift card information without the consent of the gift card holder, issuer or seller. 2. Acquires possession of a gift card …

A. A person commits theft of means of transportation if, without lawful authority, the person knowingly does one of the following: 1. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. 2. Converts fo…

A. An agent who holds a principal's power of attorney pursuant to title 14, chapter 5, article 5 and who uses or manages the principal's assets or property with the intent to unlawfully deprive that person of the asset or property is guilty of theft. B. A violation of this sectio…