Title 13 — Criminal Code

A. It is unlawful for a person to do any of the following: 1. Intentionally be present in a drug free school zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs. 2. Possess or use marijuana, peyote, dangerous drugs or narcotic dr…

A. The provisions of sections 13-3402 and 13-3403, section 13-3404.01, subsection A, paragraph 1 and sections 13-3405 through 13-3409 do not apply to: 1. Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of sections 32-1921 and 32-1961. 2. Medical practi…

A. Notwithstanding any law to the contrary, any medical doctor licensed to practice in this state may prescribe a controlled substance included in schedule I as prescribed by section 36-2512 or the rules adopted pursuant to section 36-2512 to treat a disease, or to relieve the pa…

A. The following items used or intended for use in violation of this chapter are subject to seizure and forfeiture pursuant to chapter 39 of this title: 1. Property, equipment, containers, chemicals, materials, money, books, records, research products, formulas, microfilm, tapes …

A. On the conviction of a person of an offense in this chapter, the court or, if directed by the court, the clerk of the court shall provide the convicted person's name, case number, date of conviction and crime convicted of and, if known, the convicted person's social security n…

A. Except as provided in section 36-2852 and section 36-2853, subsection C, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, a…

In addition to any other fines or assessments, persons placed on probation for a violation of this chapter with a condition to participate in community restitution, drug testing or antidrug abuse education may be required by the court to pay any reasonable costs associated with p…

A. It is unlawful for a person to use any wire communication or electronic communication as defined in section 13-3001 to facilitate the violation of any felony provision or to conspire to commit any felony provision of this chapter or chapter 23 of this title. B. Any offense com…

A. On conviction of any offense in this chapter, the court may render the person who is convicted ineligible to receive any public benefits. The court shall determine the length of time that shall elapse before the person's eligibility is restored. B. The court shall not deny any…

A. Except for a person convicted of possession offenses pursuant to section 13-3405, subsection A, paragraph 1, section 13-3407, subsection A, paragraph 1 or section 13-3408, subsection A, paragraph 1, a person who is convicted of two or more offenses under this chapter that were…

For purposes of determining if the threshold amount is equaled or exceeded in any single offense or combination of offenses, a percentage of each substance listed by weight in section 13-3401, or any fraction thereof to its threshold amount shall be established. The percentages s…

A. A person who as a lessee or occupant intentionally uses a building for the purpose of unlawfully selling, manufacturing or distributing any dangerous drug or narcotic drug is guilty of a class 6 felony. B. A person who as a lessee or occupant of a building and who with the int…

A. The presiding judge of the superior court in each county may establish a drug court program as defined in section 13-3401. B. Cases assigned to the drug court program may consist of defendants who are drug dependent persons and who are charged with a probation eligible offense…

(Rpld. 7/1/28) A. A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose may not be charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia or a preparatory offense if the evidence for the vio…

(Caution: 1998 Prop. 105 applies) A. A person who is at least eighteen years of age commits sale of lethal fentanyl if the person knowingly sells fentanyl in violation of section 13-3408, subsection A, paragraph 7 and both of the following apply: 1. The person knows that the drug…

In this chapter, unless the context otherwise requires: 1. "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse, when both: (a) To the average adult a…

A person is guilty of a class 5 felony who, with knowledge of the character of the item involved, knowingly: 1. Prints, copies, manufactures, prepares, produces, or reproduces any obscene item for purposes of sale or commercial distribution. 2. Publishes, sells, rents, lends, tra…

An obscene or indecent writing, paper, book, picture, print or figure found in possession, or under control of a person arrested therefor, shall be delivered to the magistrate before whom the person arrested is required to be taken, and if the magistrate finds it is obscene or in…

A. No person, firm, association or corporation shall, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other item, article, book, or ot…

A. The superior court has jurisdiction to enjoin the sale or distribution of obscene prints and articles, as described in subsection B of this section. B. The county attorney of any county or the city attorney of any city in which a person, firm, association or corporation publis…

A. It is unlawful for any person, with knowledge of the character of the item involved, to recklessly furnish, present, provide, make available, give, lend, show, advertise or distribute to minors any item that is harmful to minors. B. This section does not apply to the transmiss…

A. It is unlawful for any person, with knowledge of the character of the item involved, to intentionally or knowingly transmit or send to a minor by means of electronic mail, personal messaging or any other direct internet communication an item that is harmful to minors when the …

A. It is unlawful for any person knowingly to place explicit sexual material upon public display, or knowingly to fail to take prompt action to remove such a display from property in his possession or under his control after learning of its existence. B. A person who violates any…

A. A person who is asked to record, film, photograph, develop or duplicate any visual or print medium depicting sexual activity, whether or not the person would be compensated, shall immediately report, or cause a report to be made of, such request to a municipal or county peace …

A. Expert testimony or other ancillary evidence is not required to determine obscenity if the allegedly obscene item has been placed in evidence. The item itself is the best evidence of what it represents. B. If a person relied upon a rating given to a film or motion picture by t…

The provisions of this chapter shall not apply to broadcasts or telecasts through facilities licensed under the federal communications act or title 9, chapter 5, article 1.1.

A. It is unlawful for any person to knowingly make by means of a telephone, directly or by a recording device, any obscene or indecent communication for commercial purposes to any person who is under the age of eighteen years. The communication is unlawful regardless of whether t…

A. It is unlawful for any person to knowingly display, sell or offer to sell in any coin-operated or slug-operated vending machine or mechanically or electronically controlled vending machine that is located in a public place, other than a public place from which minors are exclu…

A. "Domestic violence" means any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425, 13-1502, 13-1503, …

A. The judge shall order a person who is convicted of a misdemeanor domestic violence offense to complete a domestic violence offender treatment program that is provided by a facility approved by the court pursuant to rules adopted by the supreme court, the department of health s…

A. A person is guilty of aggravated domestic violence if the person within a period of eighty-four months commits a third or subsequent violation of a domestic violence offense or is convicted of a violation of a domestic violence offense and has previously been convicted of any …

A. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the pa…

A. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a class 6 felony and shall be fined under this title or imprisoned not more than two years, or both. B. This section does not apply to a partial-birth abortion that is ne…

A. Except in a medical emergency, a person who knowingly does any of the following is guilty of a class 6 felony: 1. Performs an abortion knowing that the abortion is sought based on the sex or race of the child or the race of a parent of that child. 2. Performs an abortion knowi…

A person who wilfully writes, composes or publishes a notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for prevention of conception, or who offers his services by a notice, advertisement or otherwise, to assist in the ac…

A. A person having a spouse living who knowingly marries any other person is guilty of a class 5 felony. B. Subsection A of this section does not extend to a person whose spouse by the former marriage has been absent for five successive years without being known to such person wi…

A person who knowingly marries the spouse of another, in any case in which such spouse would be guilty of bigamy, is guilty of a class 5 felony.

Persons who are eighteen or more years of age and are within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who knowingly intermarry with each other, or who knowingly commit fornication or adultery with each other are guilty of …

A. A person commits child bigamy if the person knowingly does any of the following: 1. Is at least eighteen years of age, has a spouse and marries a child. 2. Is at least eighteen years of age and, either alone or in association with others, directs, causes or controls the marria…

A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the means of such spouse's support, who knowingly abandons and leaves such spouse in a destitute condition, is guilty of a class 1 misdemeanor.

A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the means of such spouse's support, who knowingly fails or refuses to provide the spouse with necessary food, clothing, shelter or medical attendance, unless by such spou…

For the purposes of sections 13-3613 through 13-3618, unless the context otherwise requires: 1. "Delinquency" means any act that tends to debase or injure the morals, health or welfare of a child. 2. "Delinquent person" includes any person under the age of eighteen years who viol…

A. A person who by any act, causes, encourages or contributes to the dependency or delinquency of a child, as defined by section 13-3612, or who for any cause is responsible therefor is guilty of a class 1 misdemeanor. B. The procedure and prosecution shall be the same as in othe…

In order to find a person guilty of violating the provisions of section 13-3613, it is not necessary to prove that the child has actually become dependent or delinquent, if it appears from the evidence that through any act of neglect or omission of duty, or by any improper act or…

A. The sentence which may be imposed by section 13-3613, or its execution, may be suspended by the court upon condition that defendant give a good and sufficient bond to the state in such penal sum as the court determines, not exceeding one thousand dollars, conditioned for the p…

A. A condition of the bond provided in section 13-3615, shall be that it shall not be necessary to bring a separate action to recover the penalty of such bond if forfeited, but that the court may order a citation to issue to the sureties thereon, requiring that they appear at a t…

Sentence shall not be suspended, or execution stayed, for more than two years, and if at any time within such period, it appears to the satisfaction of the court that the person has complied with the conditions of the suspension, or is for any cause entitled to be released, the c…

A. The provisions of sections 13-3612 through 13-3618 shall be liberally construed in favor of the state for the protection of the child from neglect or omission of parental duty toward the child, and also to protect children of the state from the effects of the improper conduct,…

A person having custody of a minor under sixteen years of age who knowingly causes or permits the life of such minor to be endangered, its health to be injured or its moral welfare to be imperiled, by neglect, abuse or immoral associations, is guilty of a class 1 misdemeanor.

A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical h…