General Provisions

39-11-101. Objectives of criminal code.

The general objectives of the criminal code are to:

(1) Proscribe and prevent conduct that unjustifiably and inexcusably causes or threatens harm to
individual, property, or public interest for which protection through the criminal law is appropriate;
(2) Give fair warning of what conduct is prohibited, and guide the exercise of official
discretion in law enforcement, by defining the act and the culpable mental state that together
constitute an offense;
(3) Give fair warning of the consequences of violation, and guide the exercise of official
discretion in punishment, by grading of offenses; and
(4) Prescribe penalties that are proportionate to the seriousness of the offense.

Deterrence Imposing a penalty for a criminal act is also intended to deter that person
from repeating the act. If the penalty is significant enough, the lawbreaker will think
twice before doing it again. Also, when the penalties are well known and there is public
dissemination of penalties for a particular crime, it is expected that others who might
contemplate the crime would be deterred from engaging in the prohibited activity. When
there is a trial, sentencing and punishment imposed, there is often attendant publicity.
This publicity is part of the deterrent factor in imposing a criminal penalty. Deterrence is
frequently an argument used to support the death penalty.

Incapacitationprevents future crime by removing the defendant from society. Examples

of incapacitation are incarceration, house arrest, or execution pursuant to the death
penalty. Jail or prison terms generally lengthen with the seriousness of the crime. The
longer sentences serve the ends of revenge and deterrence, and serve another purpose.
The longer a person is in custody, the less opportunity that person has to commit new
crimes. This is particularly true of repeat offenders. This is one reason for laws known as
three strikes imposing long prison terms or even life sentences on individuals with
multiple convictions. When an offender has not been deterred by prior penalties,
protection of potential victims from that offender becomes an important consideration.
Long jail or prison terms for individuals with multiple DUIs are becoming common as a
protection for society. At some point it is in societys interest to protect itself by a
certainty that a dangerous person is unable to harm others and incapacitation through
custody serves that interest.

Rehabilitationprevents future crime by altering a defendants behavior. Examples of

rehabilitation include educational and vocational programs, treatment center placement,
and counseling. The court can combine rehabilitation with incarceration or with probation
or parole. This lightens the load of jails and prisons while lowering recidivism, which
means reoffending.

Retributionprevents future crime by removing the desire for personal avengement (in
the form of assault, battery, and criminal homicide, for example) against the defendant.
When victims or society discover that the defendant has been adequately punished for a

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 crime, they achieve a certain satisfaction that our criminal procedure is working
effectively, which enhances faith in law enforcement and our government.

Restitutionprevents future crime by punishing the defendant financially. Restitution is

when the court orders the criminal defendant to pay the victim for any harm and
resembles a civil litigation damages award. Restitution can be for physical injuries, loss
of property or money, and rarely, emotional distress. It can also be a fine that covers
some of the costs of the criminal prosecution and punishment.

39-11-104. Construction of criminal code.

The provisions of this title shall be construed according to the fair import of their terms,
including reference to judicial decisions and common law interpretations, to promote justice, and
effect the objectives of the criminal code.

39-11-106. Title definitions.

(a) As used in this title, unless the context requires otherwise:

(2) "Bodily injury" includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or
temporary illness or impairment of the function of a bodily member, organ, or mental faculty;

(5) "Deadly weapon" means:

(A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death
or serious bodily injury; or
(B) Anything that in the manner of its use or intended use is capable of causing death or serious
bodily injury;

(8) "Deprive" means to:

(A) Withhold property from the owner permanently or for such a period of time as to substantially
diminish the value or enjoyment of the property to the owner;

(34) "Serious bodily injury" means bodily injury that involves:

(A) A substantial risk of death;
(B) Protracted unconsciousness;
(C) Extreme physical pain;
(D) Protracted or obvious disfigurement;
(E) Protracted loss or substantial impairment of a function of a bodily member, organ or mental
faculty; or
(F) A broken bone of a child who is twelve (12) years of age or less;

39-11-201. Burden of proof.

(a) No person may be convicted of an offense unless each of the following is proven beyond a
reasonable doubt:

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 (1) The conduct, circumstances surrounding the conduct, or a result of the conduct described
in the definition of the offense;
(2) The culpable mental state required;
(3) The negation of any defense to an offense defined in this title if admissible evidence is
introduced supporting the defense; and
(4) The offense was committed prior to the return of the formal charge.
(b) In the absence of the proof required by subsection (a), the innocence of the person is
presumed.
(c) A person charged with an offense has no burden to prove innocence.
(d) Evidence produced at trial, whether presented on direct or cross-examination of state or
defense witnesses, may be utilized by either party.
(e) No person may be convicted of an offense unless venue is proven by a preponderance of the
evidence.
(f) If the issue is raised in defense, no person shall be convicted of an offense unless jurisdiction
and the commission of the offense within the time period specified in title 40, chapter 2 are
proven by a preponderance of the evidence.

39-11-301. Requirement of culpable mental state.

(a) (1) A person commits an offense who acts intentionally, knowingly, recklessly or with
criminal negligence, as the definition of the offense requires, with respect to each element of the
offense.
(2) When the law provides that criminal negligence suffices to establish an element of an
offense, that element is also established if a person acts intentionally, knowingly or recklessly.
When recklessness suffices to establish an element, that element is also established if a person
acts intentionally or knowingly. When acting knowingly suffices to establish an element, that
element is also established if a person acts intentionally.

(b) A culpable mental state is required within this title unless the definition of an offense plainly
dispenses with a mental element.

(c) If the definition of an offense within this title does not plainly dispense with a mental
element, intent, knowledge or recklessness suffices to establish the culpable mental state.

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39-11-302. Definitions of culpable mental state.

(a) "Intentional" refers to a person who acts intentionally with respect to the nature of the
conduct or to a result of the conduct when it is the person's conscious objective or desire to
engage in the conduct or cause the result.

(b) "Knowing" refers to a person who acts knowingly with respect to the conduct or to
circumstances surrounding the conduct when the person is aware of the nature of the conduct or
that the circumstances exist. A person acts knowingly with respect to a result of the person's
conduct when the person is aware that the conduct is reasonably certain to cause the result.

(c) "Reckless" refers to a person who acts recklessly with respect to circumstances surrounding
the conduct or the result of the conduct when the person is aware of but consciously disregards a
substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk
must be of such a nature and degree that its disregard constitutes a gross deviation from the
standard of care that an ordinary person would exercise under all the circumstances as viewed
from the accused person's standpoint.

(d) "Criminal negligence" refers to a person who acts with criminal negligence with respect to
the circumstances surrounding that person's conduct or the result of that conduct when the person
ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result
will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes
a gross deviation from the standard of care that an ordinary person would exercise under all the
circumstances as viewed from the accused person's standpoint.

Provisions Re: Defenses

39-11-203. Defense.

(a) A defense to prosecution for an offense in this title is so labeled by the phrase: "It is a
defense to prosecution under ... that ..."
(b) The state is not required to negate the existence of a defense in the charge alleging
commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless it is fairly raised by
the proof.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall instruct the
jury that any reasonable doubt on the issue requires the defendant to be acquitted.
(e) (1) A ground of defense, other than one (1) negating an element of the offense or an
affirmative defense, that is not plainly labeled in accordance with this part has the procedural and
evidentiary consequences of a defense.

39-11-604. Reckless injury of innocent third person.

Even though a person is justified under this part in threatening or using force or deadly force

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against another, the justification afforded by this part is unavailable in a prosecution for harm to
an innocent third person who is recklessly injured or recklessly killed by the use of such force.

39-11-611. Self-defense.

(a) As used in this section, unless the context otherwise requires:

(1) Business means a commercial enterprise or establishment owned by a person as all
or part of the person's livelihood or is under the owner's control or who is an employee or agent
of the owner with responsibility for protecting persons and property and shall include the interior
and exterior premises of the business;
(2) "Curtilage" means the area surrounding a dwelling that is necessary, convenient and
habitually used for family purposes and for those activities associated with the sanctity of a
person's home;
(3) "Dwelling" means a building or conveyance of any kind, including any attached
porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that
has a roof over it, including a tent, and is designed for or capable of use by people;
(4) "Residence" means a dwelling in which a person resides, either temporarily or
permanently, or is visiting as an invited guest, or any dwelling, building or other appurtenance
within the curtilage of the residence; and
(5) "Vehicle" means any motororized vehicle that is self-propelled and designed for use
on public highways to transport people or property.

(b) (1) Notwithstanding 39-17-1322, a person who is not engaged in unlawful activity and
is in a place where the person has a right to be has no duty to retreat before threatening or using
force against another person when and to the degree the person reasonably believes the force is
immediately necessary to protect against the other's use or attempted use of unlawful force.
(2) Notwithstanding 39-17-1322, a person who is not engaged in unlawful activity and
is in a place where the person has a right to be has no duty to retreat before threatening or using
force intended or likely to cause death or serious bodily injury, if:
(A) The person has a reasonable belief that there is an imminent danger of death
or serious bodily injury;
(B) The danger creating the belief of imminent death or serious bodily injury is
real, or honestly believed to be real at the time; and
(C) The belief of danger is founded upon reasonable grounds.

(c) Any person using force intended or likely to cause death or serious bodily injury within a
residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent
death or serious bodily injury to self, family, a member of the household or a person visiting as
an invited guest, when that force is used against another person, who unlawfully and forcibly
enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the
person using defensive force knew or had reason to believe that an unlawful and forcible entry
occurred.

(d) The presumption established in subsection (c) shall not apply, if:
(1) The person against whom the force is used has the right to be in or is a lawful resident
of the dwelling, business, residence, or vehicle, such as an owner, lessee, or titleholder; provided,

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that the person is not prohibited from entering the dwelling, business, residence, or occupied
vehicle by an order of protection, injunction for protection from domestic abuse, or a court order
of no contact against that person;
(2) The person against whom the force is used is attempting to remove a person or
persons who is a child or grandchild of, or is otherwise in the lawful custody or under the lawful
guardianship of, the person against whom the defensive force is used;
(3) Notwithstanding 39-17-1322, the person using force is engaged in an unlawful
activity or is using the dwelling, business, residence, or occupied vehicle to further an unlawful
activity; or
(4) The person against whom force is used is a law enforcement officer, as defined in
39-11-106, who enters or attempts to enter a dwelling, business, residence, or vehicle in the
performance of the officer's official duties, and the officer identified the officer in accordance
with any applicable law, or the person using force knew or reasonably should have known that
the person entering or attempting to enter was a law enforcement officer.

(e) The threat or use of force against another is not justified:

(1) If the person using force consented to the exact force used or attempted by the other
individual;
(2) If the person using force provoked the other individual's use or attempted use of
unlawful force, unless:
(A) The person using force abandons the encounter or clearly communicates to
the other the intent to do so; and
(B) The other person nevertheless continues or attempts to use unlawful force
against the person; or
(3) To resist a halt at a roadblock, arrest, search, or stop and frisk that the person using
force knows is being made by a law enforcement officer, unless:
(A) The law enforcement officer uses or attempts to use greater force than
necessary to make the arrest, search, stop and frisk, or halt; and
(B) The person using force reasonably believes that the force is immediately
necessary to protect against the law enforcement officer's use or attempted use of greater force
than necessary.

Provisions Re: Criminal Responsibility

39-11-401. Parties to offenses.

(a) A person is criminally responsible as a party to an offense, if the offense is committed by the
person's own conduct, by the conduct of another for which the person is criminally responsible,
or by both.
(b) Each party to an offense may be charged with commission of the offense.

39-11-402. Criminal responsibility for conduct of another.

A person is criminally responsible for an offense committed by the conduct of another, if:

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 (1) Acting with the culpability required for the offense, the person causes or aids an innocent or
irresponsible person to engage in conduct prohibited by the definition of the offense;
(2) Acting with intent to promote or assist the commission of the offense, or to benefit in the
proceeds or results of the offense, the person solicits, directs, aids, or attempts to aid another
person to commit the offense; or
(3) Having a duty imposed by law or voluntarily undertaken to prevent commission of the
offense and acting with intent to benefit in the proceeds or results of the offense, or to promote or
assist its commission, the person fails to make a reasonable effort to prevent commission of the
offense.

9-11-403. Facilitation of felony. (less than criminal responsibility)

(a) A person is criminally responsible for the facilitation of a felony, if, knowing that another
intends to commit a specific felony, but without the intent required for criminal responsibility
under 39-11-402(2), the person knowingly furnishes substantial assistance in the commission
of the felony.
(b) The facilitation of the commission of a felony is an offense of the class next below the felony
facilitated by the person so charged.

39-11-411. Accessory after the fact.

(a) A person is an accessory after the fact who, after the commission of a felony, with
knowledge or reasonable ground to believe that the offender has committed the felony, and with
the intent to hinder the arrest, trial, conviction or punishment of the offender:
(1) Harbors or conceals the offender;
(2) Provides or aids in providing the offender with any means of avoiding arrest, trial,
conviction or punishment; or
(3) Warns the offender of impending apprehension or discovery.
(b) This section shall have no application to an attorney providing legal services as required or
authorized by law.
(c) Accessory after the fact is a Class E felony.

Provisions Re: Inchoate Crimes

39-12-101. Criminal attempt.

(a) A person commits criminal attempt who, acting with the kind of culpability otherwise
required for the offense:
(1) Intentionally engages in action or causes a result that would constitute an offense, if
the circumstances surrounding the conduct were as the person believes them to be;
(2) Acts with intent to cause a result that is an element of the offense, and believes the
conduct will cause the result without further conduct on the person's part; or
(3) Acts with intent to complete a course of action or cause a result that would constitute
the offense, under the circumstances surrounding the conduct as the person believes them to be,
and the conduct constitutes a substantial step toward the commission of the offense.

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(b) Conduct does not constitute a substantial step under subdivision (a)(3), unless the person's
entire course of action is corroborative of the intent to commit the offense.

(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually
committed.

39-12-102. Solicitation.

(a) Whoever, by means of oral, written or electronic communication, directly or through another,
intentionally commands, requests or hires another to commit a criminal offense, or attempts to
command, request or hire another to commit a criminal offense, with the intent that the criminal
offense be committed, is guilty of the offense of solicitation.

(b) It is no defense that the solicitation was unsuccessful and the offense solicited was not
committed. It is no defense that the person solicited could not be guilty of the offense solicited,
due to insanity, minority, or other lack of criminal responsibility or incapacity. It is no defense
that the person solicited was unaware of the criminal nature of the conduct solicited. It is no
defense that the person solicited is unable to commit the offense solicited because of the lack of
capacity, status, or characteristic needed to commit the offense solicited, so long as the person
soliciting or the person solicited believes that either or both have such capacity, status, or
characteristic.

39-12-103. Criminal conspiracy.

(a) The offense of conspiracy is committed if two (2) or more people, each having the culpable
mental state required for the offense that is the object of the conspiracy, and each acting for the
purpose of promoting or facilitating commission of an offense, agree that one (1) or more of
them will engage in conduct that constitutes the offense.

(b) If a person guilty of conspiracy, as defined in subsection (a), knows that another with whom
the person conspires to commit an offense has conspired with one (1) or more other people to
commit the same offense, the person is guilty of conspiring with the other person or persons,
whether or not their identity is known, to commit the offense.

(c) If a person conspires to commit a number of offenses, the person is guilty of only one (1)
conspiracy, so long as the multiple offenses are the object of the same agreement or continuous
conspiratorial relationship.

(d) No person may be convicted of conspiracy to commit an offense, unless an **overt act
(discuss this** in pursuance of the conspiracy is alleged and proved to have been done by the
person or by another with whom the person conspired.

(e) (1) Conspiracy is a continuing course of conduct that terminates when the objectives of
the conspiracy are completed or the agreement that they be completed is abandoned by the

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person and by those with whom the person conspired. The objectives of the conspiracy include,
but are not limited to, escape from the crime, distribution of the proceeds of the crime, and
measures, other than silence, for concealing the crime or obstructing justice in relation to it.
(2) Abandonment of a conspiracy is presumed if neither the person nor anyone with
whom the person conspired does any overt act in pursuance of the conspiracy during the
applicable period of limitation.
(3) If an individual abandons the agreement, the conspiracy is terminated as to that
person only if and when the person, advises those with whom the person conspired of the
abandonment, or the person informs law enforcement authorities of the existence of the
conspiracy and of the person's participation in the conspiracy.

(f) It is no defense that the offense that was the object of the conspiracy was not committed.

(g) Nothing in this section is intended to modify the evidentiary rules allowing statements of co-
conspirators in furtherance of a conspiracy.

39-12-104. Renunciation defense.

It is an affirmative defense to a charge of criminal attempt, solicitation or conspiracy that the

person, after committing the criminal attempt, solicitation or conspiracy, prevented the
successful commission of the offense attempted, solicited or conspired, under circumstances
manifesting a complete and voluntary renunciation of the person's criminal purpose.

39-12-107. Classifications

(a) Criminal attempt is an offense one (1) classification lower than the most serious crime
attempted, unless the offense attempted was a Class C misdemeanor, in which case the attempt
would not be an offense.

(b) Solicitation is an offense two (2) classifications lower than the most serious offense solicited,
unless the offense solicited was a Class B or C misdemeanor, in which case the solicitation
would not be an offense.

(c) Except as provided in 39-17-417(i) and (j), conspiracy is an offense one (1) classification
lower than the most serious offense that is the object of the conspiracy, unless the offense
conspired was a Class C misdemeanor, in which case the conspiracy would not be an offense.

Provisions Re: Assault Crimes

39-13-101. Assault.

(a) A person commits assault who:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;

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 (2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person
would regard the contact as extremely offensive or provocative.

(b) Assault is a Class A misdemeanor unless the offense is committed under subdivision (a)(3),
in which event assault is a Class B misdemeanor.

39-13-102. Aggravated assault.

(a) A person commits aggravated assault who:

(1) Intentionally or knowingly commits an assault as defined in 39-13-101 and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon; or
(2) Recklessly commits an assault as defined in 39-13-101(a)(1), and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon. Commented [HAP1]: Whats the difference?

39-13-103. Reckless endangerment.

(a) A person commits an offense who recklessly engages in conduct that places or may place
another person in imminent danger of death or serious bodily injury.

(b) Reckless endangerment is a Class A misdemeanor; however, reckless endangerment

committed with a deadly weapon is a Class E felony.

Provisions Re: Homicide

39-13-201. Criminal homicide.

Criminal homicide is the unlawful killing of another person, which may be first degree murder,
second degree murder, voluntary manslaughter, criminally negligent homicide or vehicular
homicide.

39-13-202. First degree murder.

(a) First degree murder is:

(1) A premeditated* and intentional** killing of another;
(2) A killing of another committed in the perpetration of or attempt to perpetrate any first
degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping,
aggravated child abuse, aggravated child neglect or aircraft piracy; or
(3) A killing of another committed as the result of the unlawful throwing, placing or
discharging of a destructive device or bomb.

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*A premeditated act is one done after the exercise of reflection and judgment. The intent to kill
must have been formed prior to the act itself. It can be any amount of time preceding the incident
as long as it the murder was the result of reflection and judgement (cannot be formed in an
instant State v. Brown). The mental state must be carefully considered to determine whether the
accused was sufficiently free form excitement and passion to be capable of premeditation. If the
act to kill was formed with deliberation and premeditation, it is immaterial that the accused may
have been in a state of passion or excitement when the act was committed. Premeditation can be
found if the decision to kill is first formed during the heat of passion, but the accused commits
the act after the passion has subsided.

**A person acts intentionally when it is the persons conscious objective or desire to cause the
death of the alleged victim. [It need not be directed toward a specific victim as long as the was
intending the result and it was done with premeditation].

39-13-210. Second degree murder.

(a) Second degree murder is:

(1) A knowing* killing of another; or
(2) A killing of another that results from the unlawful distribution of any Schedule I or
Schedule II drug, when the drug is the proximate cause of the death of the user.

*"Knowingly" means that a person acts with an awareness that his conduct is reasonably certain
to cause the death of the alleged victim. Knowingly is also established if the acted
intentionally.

39-13-211. Voluntary manslaughter.

(a) Voluntary manslaughter is the intentional or knowing killing of another in a state of passion
produced by adequate provocation sufficient to lead a reasonable person to act in an irrational
manner.

39-13-212. Criminally negligent homicide.

(a) Criminally negligent conduct that results in death constitutes criminally negligent homicide.

39-13-213. Vehicular homicide.

(a) Vehicular homicide is the reckless killing of another by the operation of an automobile,
airplane, motorboat or other motor vehicle, as the proximate result of:
(1) Conduct creating a substantial risk of death or serious bodily injury to a person;
(2) The driver's intoxication, as set forth in 55-10-401. For the purposes of this section,

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"intoxication" includes alcohol intoxication as defined by 55-10-408, drug intoxication, or
both;
(3) As the proximate result of conduct constituting the offense of drag racing as
prohibited by title 55, chapter 10, part 5.

39-13-215. Reckless homicide.

(a) Reckless homicide is a reckless killing of another.

Provisions Re: False Imprisonment and Kidnapping

39-13-302. False imprisonment.

(a) A person commits the offense of false imprisonment who knowingly removes or confines*
another unlawfully so as to interfere substantially with the other's liberty.

*A removal or confinement is unlawful if it is accomplished by force, threat, or fraud ,or, in <13

or incompetent, if it is accomplished without the consent of a parent, guardian, or other person
responsible for the general supervision of the minors or incompetents welfare.

39-13-303. Kidnapping.

(a) Kidnapping is false imprisonment as defined in 39-13-302 (above):

(1) Under circumstances exposing the other person to substantial risk of bodily injury; or
(2) Where the confinement of another is in a condition of involuntary servitude.

Provisions Re: Theft and Related Crimes

39-14-103. Theft of property.

A person commits theft of property if, with intent to deprive the owner of property, the person
knowingly obtains or exercises control over the property without the owner's effective consent.

39-14-106. Unauthorized use of automobiles and other vehicles - Joyriding.

A person commits a Class A misdemeanor who takes another's automobile, airplane,

motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does
not have the intent to deprive the owner thereof.

Provisions Re: Robbery, Burglary, and Related Crimes

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39-13-401. Robbery.

(a) Robbery is the intentional or knowing theft of property from the person of another by
violence or putting the person in fear.

(b) Robbery is a Class C felony.

39-13-402. Aggravated robbery. (must prove robbery first)

(a) Aggravated robbery is robbery as defined in 39-13-401:

(1) Accomplished with a deadly weapon* or by display of any article used or fashioned
to lead the victim to reasonably believe it to be a deadly weapon; or
(2) Where the victim suffers serious bodily injury*.

(b) Aggravated robbery is a Class B felony.

39-13-403. Especially aggravated robbery.

(a) Especially aggravated robbery is robbery as defined in 39-13-401:

(1) Accomplished with a deadly weapon; and
(2) Where the victim suffers serious bodily injury.

(b) Especially aggravated robbery is a Class A felony.

*Definition on page 1

Provisions Re: Arson and Related Crimes

39-14-301. Arson.

(a) A person commits an offense who knowingly (of the starting of the fire only) damages any
structure by means of a fire or explosion:
(1) Without the consent of all persons who have a possessory, proprietary or security
interest therein; or
(2) With intent to destroy or damage any structure to collect insurance for the damage or
destruction or for any unlawful purpose.

39-14-302. Aggravated arson.

(a) A person commits aggravated arson who commits arson as defined in 39-14-301 or 39-
14-303:
(1) When one (1) or more persons are present therein; or
(2) When any person, including firefighters and law enforcement officials, suffers serious
bodily injury as a result of the fire or explosion.

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Provisions Re: Burglary, and Related Crimes

39-14-402. Burglary.

(a) A person commits burglary who, without the effective consent of the property owner:
(1) Enters a building other than a habitation (or any portion thereof) not open to the
public, with intent to commit a felony, theft or assault;
(2) Remains concealed, with the intent to commit a felony, theft or assault, in a building;
(3) Enters a building and commits or attempts to commit a felony, theft or assault; or
(4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other
motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a
felony, theft or assault.

(b) As used in this section, "enter" means:

(1) Intrusion of any part of the body; or
(2) Intrusion of any object in physical contact with the body or any object controlled by remote
control, electronic or otherwise.

(c) Burglary under subdivision (a)(1), (2) or (3) is a Class D felony.

39-14-403. Aggravated burglary.

(a) Aggravated burglary is burglary of a habitation as defined in 39-14-401 and 39-14-402.

Provisions Re: Child Abuse

39-15-401. Child abuse and child neglect or endangerment.

(a) Any person who knowingly, other than by accidental means, treats a child under eighteen
(18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided,
however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony.

(b) Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as
to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided,
that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E
felony.

Mens rea of "knowing" refers only to the conduct elements of treatment or neglect of a
child under the child abuse statute and child abuse offenses are not result-of-conduct offences. If
an injury results from knowing abuse or neglect, the actor has committed child abuse
The statute requires that the know the abusive nature of his conduct, though the need
not know that his conduct will result in the childs injury

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39-15-402. Aggravated child abuse and aggravated child neglect or endangerment --
Definitions.

(a) A person commits the offense of aggravated child abuse, aggravated child neglect or
aggravated child endangerment, who commits child abuse, as defined in 39-15-401(a); child
neglect, as defined in 39-15-401(b); or child endangerment, as defined in 39-15-401(c) and:
(1) The act of abuse, neglect or endangerment results in serious bodily injury to the child;
(2) A deadly weapon, dangerous instrumentality or controlled substance is used to
accomplish the act of abuse, neglect or endangerment; or
(3) The act of abuse, neglect or endangerment was especially heinous, atrocious or cruel,
or involved the infliction of torture to the victim.

"Extreme physical pain" is pain that is severe enough "to be in the same class as an injury
which involves a substantial risk of death" (thus serious bodily injury)

Provisions Re: Drug Related Crimes

39-17-417. Criminal offenses and penalties.

(a) It is an offense for a defendant to knowingly:

(1) Manufacture a controlled substance;
(2) Deliver a controlled substance;
(3) Sell a controlled substance; or
(4) Possess a controlled substance with intent to manufacture, deliver or sell the controlled
substance.

Provisions Re: Driving Offenses

55-10-205. Reckless driving.

(a) Any person who drives any vehicle in willful* or wanton** disregard for the safety of
persons or property commits reckless driving.

*To constitute a willful disregard for the safety of persons or property there must be a designed
purpose, an intent to do the wrong, while
**to constitute wanton disregard the party doing the act or failure to act must be conscious of his
conduct and though having no intent to injure must be conscious from his knowledge of
surrounding circumstances and existing conduct that his conduct may naturally or probably result
in injury.

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55-10-401. Driving Under the Influence.

It is unlawful for any person to drive or to be in physical control of any automobile or other
motor driven vehicle on any of the public roads and highways of the state, or on any streets or
alleys, or while on the premises of any shopping center, trailer park or any apartment house
complex, or any other premises that is generally frequented by the public at large, while:
(1) Under the influence of any intoxicant, marijuana, controlled substance, controlled
substance analogue, drug, substance affecting the central nervous system or combination thereof
that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the
clearness of mind and control of oneself which the driver would otherwise possess; or
(2) The alcohol concentration in the person's blood or breath is eight-hundredths of one
percent (0.08%) or more.

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