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Domestic Violence Charges (Felony)

Aggravated Domestic Violence

13-3601.02. Aggravated domestic violence; classification; definition

  1. 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 combination of convictions of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a violation of a domestic violence offense.
  2. A person who is convicted under this section and who within a period of eighty-four months has been convicted of two prior violations of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a domestic violence offense is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in jail.
  3. A person who is convicted under this section and who within a period of eighty-four months has been convicted of three or more prior violations of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a domestic violence offense is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in jail.
  4. The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision in subsection A of this section regardless of the sequence in which the offenses were committed. For purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.
  5. For the purposes of this section, prior convictions for misdemeanor domestic violence offenses apply only to convictions for offenses that were committed on or after January 1, 1999.
  6. Aggravated domestic violence is a class 5 felony.
  7. For the purposes of this section, “domestic violence offense” means an offense involving domestic violence as defined in section 13-3601.

Aggravated Assault

Aggravated assault requires proof of the following two things:

  1. A person committed an assault, which requires proof that:
    • a person intentionally knowingly or recklessly caused a physical injury to another person; or
    • a person intentionally put another person in reasonable apprehen­sion of immediate physical injury; or
    • person knowingly touched another person with the intent to injure, insult, or provoke that person; and
  2. The assault was aggravated by at least one of the following factors:
    • a person caused serious physical injury to another person; or
    • a person used a deadly weapon or dangerous instrument; or
    • a person committed the assault after entering another’s home with the intent to commit the assault; or
    • a person was eighteen years of age or older and the person assaulted had not reached his / her six­teenth birthday; or
    • a person knew or had reason to know that the person assaulted was a peace officer or someone directed by a peace officer performing official duties; or
    • the person assaulted was physically restrained; or
    • the assaulted person’s ability to resist was substantially impaired; or
    • a person was a prisoner in a custodial insti­tution and assaulted a person known to be an employee of the custodial institution

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with aggravated assault. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with aggravated assault.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of aggravated assault that person often times is facing a prison sentence. However, in some cases a person may be granted probation.

If a person is charged with or even thinks that they may be charged with aggravated assault it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for aggravated assault in Arizona is Arizona Revised Statute 13-1204

13-1204. Aggravated assault; classification; definition

  1. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
    1. If the person causes serious physical injury to another.
    2. If the person uses a deadly weapon or dangerous instrument.
    3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
    4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim’s capacity to resist is substantially impaired.
    5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
    6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
    7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
    8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
      1. A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.
      2. A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.
      3. A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher’s or nurse’s professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
      4. A licensed health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person’s professional duties. This subdivision does not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with Alzheimer’s disease or related dementia.
      5. A prosecutor.
    9. If the person knowingly takes or attempts to exercise control over any of the following:
      1. A peace officer’s or other officer’s firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
    10. Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
    11. Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties. For the purposes of this paragraph, “implement” means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.
  2. If the person meets both of the following conditions:
    1. Is imprisoned or otherwise subject to the custody of any of the following:
      • (i) The state department of corrections.
      • (ii) The department of juvenile corrections.
      • (iii) A law enforcement agency.
      • (iv) A county or city jail or an adult or juvenile detention facility of a city or county.
      • (v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.
    2. Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
  3. Except pursuant to subsections C and D of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2 or paragraph 9, subdivision (a) of this section is a class 3 felony except if the victim is under fifteen years of age in which case it is a class 2 felony punishable pursuant to section 13-604.01. Aggravated assault pursuant to subsection A, paragraph 3 of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.
  4. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section resulting in any physical injury to a peace officer while the officer is engaged in the execution of any official duties is a class 5 felony.
  5. Aggravated assault pursuant to:
    1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
    2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
    3. Subsection A, paragraph 8, subdivision (e) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.
  6. For the purposes of this section, “prosecutor” means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.

Child or Vulnerable Adult Abuse

13-3623. Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions

  1. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
    1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-705.
    2. If done recklessly, the offense is a class 3 felony.
    3. If done with criminal negligence, the offense is a class 4 felony.
  2. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
      If done intentionally or knowingly, the offense is a class 4 felony.
  3. If done recklessly, the offense is a class 5 felony.
  4. If done with criminal negligence, the offense is a class 6 felony.
  • For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.
  • A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.
  • This section does not apply to:
  1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient’s condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.
  2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.
  • For the purposes of this section:
  1. “Abuse”, when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:
    1. Intentional infliction of physical harm.
    2. Injury caused by criminally negligent acts or omissions.
    3. Unlawful imprisonment, as described in section 13-1303.
    4. Sexual abuse or sexual assault.
  2. “Child” means an individual who is under eighteen years of age.
  3. “Emotional abuse” means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.
  4. “Physical injury” means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.
  5. “Serious physical injury” means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
  6. “Vulnerable adult” means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.

Child Abuse

Child abuse requires proof of the following two things:

    1. A person acted under circumstances likely to cause death or serious physical injury or under circumstances other than those likely to cause death or serious physical injury and
    2. the person caused physical injury to a child,
    3. or, having custody or care of a child, the person allowed the health of the child to be endangered
    1. The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with child abuse. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss cases in which our clients were charged with child abuse.
    1. If a person is convicted of child abuse that person is often facing a prison sentence. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.
    1. In the 21st century it is difficult to know if you can use corporal punishment with your child. Many police officers, prosecutors and judges believe that if you spank your child you are guilty of child abuse. However the law in Arizona does allow an adult to physically discipline a child. The lawyers at Shell & Nermyr can help you explain and demonstrate how an injury to a child happened.
    1. It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.
    1. If a person is charged with or even thinks that they may be charged with child abuse it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.
    1. The law for child abuse in Arizona is Arizona Revised Statute 13-3623
    1. 13-3623. Child or vulnerable adult abuse
    1. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
      1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-604.01.
      2. If done recklessly, the offense is a class 3 felony.
      3. If done with criminal negligence, the offense is a class 4 felony.
    2. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
      1. If done intentionally or knowingly, the offense is a class 4 felony.
      2. If done recklessly, the offense is a class 5 felony.
      3. If done with criminal negligence, the offense is a class 6 felony.
    3. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraphs 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.
    4. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.
    5. This section does not apply to:
      1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient’s condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.
      2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.
    6. For the purposes of this section:
      1. “Abuse”, when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:
        1. Intentional infliction of physical harm.
        2. Injury caused by criminally negligent acts or omissions.
        3. Unlawful imprisonment, as described in section 13-1303.
        4. Sexual abuse or sexual assault.
      2. “Child” means an individual who is under eighteen years of age.
      3. “Emotional abuse” means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.
      4. “Physical injury” means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.
      5. “Serious physical injury” means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
      6. “Vulnerable adult” means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.

Drive by Shooting

13-1209. Drive by shooting; forfeiture; driver license revocation; classification; definitions

  1. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.
  2. Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title.
  3. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.
  4. Drive by shooting is a class 2 felony.
  5. As used in this section:
    1. “Motor vehicle” has the same meaning prescribed in section 28-101.
    2. “Occupied structure” has the same meaning prescribed in section 13-3101.

Endangerment

13-1201. Endangerment; classification

  1. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
  2. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

Participating in a Criminal Syndicate

13-2308. Participating in or assisting a criminal syndicate; classification

  1. A person commits participating in a criminal syndicate by:
    1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or
    2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate; or
    3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate’s affairs with the intent to promote or further the criminal objectives of a criminal syndicate; or
    4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or
    5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.
  2. A person shall not be convicted pursuant to subsection A of this section on the basis of accountability as an accomplice unless he participates in violating this section in one of the ways specified.
  3. A person commits assisting a criminal syndicate by committing any felony offense, whether completed or preparatory, with the intent to promote or further the criminal objectives of a criminal syndicate.
  4. Except as provided in subsection E or F of this section, participating in a criminal syndicate is a class 2 felony.
  5. A violation of subsection A, paragraph 5 of this section is a class 2 felony and the person convicted is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served the sentence imposed by the court or the sentence is commuted.
  6. Assisting a criminal syndicate is a class 4 felony.
  7. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.

Resisting Arrest

13-2508. Resisting arrest; classification

    1. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer’s official authority, from effecting an arrest by:
      1. Using or threatening to use physical force against the peace officer or another; or
      2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another.
    2. Resisting arrest is a class 6 felony.

Stalking

    1. 13-2923. Stalking; classification; definitions
      1. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:
        1. Would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for their safety or the safety of that person’s immediate family member.
        2. Would cause a reasonable person to fear death of that person or that person’s immediate family member and that person in fact fears death of that person or that person’s immediate family member.
      2. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 is a class 3 felony.
      3. For the purposes of this section:
        1. “Course of conduct” means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity.
        2. “Immediate family member” means a spouse, parent, child or sibling or any other person who regularly resides in a person’s household or resided in a person’s household within the past six months.

Threatening or Intimidating

    1. 13-1202. Threatening or intimidating; classification
    1. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
      1. To cause physical injury to another person or serious damage to the property of another; or
      2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
      3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
    2. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if:
      1. The offense is committed in retaliation for a victim’s either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.
      2. The person is a criminal street gang member.
      3. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.

Unlawful Discharging a Firearm in City Limits

13-3107. Unlawful discharge of firearms; exceptions; classification; definitions

  1. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
  2. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense.
  3. This section does not apply if the firearm is discharged:
    1. As allowed pursuant to chapter 4 of this title.
    2. On a properly supervised range.
    3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department.
    4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
    5. By special permit of the chief of police of the municipality.
    6. As required by an animal control officer in the performance of duties as specified in section 9-499.04.
    7. Using blanks.
    8. More than one mile from any occupied structure as defined in section 13-3101.
    9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
  4. For the purposes of this section:
    1. “Municipality” means any city or town and includes any property that is fully enclosed within the city or town.
    2. “Properly supervised range” means a range that is any of the following:
    1. Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
    2. Approved by any agency of the federal government, this state or a county or city within which the range is located.
    3. Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.

Unlawful Imprisonment

13-1303. Unlawful imprisonment; classification

  1. A person commits unlawful imprisonment by knowingly restraining another person.
  2. In any prosecution for unlawful imprisonment, it is a defense that:
    1. The restraint was accomplished by a peace officer acting in good faith in the lawful performance of his duty; or
    2. The defendant is a relative of the person restrained and the defendant’s sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.
  3. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest in which case it is a class 1 misdemeanor.

Witness Tampering

13-2804. Tampering with a witness; classification

  1. A person commits tampering with a witness if such person knowingly induces a witness in any official proceeding or a person he believes may be called as a witness to:
    1. Unlawfully withhold any testimony; or
    2. Testify falsely; or
    3. Absent himself from any official proceeding to which he has been legally summoned.
  2. Tampering with a witness is a class 6 felony.

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