Chapter 04 - Criminal Violations

Chapter 04 - Criminal Violations

47.0401 Crime involving domestic or family violence defined.

(a) A "crime involving domestic or family violence" occurs when a family or household member, as defined in section 47.0102(1), commits one or more of the following crimes against another family or household member:

(1) arson;

(2) assault and harassment;

(3) burglary, robbery, tampering;

(4) property damage;

(5) homicide offenses(murder and manslaughter, negligent homicide);

(6) kidnapping, felonious restraint, false imprisonment;

(7) sex offenses(rape, sexual assault, deviate sexual assault, sexual abuse, child molesting);

(8) stealing and related offenses;

(9) weapon law violations(unlawful use of weapons, possessing a defaced firearm, unlawfully transferring a weapon, unlawful possession of firearms and firearm ammunition);

(10) offenses against public order(disturbing public peace, disbursing private peace);

(11) family offenses(bigamy, incest, abandonment of child; criminal nonsupport, endangering the welfare of a child, abuse of a child);

(12) property damage and trespass; and

(13) any other crimes which the Attorney General deems relevant and necessary.

(b) The above criminal laws encompassing(a)(1)-(13) shall be enforced without regard to whether the persons involved are or were married, cohabiting, or involved in a relationship.

47.0402 Mandatory fine for conviction of a crime of domestic or family violence.

A person convicted of a crime of domestic or family violence is required to pay to the court a minimum of one hundred fifty dollars($150) to be disbursed as specified below;

(a) The Court may utilize not more than one-third of each payment to offset administrative costs for depositing this payment, for the free filing fee charges for victims alleging domestic violence, and costs of providing legal forms relating to this chapter.

(b) The remainder shall be transferred, quarterly, to the general fund earmarked for deposit in the victims of crime advocacy program/department of health and social services, in an amount equal to two-third of funds collected during the preceding quarter. Moneys deposited in the victims of crime advocacy program shall be distributed as follows:

(1) One-half will be given to creating, developing, and operating a batter?s program, or any other appropriate counseling.

(2) One-half shall support the development of a territorial wide training and education program to increase public awareness of domestic violence and to improve the scope and quality of services provided to the victims of domestic violence.

47.0403 Violation of certain orders for protection is misdemeanor.

Violation of one of the following orders issued as a protection against domestic and family violence, is a misdemeanor:

(a) An order enjoining the respondent from threatening to commit or committing acts of domestic or family violence against the petitioner or other family or household member.

(b) An order prohibiting the respondent from harassing, annoying, telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly.

(c) An order removing and excluding the respondent from the residence of the petitioner.

(d) An order requiring the respondent to stay away from the residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member.

(e) An order prohibiting the respondent from using or possessing a firearm or other weapon specified by the Court.

47.0404 Enhance of penalty for second or subsequent crime involving domestic or family violence.

When a defendant makes a judicial admission, pleads guilty to, or has been found guilty to, or has been found guilty of a second or subsequent crime involving domestic or family violence within five years, the penalty is enhanced by one class above the class otherwise provided for that offense in the territorial statute.