(4)9 Special Considerations

(4)9 Special Considerations

This chapter provides statutes relating to special considerations not generally covered by statutes elsewhere in Title 4.

(4)9.1 Enhancement and Modifiers

This section provides provisions for charge enhancements and modifications.

(4)9.1.1 Domestic Violence

(a) A crime shall be classified as “Domestic Violence” (DV) when the defendant and the alleged victim share a familial, household, intimate, or spousal relationship, including former spouses, intimate partners, domestic partners, co-parents, or individuals who have resided together.

(b) Any law enforcement officer who finds probable cause of a crime of domestic violence, whether felony or misdemeanor, shall effect an arrest upon the primary aggressor.

(c) Where the court finds reasonable grounds to believe that the victim or a material witness faces a credible risk of retaliation, intimidation, or serious harm, the court may order the defendant held without bail or subject to no-contact conditions pending a judicial review. Such findings must be supported by testimony, sworn statements, or reliable evidence.

(d) Upon arrest for any crime designated as Domestic Violence, a temporary no-contact order shall be issued prohibiting the defendant from having direct or indirect contact with the alleged victim until the defendant’s first court appearance.

(e) At the defendant’s first appearance, the court shall issue, modify, or rescind a no-contact order based on the safety of the alleged victim, the relationship between the parties, and the likelihood of further violence or intimidation.

(4)9.1.2 Attempted Misconduct

(a) A person commits a crime of attempt when, acting with the intent required for the commission of an offense defined under this code, the person engages in conduct constituting a substantial step toward the commission of that offense.

(b) An attempt charged under this subsection shall be prosecuted and punished by reference to the underlying offense, notwithstanding that the completed offense is not consummated.

(c) For purposes of charging, pleading, and adjudication, an offense prosecuted under this subsection may be described as an “attempted” violation of the underlying offense; however, no offense of attempt exists except as authorized by this subsection.

(c) A “substantial step” is conduct that strongly corroborates the actor’s intent to complete the offense, and constitutes more than mere preparation.

(d) Attempted Misconduct shall be punished as follows:

• Class A+ Felony offenses shall be punished as a Class A- Felony.
• Class A Felony offenses shall be punished as a Class B+ Felony.
• Class A- Felony offenses shall be punished as a Class B- Felony.

• Class B+ Felony offenses shall be punished as a Class C+ Felony.
• Class B Felony offenses shall be punished as a Class C Felony.
• Class B- Felony offenses shall be punished as a Class C- Felony.

• Class C+ Felony offenses shall be punished as a Class D+ Felony.
• Class C Felony offenses shall be punished as a Class D Felony.
• Class C- Felony offenses shall be punished as a Class D- Felony.

• Class D+ Felony offenses shall be punished as a Class D- Felony.
• Class D Felony offenses shall be punished as a Gross Misdemeanor.
• Class D- Felony offenses shall be punished as a Gross Misdemeanor.

• Gross Misdemeanor offenses shall be punished as a Misdemeanor.
• Misdemeanor offenses shall be punished as a Misdemeanor.