§ 18-16-112 - Protection for victims of domestic abuse.
18-16-112. Protection for victims of domestic abuse.
(a) As used in this section:
(1) "Documented incident of domestic abuse" means evidence of domestic abuse contained in an order of a court of competent jurisdiction;
(2) "Domestic abuse" means:
(A) The infliction of physical injury or the creation of a reasonable fear that physical injury or harm will be inflicted upon a member of a household by a member or former member of the household; or
(B) The commission of a sex crime or act of stalking upon a member of a household;
(3) "Domestic abuse offender" means a person identified in a documented incident of domestic abuse as performing any act of domestic abuse;
(4) "Sex crime" includes without limitation:
(A) The following offenses:
(i) Rape, 5-14-103;
(ii) Sexual indecency with a child, 5-14-110;
(iii) Sexual assault in the first degree, 5-14-124;
(iv) Sexual assault in the second degree, 5-14-125;
(v) Sexual assault in the third degree, 5-14-126;
(vi) Sexual assault in the fourth degree, 5-14-127;
(vii) Incest, 5-26-202;
(viii) Engaging children in sexually explicit conduct for use in visual or print medium, 5-27-303;
(ix) Transportation of minors for prohibited sexual conduct, 5-27-305;
(x) Employing or consenting to the use of a child in a sexual performance, 5-27-402;
(xi) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, 5-27-304;
(xii) Producing, directing, or promoting a sexual performance by a child, 5-27-403;
(xiii) Promoting prostitution in the first degree, 5-70-104;
(xiv) Indecent exposure, 5-14-112, if a felony level offense;
(xv) Exposing another person to human immunodeficiency virus when a person who has tested positive for human immunodeficiency virus was ordered by the sentencing court to register as a sex offender, 5-14-123;
(xvi) Kidnapping pursuant to 5-11-102(a) when the victim is a minor and the offender is not the parent of the victim;
(xvii) False imprisonment in the first degree and false imprisonment in the second degree, 5-11-103 and 5-11-104, when the victim is a minor and the offender is not the parent of the victim;
(xviii) Permitting abuse of a minor pursuant to 5-27-221;
(xix) Computer child pornography, 5-27-603;
(xx) Computer exploitation of a child, 5-27-605;
(xxi) Permanent detention or restraint when the offender is not the parent of the victim, 5-11-106; and
(xxii) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, 5-27-602;
(B) An attempt, solicitation, or conspiracy to commit any offense enumerated in subdivision (a)(4)(A) of this section; and
(C) An adjudication of guilt for an offense of the law of another state, for a federal offense, for a tribal court offense, or for a military offense:
(i) That is similar to any offense enumerated in subdivision (a)(4)(A) of this section; or
(ii) When that adjudication of guilt requires registration under another state's sex offender registration laws;
(5) "Stalking" means following or loitering near a person with the purpose of annoying, harassing, or committing an assault or battery against the person; and
(6) "Victim of domestic abuse" means a person or a member of the person's household who is identified in a documented incident of domestic abuse within:
(A) The immediately preceding sixty (60) days; or
(B) Sixty (60) days of the termination of a residential tenancy by the person, a member of the person's household, or landlord because of domestic abuse.
(b) If a residential tenant, an applicant for a residential tenancy, or a member of the tenant or applicant's household is a victim of domestic abuse as evidenced by a documented incident of domestic abuse:
(1) With respect to the victim of domestic abuse, a landlord shall not terminate or fail to renew a residential tenancy, refuse to enter into a residential tenancy, or otherwise retaliate in the leasing of a residence because of the domestic abuse; and
(2) (A) At the residential tenant's expense and with the landlord's prior consent, a landlord or a residential tenant other than a domestic abuse offender may change the locks to the residential tenant's residence.
(B) The landlord or residential tenant shall furnish the other a copy of the new key to the residential tenant's residence immediately after changing the locks or as soon after changing the locks as possible if either the landlord or residential tenant is unavailable.
(c) Notwithstanding a conflicting provision in a domestic abuse offender's residential tenancy agreement, if a domestic abuse offender is under a court order to stay away from a co-tenant residing in the domestic abuser's offender's residence or the co-tenant's residence:
(1) The domestic abuse offender under the court order may access either residence only to the extent permitted by the court order or another court order;
(2) A landlord may refuse access by a domestic abuse offender to the residence of a victim of domestic abuse unless the domestic offender is permitted access by court order; and
(3) A landlord may pursue all available legal remedies against the domestic abuse offender including, without limitation, an action:
(A) To terminate the residential tenancy agreement of the domestic abuse offender;
(B) To evict the domestic abuse offender whether or not a residential tenancy agreement between the landlord and domestic abuse offender exists; and
(C) For damages against the domestic abuse offender:
(i) For any unpaid rent owed by the domestic abuse offender; and
(ii) Resulting from a documented incident of domestic abuse.
(d) A landlord is entitled to a court order terminating the residential tenancy agreement of a person or evicting a person, or both, under subdivision (c)(3)(A) or (B) of this section upon proof that the person is a domestic abuse offender under this section.
(e) A landlord is immune from civil liability if the landlord in good faith:
(1) Changes the locks under subdivision (b)(2) of this section; or
(2) Acts in accordance with a court order under subsection (c) of this section.
(f) A residential tenant may not waive in a residential tenancy the residential tenant's right to request law enforcement assistance or other emergency assistance.