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HARBORING OF MINORS
Sections:
9.42.010 Harboring of minors unlawful.
9.42.010 Harboring of minors unlawful.
A. A person commits the crime of harboring if the person knowingly provides
shelter to a minor without the consent of a parent, guardian, or custodian of
the minor and if the person intentionally:
1. Fails to release the minor to a police officer after being requested to do
so by the officer; or
2. Fails to disclose the location of the minor to a police officer when requested
to do so, if the person knows the location of the minor and had either taken
the minor to that location or had assisted the minor in reaching that location;
or
3. Obstructs a police officer from taking the minor into custody; or
4. Assists the minor in avoiding or attempting to avoid the custody of a police
officer; or
5. Fails to notify the parent, guardian, or custodian of a minor or a police
officer that the minor, who is ten years of age or younger, is being sheltered.
Such notification shall be given within four hours after shelter has been provided;
or
6. Fails to notify the parent, guardian, or custodian of a minor or a police
officer that the minor, who is over ten years of age, is being sheltered. Such
notification shall be given within twelve hours after shelter has been provided.
B. This provision shall not apply to police officers working in their official
capacities or other persons working in their official capacities as employees
or members of the staffs of agencies authorized by the state of Colorado to
harbor minors except as provided in subsection C of this provision.
C. If the shelter provided to the minor is by a licensed child care facility,
including a licensed homeless youth shelter, the minor, despite the minor's
status, may reside at such facility or shelter for a period not to exceed two
weeks after the time of intake, pursuant to the procedures set forth in article
5.7 of title 26, C.R.S.
D. Any person convicted of a violation of this section or any person who enters
a plea of guilty or nolo contendere to a violation of this section or is placed
on a deferred judgment and sentence for a violation of this section shall be
responsible for the payment of any extraordinary expenses incurred by a law
enforcement agency or fire department as a result of such violation up to a
maximum of two thousand dollars. "Extraordinary expenses" means any
cost relating to a violation of the provisions of this section, including, but
not limited to overtime wages for officers, firefighters, and rescue specialists
and operating expenses of any equipment utilized as a result of such violation.
E. It shall be an affirmative defense to a violation of this section that the
minor was emancipated at the time of the act of harboring. For the purposes
of this section, emancipated juvenile means a juvenile over fifteen years of
age and under eighteen years of age who has, with the real or apparent assent
of the juvenile's parents, demonstrated independence from the juvenile's parents
in matters of care, custody, and earnings. The term may include, but shall not
be limited to, any such juvenile who has the sole responsibility for the juvenile's
own support, who is married, or who is in the military. (Ord. O-98-35 §
4, 1998; Ord. O-84-76 § 1, 1984).
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