(1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), a person shall not accept money or other form of compensation to assist a restrained person from discovering the location of a protected person when the person knows or reasonably should know that the restrained person is subject to a court order prohibiting contact with the protected person.
(b) The provisions of paragraph (a) of this subsection (1) shall not apply to a
person who is working pursuant to an agreement with counsel for a restrained
person or with the restrained person if he or she is representing himself or herself,
if:
(I) (A) The restrained person seeks discovery of the location of the protected
person for a lawful purpose as specified in a written agreement between the person
and the restrained person or his or her counsel; and
(B) The written agreement states that the location of the protected person
shall not be disclosed by the person or by counsel for the restrained person to the
restrained person unless the protected person has agreed to the disclosure in
writing or the restrained person obtains court permission to obtain disclosure of the
location for the stated lawful purpose; or
(II) (A) The restrained person is a defendant in a criminal case or a party to a
civil case, an action for dissolution of marriage, or other legal proceeding; and
(B) The agreement states that the lawful purpose for locating the protected
person is to interview or issue a lawful subpoena or summons to the protected
person or for any other lawful purpose relating to the proper investigation of the
case.
(2) A violation of subsection (1) of this section is a class 2 misdemeanor
offense.
(3) It shall be an affirmative defense to a charge under subsection (1) of this
section if the person:
(a) Within seventy-two hours prior to disclosing the location of the protected
person to the restrained person, verified that there was not a protection order
relating to the protected person; and
(b) Prior to disclosing the location of the protected person to the restrained
person, obtained from the restrained person a signed affidavit verifying that the
restrained person was not aware of any protection order related to the protected
person.
(4) As used in this section, unless the context otherwise requires:
(a) Protected person means the person or persons identified in a protection
order as the person or persons for whose benefit the protection order was issued.
(b) Protection order means an order as described in section 18-6-803.5
(1.5)(a.5) that prohibits a restrained person from contacting a protected person.
(c) Restrained person means the person identified in the protection order
as the person prohibited from doing the specified act or acts.
L. 2006: Entire section added, p. 1056, § 1, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3217, § 375, effective March 1, 2022.
