(1) The general assembly hereby finds and declares that any individual who violates any provision of this section presents a significant threat to life and property in this state; that such violations require the use of highly trained personnel and sophisticated equipment; and that any such individual, if guilty, shall be convicted of committing a crime and be required to pay for any extraordinary expenses which are a result of said violation.
(2) Any person who barricades or refuses police entry to any premises or
property through use of or threatened use of force and who knowingly refuses or
fails to leave any premises or property upon being requested to do so by a peace
officer who has probable cause to believe a crime is occurring and that such person
constitutes a danger to himself or herself or others commits a class 2 misdemeanor.
(3) Any person who violates subsection (2) of this section and who, in the
same criminal episode, knowingly holds another person hostage or who confines or
detains such other person without that person’s consent, without proper legal
authority, and without the use of a deadly weapon commits a class 1 misdemeanor.
(4) Any person who violates subsection (2) or (3) of this section and who, in
the same criminal episode, recklessly or knowingly causes a peace officer to
believe that he possesses a deadly weapon commits a class 1 misdemeanor.
(5) Any person who violates subsection (2) of this section and who, in the
same criminal episode, knowingly holds another person hostage or who confines or
detains such other person through the possession, use, or threatened use of a
deadly weapon, without the other person’s consent, and without proper legal
authority commits a class 3 felony.
(6) (a) 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 deferred judgment and sentence for a violation of this section shall be
responsible for the payment of up to a maximum of two thousand dollars for any
extraordinary expenses incurred by a law enforcement agency as a result of such
violation.
(b) As used in paragraph (a) of this subsection (6), extraordinary expenses
means any cost relating to a violation of the provisions of this section, including, but
not limited to, overtime wages for officers and operating expenses of any
equipment utilized as a result of such violation or any damage to property occurring
as a result of any violation of this section.
(7) Any person who violates subsection (2) of this section and who, in the
same criminal episode, knowingly holds another person hostage or confines or
detains such other person by knowingly causing such other person to reasonably
believe that the person possesses a deadly weapon commits a class 4 felony.
(8) As used in this section, to hold hostage means to seize, imprison, entice,
detain, confine, or persuade another person to remain in any premises or on any
property during a violation of any provision of this section in order to seek
concessions from law enforcement personnel or their representatives, or to prevent
their entry to property or premises. The term includes imprisoning, enticing,
detaining, confining, or persuading any child to remain in said premises or on said
property in an attempt to secure said concessions.
L. 83: Entire section added, p. 666, § 10, effective July 1. L. 85: (2) amended, p. 624, § 10, effective July 1. L. 2021: (2) and (3) amended, (SB 21-271), ch. 462, p. 3205, § 322, effective March 1, 2022. L. 2023: (5) and (7) amended, (HB 23-1293), ch. 298, p. 1789, § 36, effective October 1.
