PART X.  CRIMES

     §844D-111  Refusal or failure to provide specimen for forensic identification.  (a)  A person commits the offense of refusal or failure to provide specimen for forensic identification if the person is required by this chapter to provide any blood specimens, buccal swab samples, or print impressions and intentionally, knowingly, or recklessly, refuses or fails to provide any of the required blood specimens, buccal swab samples, or print impressions after the person has received written notice from the department, the department of corrections and rehabilitation, any law enforcement personnel, or officer of the court that the person is required to provide each and every one of the blood specimens, buccal swab samples, and print impressions required by this chapter.

     (b)  A person who intentionally or knowingly fails to comply with this section shall be guilty of a misdemeanor.  A person who recklessly fails to comply with this section shall be guilty of a petty misdemeanor.

     (c)  For purposes of this section, "intentionally", "knowingly", and "recklessly" shall have the same meanings as in section 702-206. [L 2005, c 112, pt of §1; am L 2006, c 144, §3; am L 2015, c 193, §1; am L 2022, c 278, §29]

Case Notes

  Defendant was no longer required to provide a buccal swab sample after he had been discharged from probation for his felony offense where the State did not seek to obtain a sample until after his probation for the felony offense had been discharged by the court.  139 H. 9 (App.), 383 P.3d 112 (2016).