§ 34-46. Other wrongs to minors.

(a)

It shall be unlawful for any person knowingly, intentionally or negligently and without justifiable excuse, to cause:

(1)

The life of a minor to be endangered;

(2)

The health or physical well-being of a minor to be injured or endangered;

(3)

The punishment or tormenting of any minor not in the legal care, custody or control of such person; or

(4)

The endangerment or impairment of the morals of any minor.

(b)

It shall be unlawful for any person having the legal care, custody or control of any minor knowingly, intentionally or negligently, and without justifiable excuse to:

(1)

Abandon any such minor;

(2)

Torture, torment or cruelly punish any such minor;

(3)

Deprive any such minor of food, clothing or shelter;

(4)

Injure such minor unnecessarily in any other manner; or

(5)

Allow any such minor to be so abandoned; tortured; tormented; cruelly punished; deprived of food, clothing or shelter; or injured unnecessarily in any other manner.

(c)

It shall be unlawful for any person to intentionally or knowingly provide a weapon to any minor.

(d)

It shall be unlawful for any parent or legal guardian of any minor, who knows such minor possesses or has been provided a weapon, to fail to remove the weapon from the minor's possession or control, unless removing this weapon cannot be accomplished without jeopardizing the safety of the parent or legal guardian.

(e)

In the event that the weapon in the possession of a minor cannot be removed from the possession of the minor by the parent or legal guardian without jeopardizing the safety of the parent or legal guardian, it shall be unlawful for the parent or legal guardian to fail to notify the Denver Police Department that the minor possesses the weapon.

(f)

A weapon, for purposes of this section, shall include, but not be limited to, any pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun, sling shot, blackjack, nunchaku, brass knuckles, artificial knuckles of any substance whatsoever, or any switchblade knife, gravity knife, or any knife having a blade greater than three and one-half (3½) inches in any length, or any explosive device, incendiary device or bomb.

(g)

A firearm, for the purposes of this section, means a pistol, revolver, rifle, shotgun, air gun, gas operated gun, or spring gun.

(h)

It shall be an affirmative defense to charges brought under subsections 34-46(c), (d), (e) or (f) that the parent or legal guardian of the minor provided a weapon to the minor or allowed the minor to remain in possession or control of a weapon in the following situations:

(1)

The minor possesses a current and authentic written permit to carry a weapon, issued by the chief of police of a Colorado city, mayor of a Colorado town, or sheriff of a Colorado county; and the carrying of such weapon is within the terms of such permit; or

(2)

The weapon is a household knife, and there are reasonable grounds for the minor having and carrying the knife; or

(3)

The minor possesses or controls the weapon in the course of a lawful act of self-defense or defense of the minor's home or property; or

(4)

The minor possesses or controls the weapon during the course of, or incidental to, being legally summoned to the aid of a Colorado peace officer or a member of the United States armed forces or the Colorado National Guard in the performance of their duties; or

(5)

The minor possesses or controls the firearm, while accompanied by the minor's parent or legal guardian, in the course of a bona fide hunting trip; in the sporting use of such firearms at licensed shooting galleries or any other business licensed for the use of firearms; in cleaning or caring for such firearm; or for transportation to or from any of the aforementioned activities, provided that all firearms being transported shall be unloaded when transported to or from such place of use; or

(6)

The minor possesses or controls the firearm, while accompanied by the minor's parent or legal guardian or an instructor certified by the Colorado Division of Wildlife, while receiving instruction in the safe use of such firearms.

(Code 1950, § 811.6; Ord. No. 536-93, § 1, 7-12-93)

State law reference

Wrongs to children, C.R.S. 1973, 18-6-401; reporting of child abuse, C.R.S. 1973, 19-10-101 et seq.